Year: 1870




soI, delivered to the Grand Jury at their entranc


duty for the October term of the District Cour
for this Judicial District, for the copy of which


are under obligations to the Judge:


GENTLEMEN OF THE GRAND JURY:-The law of thi


territory makes it my duty to charge you as to YOU


duties before you retire for delberation and in do


ing SO cannot more than give you such general in


struetion as shall in conjunction with your Distric


Attorhey lead you to correct conclusions in the dis
charge OF your responsible trust


Section 20l Of the Criminal Practice Act provides


that Ihe Grand Jury has the power, and it is thei


duty, to inquire into all public offences committed o.


triable within the jurisdiction of the Court either by
lpresentment or Indictment


Ihe difference between an indictment and present


nent ls' tnat Inc former Is found upon statement
iacts against particular defendant which, in the
Judgment ef the Grand Jury, would elf unexplained
or uncontradicted, warrant conviction by the Tria
Jury, before which Indictment necessarily brings
defendant: while the latter is found only upon q
statement Of facts, which, while in themselves are
deemed insufficient to put defendant upon a fina]
trlal OF the charge against him. yet are of sufficient
force to require that the matter be further inyesti
gated oy bringing the defendant before magis.
trate to nave the charge inquired into In the find


ing OF either would require concurrence of twelve
OF your number, and it is your duty to find the one
or the other--which your discretion alone must de-
termne, IN any and all cases. where there has been


commission of any Of the offences mentioned in the
Act entitled can Act concerning crimes and punish
ments, approved Dec. 81, 1864, and all the amend
ments thereto.


All your proceedings are to be kept secret-not on
| ly during your deliberations but ever afterwards
and no one is allowed to be present during your sit
nnes put the witness who is being examined and the
District Attorney. At the time of your final action
upon any matter before you should be allowed
| to be present. Your Foreman is authorized to ad
minister oaths to any witnesses who may be called to
give evidence before you. You will appoint some
ready writer, from among your number to keep some
minutes OK the evidence given in to yOu during your
investigations, SO that you will forget or differ as
to what the evidence was when you come to pass up
on whatever may be before you.


You will sit upon your own adjournments


You will inquire into the condition of all the public
buildings and records and the conduct of all public
oncers OF your county and for this purpose you
entitled at all reasonable times to have free access
to the public buildings and records of the county
free of charge.


You are entitled at all reasonable times to ask the
adVlce OF the Court or any of its members and the
District Attorney, Major Foote who is learned in the
law is your especial adviser to matters of law and
1t is as much your duty to accept the law as given to
you D hm as 1t Is to receive the evidence detailed to
you by the witnesses II, however, you should desire
any further instructions than such as are given to
you by him, you will request the officer to conduct
you into Court, where such information will be given
as may be desired. AS to what evidence is admssi
BILE to be given before the Grand Jury in the nyes
CATION of charge for the purpose OF either present
ment or indictment, will say that you are ito re
ceiVe no other evidence than such as is given by wit
nesses produced and sworn before you or furnished
by legal documentary evidence, or deposition of wit
nesses taken in the manner provided by law" You
are to receive none but such would be admissible
on the final trial OF the 1t is not only your
duty to weigh all the evidence submitted to Won
against the defendant but to require any other eyi.
dence within your reach to be produced, when YOU
have reason to believe it would explain ayay the
charge against the accused. When you have heard |
all the evidence at your command both against and
for particular defendant you "ought to find an in.
dictment, when all the evidence, taken together is
such that if unexplained or uncontradicted it would
warrant conviction by the trial Jury" upon final
hearing of the case.


AS there several parties held to answer for the
crime of murder it perhaps becomes my duty to give
you some special instructions to govern YOU in the
investigation OF these particular cases.


Our statute provides for three kinds of punishable
homicide Murder in the first degree, murder in the
second degree, and mansaughter,


The difference between murder and manslaughter
IS, that IN murder the killing must be premeditated
and with malice, either express or implied: while in
both malice and premeditation are
wanting. .|-..


All murder perpetrated by any willful, deliberate
md premeditatea killing, or which is committed in
he preparation, or attempt to perpetrate any arson
burglary rape robbery, is murder in the first de-
yree. 70 illustrate: 1st-If deliberately and Sc
lately makes up his mind to take the life of B. and
Without any change of purpose, and without excuse
r justification in law, puts his intention into execu-
lon is guilty of murder in the first degree; or ,
d-if and each deliberately and sedately makes
Up his mind to take the life of the other at the first
opportunity, and subsequently they meet, and each re



ny change of purpose, the one is killed by the other
he slayer is guilty of murder in the first degree and
such case the fact to who made the first assault
OF no consequence, If the combat was mutual and 8
ach was trying to take the life of the other without
xcuse or justification in law; or, 3d-if commits |
r attempts to commit, the crimes of arson burglary
ape or robbery, or kills. attempts to kill under
UGH circumstances, that if accomplished it would I
@ murder in the first degree and if the death of
hould result from the commission, or attempt to
ommlt, any of those felonies would be guilty of
lurder in the first degree. D
All killing which, although not intended by the a
aver results or happens in the commission of an -
nlawful act which in its consequences naturally
nds to destroy the life of human being or is COM
lifted in the prosecution of felonious intent if not
urder in the first, is murder in the second degree
or instance lst-If A. in the perpetration, or at
mpt to perpetrate, any crime which is punishable "
imprisonment in the Territorial prison. except the
lines of arson, burglary, rape robbery, should E
Intentionally kill B, he would be guilty Of murder p
the second degree as, where kills, or attempts ~
kill B, under such circumstances as to make the be
mcide, If accomplished murder in the second de- -.
ee, manSlaughter, and the death of results tl'
pm such killing, attempted killing, would be th
llty OF the murder of 9 in the second degree; or,


where steals or attempts to steal any property de
nth S6O or more or attempts to commit dny of the
onies enumerated in the statute,-except murder
the first degree, arson burglary, rape or robbery
in consequence Of such felonious intent death III
sues to B, is guilty of the murder of in the Sec
degree; or, 3d-if A should purposely or reck- de
sly ride or drive vicious horse human be. be
,wd of people, regardless Of human ife or should
Dot into crowd of people, or should do any un-l
fu act which IN Its consequences naturally tends ths
destroy life, and death ensues to B, would be
lily Of the murder of B in the second degree. be-
III killing which is voluntary, and done supon -.
iden neat OF passion, caused by provocaton an
emily sufficient to make the passion irresistible:"
which is done involuntarily. sin the commission
1rr1lo fri oaf vf,~l