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Les diagrammes suivants iliustrent la mdthode. 1 2 3 32X 1 2 3 4 5 6 Queen's Bench, Montreal. Hon. Judge Wurtele's Ihargeto the SFaijdlurij, Friday, lat September, 1893. Gentlemen of the Grand Jury • The autumn term of the Court of Queen's Bench for the trial of criminal cases, or the autumn assizes for the district of Montreal, commenced ti)day, and you have been summoned and impanelled as the grand jurors for the occasion. Your chief duty will be lo hear and weigh the evidence which will be laid before you in support of the bills of in- dictment to be preferred. If a majority, containing at least twelve of ycu, is of opinion that the evidence addu- ced justifies the accusation contained in a bill, you will find and return a true bill ; if, on the other hand, the ma- jority agrees that the evidence is iosuflScient, you must return that there is no bill. If you should throw out a bill, you cannot reconsider it ; but a bill which was ignored at a previous term may be again preferred and considered by you. The names of the witnesses to be examined in each ca.^e are endorsed on the bill of indictment, and they will be brought before you either by the crown prosecutor or by the clerk of the crown ; and no other witnesses can be ex- amined, except upon the written order of the presiding judge. Your foreman, or any of you who may at any moment b? called upon to act in his place, will swear the witnesses, — 2 — au 1 after the examination of each witness shall write his iuitials a<^aiD8t his name on the bill. The witneF^es r^hould be examined by your foreman or by any of you, but with your consent the examination may be conducted by the crown prosecutor or by the clerk of the crown ; and in fact, in practice, so as to expedite mat- ters, they are grncrally examined by these officers. You must, nevertheless, be alone during your deliberations. You will bring all bills on which you have agreed into the court and deliver them to the clerk of the crown, who will then and there publicly announce your findinjgr. Since the last term of this court, the Criminal Code of the Dominion has come into force, and, although the prin- ciples of our criminal law remain as they were, several changes in details and in procedure have been made. Two of these changes have a bearing on your proceedings. The firFt is thai, whereas formerly in man^ cases you had jurisdict'on only when the ofiFence had been committed in the district, now under section 640 you have power to act, wherever in our province the offence may have been committed, if the accused is in custody or has been commit- ted for trial in this district. The second change is that un- der section 641 bills can only be preferred when a preli- minary inquiry has been made before a justice of the peace, or when a written consent for the preferring has been given by a judge of this court or by the attorney ;^eueral. The right to go directly before you and prefer a bill, therefore, no longer exists, and you no longer have the power to make a presentment against any one upon your own knowledge or upon evidence given before you in the case of other persons. Another and an important change in the criminal law is the abolition, by section 535, of the distinction between felony and misdemeanour. What were formerly comprised under these two classifications are now known under the denomination of '' indictable offences," and proceedings BH — 3 — respecting them, whether formerly foloDies or misdemea- nours, are to be conducted in the same maimer, fxcept in a few cases for which special provision is made by the criminal code. Indictable offences am triable before this court, or by a judge of the Sessions or other magistrate, iu the cases for which the law provides for a speedy or sum- mary trial. All other transgressions of law are called simply " offences " and arc punishable on summary con- icticn. Changes have also been made in the law of evidtuee. The principal ones are that a husband or a wife may now testify in a case concerning the other^ b' t they must not disclose communications made during their marriage, and that an accused person on his trial may give evideuce on his own behalf. A number of accusations will be i^ubmitted to you, but none of them appear to present circumstances which neces- sitate any special instructions. Should, however, you find any difficulties, or anything requiring explanation, I will be ready to give to you at all reasonable times in open court the information you may ask for. Of course you have understood, from the oath which has just been administered to you, that you are bound to keep secret what passes while occupied in investigating and de- liberating on the cases which will be submitted to you. This is required not only in the interest of the public, but also in your own ; it will conduce to greater independence of action, which is in the public interest, and will secure each of you from animadversion and personal criticism, which is in your private interest . From motives of public policy, to secure immunity, no action can be brought jigainst you for your findings. Until you have been discharged from your office as grand jurors for the present term, you should avoid all commu- nications on the subject of your duties, except with your fellow jurors, the crown prosecutor and the officers of the — 4 — court. It is an indictable offence, p'^nishable by two years imprisonment, uoder section '54 of the criminal code, for ;iny one to influence or to attempt to influence, by threats or bribes or other corrupt means, any juryman in his conduct as such, or for any juryman to accept a jribe or any corrupt consideration in connection with the exercise of his duties. If you should be approached by any one for the purpose of influencing your action, it will be your bounden duty to denounce him to the court, in order that he may be brought to punishment for having attempted to mislead justice. Besides the duty which I have called your chief or principal one, you are charged with several other functions. From time to time the grand juries should vint the district court house and jail, and the asylums and institutioDS either supported by the provincial government or receiving grants from it, in order to ascertain their condition and report on the same to the court, for the information of the authorities. The reg stry offices, in the proper man- agement of which the community is vitally interested, may also be reported upon for the same purpose. The present common jail has become insufficient, in con- sequence of the great increase in the population of our city and in fact of the district generally, to accommodate in a suitable manner the number of prisoners usually con- fined in it. Besides that, it is not suited to the ideas of our day. It would appear that the provincial government have in contemplation the erection either of an addition to the present building or of a new prison, such addition or new edifice to be buih in accordance with modern re- quirements. A report from you on this subject in your presentment may strengthen its hands and may perhaps quicken its action. The work for the enlargement and improvement of the court house is progressing rapidly and it is to be hoped will before long be completed. When finished we will be able — 5 — to c()D<^riitulate ournelves oi\ having a roomy uad comuio- dious buildiog, well adapted for its purpose and, what is mof^t important, one contaifuni^ a perfect sywtera of ven- tiiatioD. The bills of indictment to be submitted U) your con- sideration are ready, and I have now to request you to retire to the room assigned to the Grand Jury and to proceed with your work. 'c)^^(o Commercial Printing House, 1488 Notre Dame St. montreal.