Rensselaer Standard, Volume 1, Number 20, Rensselaer, Jasper County, 1 November 1879 — Untitled [ARTICLE]

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-

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

I«* he sworn or to a»iwer a proper question ihe power of this court which U ample undor the law, may be invoked by you to compel obedience. Witnesses in the first in-J stance will be examined by your foreman, after which any of your number may ask questions - After hearing all ibe evidence you can obtain or may desire in relation to any particular criminal transaction, you are then to determine whether an indictment should be returned. The concurrence of five of your number is uecesaary to the return of an indictment. The evidence to warrant the presentation of an indictment, while it need not satisfy you of the guilt of the accused beyond a reasonable doubt, should be sufficient to make it reasonably , probable that if returned the indictment will be followed by a convi« lion. Upon this point rare should be exercised by the grand jury. The return of an indictment where the evidence does not muse out a reasonable case of guilt, puts n party, very efteo an innocent men, to grent expense and hardship in defending himself, as well aa ihe county to useless expense in the unnecessary time consumed by the court in the trial. Your first duty after letimnenl to ymr room, will be to inquire into ihe cases, if any, of prisoners in jail charged with crime; next into the cases of those, if any, who are under recognisance to answer to any charge you may prefer against them. If in any »ueh caae. you should not under the evidence deem it proper to return an indictment the fact should without delay- be reported to the court, that the party not to be put upon trial may be discharged from custody or bia recognisance. You are to act with impartiality and only upon evidence; not to be influenced bj malice or prejudice, nor by tear, favor or affection. But your duty in this respect need not be specially urged. It is sufficiently suggested by the responsible position to which you are called. The law places upon your lips the seal of secrecy. You are never, unless required to do so in a judicial proceeding under oath, to divulge any evidence given or proceedings had before you. During your official sitting no one except the witness under examination should be present, unless it be the state's attorney, whose presenoe for information or advice you may require at any time. The law imposes this secrecy from the fact that the detection of crime often requires it. Witnesses in many cases from various considerations would withold impartial evidence leading 10 the diteovery of crime, were it not for the guarantee afforded by the law that their testimony will not be revealed. Aside from these considerations, the return of an Indictment, ff publicity was given it, would often enable the criminal to escape before arrest. In this connection allow me also to suggest that all intermed-

dhn| of~out-idert which seeks to discover what you are doing, or <\hich attempts in any way to procure or prevent the return wnam&Tto your integrity, tut La exceedingly vicious and criminal, and if any instance of this kind oocura, you should bring it to the attention of the court with the view that the proper punishment may be meted out to'the offender. Even the judge of this court h»s no right to hold any communication with you respecting your duty or doings, except such as-is delivered to you publicly front ibis heucli. Advice and counsel from. Ihe prosecuting attorney should be made to you vhln you are officially assembled und not otherwise. The instruction that the court gives you, the official advice of the state’s attorney and the sworn testimony o 1 witnesses should be the sole guide to your deliberations. A baliff will be assigned to you whose duty it will be to keep your room in proper condition; to call your witnesses as they »fe wanted; to prevent unauthorized persons front entering your room, and to obey all of your reasonable orders. Finally, gentlemen, let me urge that the law requires you to perform your duty with diligence. You are not to wait to Its informed of the commission of crime, but areal once to tal e active measures to ascertain whether any has been committed. You will inquire of each other as to the commission of crime in your several neighborhoods, and what persons will most likely know of their commission. Those persons you will have. summoned before you and examine them under oath. The vast amount of crime iu the land brought to our notice through every source of information, admonishes us that those charged with administering the law cannot be too vigilant in the discharge of their duty. The law should be admioisteml with justice and mercy—mercy which has compsssion for the weakness of human nature and which inflicts no cruel r,r unnecessary punishment. but which does not permit the criminal to go free. Such mercy would h* cruelty to the innocent sufferers from crime, and would soon unsettle the repose and security of society. I doubt not, gentlemen, that your duties will be discharged in a manner creditable to yourselves and conducive to the publio good. Will some of our Delphi exchanges, or Rensselaer either, inform us in regard to the 1., D. &C. R. R. officials? We are anxious to see them. Our people are ready to push the road through this section.—[Lowell Enterprise. Ths president of the road Mr. A. McCoy, is a resident of this place, and would, no donbt, take pleasure in answering all communications addressed to him from parties interested in the enterprise.