Rensselaer Standard, Volume 1, Number 20, Rensselaer, Jasper County, 1 November 1879 — Page 5

THE RENSSELAER STANDARD.

THE STANDARD.

SATURDAY, NOVEMBER 1,1879.

The grand jury convened in the circuit court last Monday and instructed by Judge Hammond as follows: Gentlemen of the Grand Jury: You are convened to ascertain what crimes, if any. have been committed within this jurisdiction, and to return indictments against thoee who committed them. The duty devolved upon you is an important one, and I doubt not that you will bring to its discharge energy, integrity, firmness and impartiality. If men at all times strived to live honestly and to harm no one, penal statutes would have no existence. But this is not the case. Human nature is prone to evil, and the wicked passions of many can be restrained only by fear of punishment. The criminal code, therefore, of necessity, finds a place in the jurisprudence of every civilized government.. All history end experience prove that the punishment of criminals is necessary for the protection of life, liberty and property, and for the maintenance of the peace and good order of society. To insure the vigorous enforcement of laws against crime, it is necessary to have a tribunal, or officers, whose special duty it is to make complaints of offenses This duty to a very considerable extent is devolved upon the grand jury, a tribunal composed of six reputable freeholders of the county—men having an abiding interest in the peace and prosperity of the community, and selected in a manner well calcalated to secure efficiency mad impartiality in their official actions. On being empanneled, the court appoints one of the grand jurors as foreman: An oath is then administered to them by the clerk—the same just taken by you—to the effect that they will diligently enquire and true present most make of all violations of the criminal laws of tbe state of which the court has jurisdiction; that they will not present anyone through malice, haired, or ill will, nor leave anyone unpresented through fear, favor or affection, or for any reward, or the premise or hope thereof, but tkhat they will in all their indictments, present the truth, the whole truth and nothing but the truth; that they will not disclose any evidence given or proceedings had before them. This oath is so admirably worded that it embraces briefly your entire duties, I beg your indulgence while I call your attention to its several parts as a convenient method of discharg-

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ing the requirement of law which makes it obligatory upon me to instruct you plainly as to your duties. In the first place, then, your oath requires you to make diligent inquiry and to present indictments for all violations of the criminal laws of the state within the jurisdiction of this court, for you will bear in mind that in all cases in which this court has jurisdiction to try an offense, you have jurisdiction to return an indictment. An explanation, therefore, of the court's jurisdiction, is an explanation of your own jurisdiction. The jurisdiction of the court relates first, to the crime, secondly,. to the time when, and thirdly, to the piece where committed. As to the crime, this court has jurisdiction of all offenses, felonies and misdemeanors, except these misdemeaaors that fell exclusively within the jurisdiction of a justice of the peace, being those where the fine may not exceed three dollars. With reference to the time of the commission of an offense as affecting jurisdiction, the statute provides that prosecutions for treason, murder, arson and mans testing may be commenced at any time after their commission. The enormity of these crimes is such that no lapse of time is permitted to screen the offender from punishment. Prosecutions for all other osseous must he commenced within two years after their commission. But it is provided that if say perron who has committed an offense is absent from the Mate, or so conceals biinseif that process cannot be served upon him, «r conceals the fact of the crime, the time of absenoe or concealment is not to be included in computing the period of limitation. The jurisdiction of the oourt is confined to offenses committed within the county. Bui as ihere are some apparent exceptions to this rule, it is proper to call attention to them. If a person outside of this state should, by nay agent or means, commit an offense in this county, his crime would be within our jurisdiction. So, too. the oourt would have jurisdiction, if n resident of this ooualy should leave the state to figbt a duel, oi to be concerned as a seoond therein. If an offense is committed partly in one oouuly and partly in another, or if the act o» effects constituting or requisite to the consummation of an offense, occur in two or store counties, the jurisdiction is in either county. When property, taken in one county by burglary, robbery, larceny or embezzlement has been brought into another county, the jurisdiction is in either. An accessory before or after the fact, mny be punished

in the county where he committed the offense, or where tbe principal offense was committed. If a mortal wound be given or poison administered in one county, and death by means there es ensue In another, the jurisdiction in la either county. In this state we have no common law offenses. Crimes with ns are ail defined by statute and their punishment fixed by statute. Whether may given transgression injuriously effecting the rights of others is n crime against the state, is a matter to be determined by eur legislative enactments as* the same have been explained by out courts. Crimes are divided into felonies and misdemeanors. ffeienlee are thoee offenses the punishment fbr which is death or imprisonment in the state's prison. Misdemeanors are these punishable by a Aae alone, or by a fine and confinement In the county jail. Another eiaeot float ion having no reference to that just named, distinguishes crimes as thoee against the person, thoee against property and thoee against society. These offenses will demand your attention. If any within this jurisdiction have been committed, you wil be required to make presentment of them by indictment. It is neither your province or mine in our official capacity to determine whether a law is good or bed, or to criticise its cuaotmem. When the supreme legislative power of the - state places a law upon the statute liooks, courts and juries have no discretion but to administer it aa they find it. Bat no apology is necessary for the enforcement of our penal code. It is founded on prindpis* or reformation, and not of vindictive justice, it has been moulded into Its present shabby the best legislative and judicial wisdom of ages,, and its* probably attained perfection ss nearly as any work of man. Itegard for the public good »s well as official obligation requires its humane but firm ami vigorous execution, lndictinenu should be presented only upon the sworn evidence of witnesses. Hearsay evidence should be rejected. t All oiHsht* influence should be disregarded. The witnesses before testifying must he sworn by your foreman. The evidence of any of your number may he taken after he is sworn tbe same as janother witness. It wilt be your privilege to have such witnesses brought before you as you tuny desire. For this purpose, subpoenas will lie issued at your request or at the instance of the prosecuting attorney, by the clerk, and served by the sheriff or a baliff. If a witness refuses to appear before you after being summoned, or after appearing, declines