Year: 1878

Juuge, oeilVerea the following charge:


Gentlemen Of the Grand jury You
have been called together to-day IN your
capacity as citizens, TO the discharge of
grave and important trusts. The law of
our State directs that at the commence
ment of each term of tho County Court,
unless otherwise ordered by the Judge,
Grand Jury shall be impsnneled. For
the condition OF society is such
in our county land such has been the case
for several years. that we are rarely called
upon TO comply with this requirement of
the Statute. But in one respect the law
is mandatory {; and when any person is
of his liberty and held to an
swer for an alleged crime, :he Court has
no discretion in the premises-the charges
must be investigated at the next term of
Court thereafter, or the accused released
from custody.


Its now the duty Of the Court to briefly
instruct you in reference to your powers
and duties.


AS you are called together more espe-
cially 10 investigate case which has been
brought recently to the notice of the su-
thorities, your first duty will be to inquire
into the case OF any person who may be
confined in the County Jail upon an al
legged charge Of crime, or held under
bonds TO appear before you. IT any one
Of you know of public offshse, commit
ted and triable within this county, you
must thereupon inform your fellow jurors,
and proceed to investigate the same, and
to aid you in your Investigations
the District Attorney may, at your drec-
ton, issue process to procure the attend
ance OF witnesses. Your foreman is en-
powered to administer an oath to any
person who appears as witness before
you. You may at any time ask the ad-
vice of the Court, or of the District At
tornev, but unless such advice be ask ed,
the Judge of this Court must not be pres
ent at your sessions. The District Attorney
Of the county, may, however, at all times
appear before you, for the purpose Of ad
vising you as to any matter Of which it is
your province to take cognisance, and
may at all times interrogate witnesses be-
fore you whenever you or he thinks il
accessory in The interests Of justice but
you must permit no other person to be
present except yourselves and the witness
ander examination No person
must be permitted TO be present during
Ihs discussion of your opinions, or while
YOU arc giving your vote upon any mat
ter laid before you. Each Of you must
keep secret whatever is said, or in what
manner yourself or any other juror may
have voted upon any matter brought TO
your consideration. Neither one Of you
can be questioned for anything you may
say, or any action you may take upon
any matter legally brought to your no
lice. In any matter of accusation OF q
public offense alleged to have been COM
mitted and triablo within this county, you
should give the matter diligent attention
and you will be assisted in your labors by
the District Attorney, Mr.. Clifford, who
will advise you upon the proper method
Of procedure, and such other matters per-
tanning to your duties as you may desire
information upon.


In the investigation of charge for the
purpose OF presentment or indictment you
can receive no evidence other than the
testimony of witnesses produced and
sworn before you, or furnished by legal
evidence, 10 the exclusion
Of hearsav or secondary evidence. In
the Investigation vt n case you are not
bound to hear evidence for the defense,
but if you believe that there is evidence
within your reach which will explain
away a charge, you should order that
evidence produced. A defendant to a
charge brought before you can only ap.
pear before you voluntarily, and il such
defendant offer himself as evidence, the
Court suggests that il would be sound
exercise of discretion upon your part to
permit tho evidence so offered to be given,
and carefully weigh all the evidence sub
mitted. At the same time the Court in
structs you that the failure Of defendant
to offer his own testimony in evidence,
should not prejudice his case ia your es-
timatioA.


The Grand Jury ought to find an in
dictmant, when all the evidence submit
ted to it, talSan together, would seem 10
warrant conviction II unexplained or
And although the Grand
Jury should not assume any OF the func-


tons of trial Jury, the Court thinks it


proper that it should give each case pre-


sented for its consideration ss thorough


An investigation as circumstances will


permit.


In addition to The immediate business


which is the occasion Of your being called


together, there are other duties and priv
ileges to which tho Court thinks proper to
call your attention Mt this time. 10 would


be we'll for you to examine into tho con
duct of all public institutions, t0 ascertain
if the County buildings are properly cared
for and suitable for their various pur-
poses. For this purpose you have free
access to all public buildings and tho right
TO inquire into their condition and man
agement. Tho county jail is said by
many TO be mn unHt place TO confne n
person for any length Of time, especially
in the Winter season. II such be- the
case it will be within your provinco to
make such recon mendatons TO the con
sideration Of the Board Of Supervisors SIS
may to YOU seem just and proper. 1t is
also within your province to inquire into
the management of the County Hospital,
to satisfy yourself whether the sick there
IN receive sufficient attention, and are
with proper food and care at the
bands of the county physicians to exam
inc the public records ard see il they are


properly kept, and to ascertain so far rs
It may be in your power to de, whether
The county revenues are closely collected.
These branches of the duties Of n Grand


Jury have been ignored by tho Grand


Juries lmpsnneled during tho last four


years, and the Court therefore thinks
proper to call your attention thereto. 1t
is also your duty to inquire into any cases
Of willful or corrupt misconduct on the
part Of public officers Of every description


within the county.


For your further information, gentle
men. in regard to your powers and duties,
the Court directs your attention TO the
law governing your actions, which will


be found commencing on pnge 1915 of
Volume Q Of the Codes and Statutes, from
Secton 9l5 to 044, inclusive. ] will also
direct your attention to Section 903 and
904, of the same volume, embod-ing the