Year: 1872

witnesses to be called before them, if within
their reach, and for that purpose the Grand
Jury may require the District Attorney to
issue process for such witnesses. This law
is not designed to change the duties OF Grand
Jury. 1t is not designed to make the Grand
Jury the mere servants OF offenders, or To
place it in any way under their control but the
action of the Grand Jury should be just,
prompt and bold in favor of proper admins
traton Of the law, no matter whether 1t be III
favor nf guilt or innocence. Report TO the
Court by indictment the truth. and the whole
truth, as shown by the evidence given before
yen The Grand Jury should not try the mer-
its of the controversy, nor try the credl0ility
of witnesses, or hear impeaching evidences or
evidence on the part of the defendant to con-
tradicr the witnesses on the part of the prose-
cution. All such matters should be investi-
gated publicly before Trial Jury. e


BY law, it is especially the duty OF each
Grand Juror to inquire into the case OF every
prisoner. imprisoned in the county lai On
criminal charge for violating the laws of the
Territory, who are not indicted; also into the
condition and management of the public prison
within the county, and into the wllfui and cor
rupt misconduct in office Of public officers OF
every description within the county. and this
may be done upon the knowledge OF any one OF
tile Grand Jurors, or upon progrr complaint
made before them. and when necessary Ia
proper discharge of his duty. each Grand Juror
has free access to all prisons and public records
within the county; but, gentlemen, be careful
that you do no injustice by hasiy action; be
sure that You have reasonable cause to believe
that the officer complained OF has done, or that
he is doing, wrong. otherwise you may be led


into acts OF serious injury merely to crafty the
petty malice or vindictiye revenge OF some evil
4 h., nytrt IeSg fnrf
pub,c good than he does for the success of his
personal feeling In the discharge Of this pc
culiar duty, while / tell you 10 be careful, it
perhaps is also proper that | should say TO you
that in discharging this duty you are not called
upon 10 whitcwash or praise an unworthy ofilcer,
when the truth clearly establishes the fact that
be does not deserve It.


When the Grand Jury find an indictment,
such indictment should always be for the of
lruse proved, and not for less or some other
ofense A Grand Jury fails to do its duty
when il consents. for any purpose to so grossly
violate the oaths which the Grand Jurors have
taken as to ndict person for crime not
proved.


By law every Grand Juror is required to
keep secret the do!ngs OF the Grand Jury all
that is said in their jury room, aud how each
member votes upon each question. In other
words the counsel of your fellows and ycLr
own as we'll as q. the people. you shall keep
secret; For many reasons this Is wise and IA
Just law. by this excellent enactment II was de-
signed that nothing that occurs III the Grand
Jury room shall be used to int,nidate Grand
Juror or prevent him from doing his duty, that
each member thereof might tearlessIy act ac-
cording to his convictions of right, and that in
doing SO he is amply protected by the law.
No member of the Grand Jury, or the peo-
! ls,~sI al
or public criticism, or called to give an account
for anything said or done in the Grand jury room.
Again, if the action Of the Grand Jury
should be known before it was reported by
them. it would afford the person charged an
opportunity To depart out Of the jurisdiction
of the Court and by thus learning his pr"ba-
BILE fate, such offender might escape punish
ment for the crime charged.


In cases where twelve OF the Grand Jury
concur in finding true bills of indictment. each
Indictment must be endorsed, a true bill"
the foreman's name must be signed by him in
full to such endorsement. and the names of all
the witnesses sworn before the Grand jury
should be written at the foot of such indict-
ment by your clerk. 1t is proper for the Dis
trct Attorney. r. +. Foote Esq. to be with
you during the examination Of witnesses and
be will at all times be ready to aid you with
such legal advice rs you may require. When,
however, you are passing upon the evidence or
settling questions Of fact you should do SD In
secret, and not in the presence or hearing of
any one not member of the Grand Jury.


The Sheriff Mr.. McClintock. will furnish
you with place to hold your sessions in, and
he will supply you with such other convenen-
ces as YOU may find necessary, and with such
attendants and officers as you may require.


1t anything further is necessary from me, it
may be sufficiently supplied by reminding you
OF the oath you have just taken: "You shall
diligently inquire into and true presentmcnt
make of all public oAenses against the people
of the United States Of the Territory Of Idaho.
committed or triablc within the jurisdiction OF
this court, Of which you shall have or can OBJ
tain legal evidence. You shall present no per-
son through malice, hatred or ill-will, nor leave
any unpresented through fear, favor or atfec-
ton, or for any reward, or the promise or hope
theneot; but in all your presentments, you shall
present the truth, the whole truth. and nothing
but the truth according to tho best Of your skill
and understanding, so help you God"


The Court will, ordinarily. meet in the MORN
ing at 8 o'clock and adjourn when it is proper
to do so; but the Grand Jury can regulate its
sessions so as to meet its own convenience. re-
mcmbering to occupy as much Of each day as
possible until your business is completed.


= e----------


"Now, Johnny" said q venerable lady to
her six .year.old nephew, who was persistently
denying an oifense Of which she accused him.
II know you are not telling mo the truth;
see it in your eye" Pulling down the lower