Year: 1877

into perfect possession of the real
facts. But when the diligence is
yours, and the facts are yours, fidelity,
both to the people at large and to the
accused himself, demands that your
finding disclose the result of that dill
gence and the true expression of those
facts.


With one exception, | have to-day
no particular classes Of cases to which
to call your attention. You will ex-
anime into no cases but such as are
embraced in these instructions.


On the part of the United States,
you will investigate any matter the
United States Attorney may bring
before you. One description of cases
however, | give you in special charge
There are persons in this district, as
it is reported, who are living on public
lands, of the sort known as School
Lands, under supposed title derived
from the Legislature of the Territory
and the County Commissioners Of
their respective counties. 1t is fur
ther currently reported, that some of
these persons are denuding these
lands of their timber under color of
this supposed title. The law is, that
these lands are public lands of the
United States, and the timber upon
them the property of the United
States, embraced in the protective
provisions of the Federal statutes pro-
hibiting the cutting of the timber on
public lands. Neither the Legisla-
ture of this Territory nor any Board
of County Commissioners has any
power to divest the nation of its title
or to license the cutting or removal
of timber from the premises. Per-
sons, who go upon and use the public
land under such territorial permission,
are acting without authority of law.
Persons, who on such lands cut the
timber without license from the ma
tional government first obtained, are
guilty of a criminal violation of the
statutes of the United States. | in.
struct you to inquire into and present
all such cases.


AS far as territorial cases are con-
cerned, you will limit yourselves to
inquiries under S17l and s1.2 of the
Criminal Code of 1873, and to cases
arising under the Fee and Cost Act
of 1869, p. 800 to p. 3.5.


You are instructed to take to your
rooms, and before you proceed to
your other business carefully read
over chapters XIV and XIV of the
Criminal Practice Act of the Terri
tory. Sections les to 10, 113 to 175
and rs TO 1873 inclusive, of these
chapters, YOU will take as equally
well calculated to inform you of your
duties and privileges as Grand Jurors
of the United States and Grand Ju-
rors of the Territory.


Consume no time in listening to
testimony, or discussing testimony,
which would not be admissible in
open court before trial jury.


You should in no case find a true
bill, unless the evidence before YOU,
taken by itself and as if it were all
the evidence in the case, be sufficient
to thoroughly satisfy YOU of the guilt
of the accused. Evidence in favor of
the accused should not in any case be
received by you except only when a
reasonable doubt of guilt appears
on the face of the evidence for
the prosecution and there seems
to be other evidence within reach
which would resolve the doubt.
In such case, that evidence should be
had before you, and if, after its produc-
ton, no reasonable doubt remains in
your mind of the defendants guilt, you
should bring in bin agains. him. The
provisions Of l73 of our Crimi-
nal Code, which you viii have be-
fore You, are intended to express
what | have just been saying.
The aim is to prevent really guilty
man from escaping indictmelit, merely
because of lack OF evidence known TO be
within reach, and which might be am
pie to secure his conviction.


Finally, Gentlemen, study from the
start to be ever mindful OF, and live up
TO the oaihs you have now taken;
discharge your whole duty according
TO the letter and true spirit of your SOL
emn obligation; and leave behind You.
for the imitation of others. deeds and an
example becoming those who hold
trust 20 honorable A. yours.