^, '^ ▼r^ci. ^^vV^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I 11.25 ■^|2£ 12.5 lis ^^ ^^^ itt iU 12.2 2 tii |2.o WUt. 1.4 mil 1.6 6" <,%* ^ '^' 7: '/ Photographic Sciences CbrporatioR 23 WEST MAIN STRUT WEBSTH.N.Y. MSM (716)872-4503 ^ '^" ■^ ^' f CIHM/ICMH Microfiche Series. CIHIVI/ICMH Collection de microfiches. Canadian InMituta for Historical MIcroraproductlona / Institut Canadian da microreproductlons hiatorlquas Technical and Bibliographic Notes/Notes techniques et bibliographiques The institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. n n D D D Coloured covers/ Couverture de couleur Covers damaged/ Couverture endommag^e Covers restored and/or laminated/ Couverture restaur6e et/ou pellicul6e Cover title missing/ Le titre de couverture manque Coloured maps/ Carter gdographiques en couleur Coloured init (i.e. other than blue or bIsTk)/ Encre de couleur (i.e. autre que bleue ou loira) □ Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ ^ ' Reli6 avec d'autres documents D D D Tight binding may cause shadows or distortion along interior margin/ La re liure serr6e peut causer de I'ombre ou de la distortion le long de la marge intdrieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajoutdes lors d'une restauration apparaissent dans le texte, mais, lorsque cela 6tait possible, ces pages n'ont pas 6t6 fiimdes. Additional comments:/ Commentaires suppldmentaires: L'Institut a microfilm^ le meilleur exemplaire qu'il lui a 6t6 possible de se procurer. Les details de cet exemplaire qui sont peut-dtre uniques du point de vue bibliographique. qui peuvent modifier une image reproduite. ou qui peuvent exiger une modification dans la methods normale de filmage sont indiqu6s ci-dessous. 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This item is filmed at the reduction ratio checked below/ Ce document est film6 au taux de reduction indiqu^ ci-dessous. 10X 14X 18X 22X 26X 30X y 12X 16X 20X 24X 28X 32X The copy filmed here has been reproduced thanks to the generosity off: Bibiiothdque nationale du Quebec L'exemplaire f ilm6 f ut reproduit grdce A ia g6n6rosit6 de: Bibliothdque nationale du Quebec The images appearing here are the best quality possible considering the condition and !>n» 'lity of the original copy and in keeping with *he filming contract specifications. Las images suivantes ont 6t6 reproduites avec le plus grand soin, compte tenu de la condi'Jon et de la nettetd de I'examplaire filmd, et en conformity avec les conditions du contrat de filmage. Original copies in printed paper covers ere filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the '^st page with a printed or illustrated impression. Les exemplaires originaux dont la couverture en papier est imprimde sent fiim^s en commenpant par le premier plat et en terminant soit par la dernidre page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, salon le cas. Tous les autres exemplaires originaux sent fiimis en commen^ant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la derniAre page qui comporte une telle empreinte. The last recorded frame on each microfiche shall contain the symbol — ^- (meaning "CON- TINUED"), or the symbo! V (meaning "END"), whichever applies. Un das symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole — ^ signifie "A SUIVRE", le symbole V signifie "FIN ". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre film^s d des taux de r6duction diff^rents. Lorsque le document est trop grand pour dtre reproduit en un seul ciichd. il est fiimd d partir de Tangle supdrieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images n6cessaire. Les diagrammes suivants illustrent la mdthode. 1 2 i 3 32X 1 2 3 4 5 6 -r^-^p— V- Court of Queen's Bench, Crown Side, Ottawa. Mr. Justice Wurtele's Shargefothe Brand lurg, Saturday^ lO^/i December^ 1887. Gentlemen of the Grand Jury : The time having arrived for the wiater term of the court for the trial of iodiotable offeDces committed ia this district, you have bcfo summooed aod impaoDelled to form the Grand J ury . It is one of the duties of the governmeot, or to use the accepted term, of the crown, to see that the laws are res- pected and that those who commit offences are projtcuted and puDi^hed; and all necessary power has been given to the law officers of the Crown and their substitutes for that purpose. But as this power, ^f exercised without control, might be abused and become dangerous, it has been con- trived, and it is a fundamental rule of our law, that no man cun be called to answer to the Crown for any crime or Ferious offence unless upon the preparatory accusation of twelve at least of his fellow- subjects, and that the truth of eveiy Buch accusation should afterwards be confirmed by the unanimous verdict of twelve other inhabitants of the district, indifferently chosen and free from all sus^ ion. The Crown therefore submits all accusatious to the grand jury, who inquire in each case whether there is sufficient ground to put the accused on his trial ; and when the grand jury find that there is a sufficient case, the Crown next places the accused on his trial before a petit jury, who, after every opportunity for a full defence and after — 2 — a full cDfjuirj, pass ujon the truth of the accusation. The accusations will be taken before you by th^ substitutes of the Attorney General or the officers duly appointed to prosecute on behalf of the Crown. Each accusation is reduced to writing and sots forth succir-ctly, but with c* rtaiuty, the fact-s and circumstances essential to corsrtitute the crime, and directly charges the accused with having comncitteu it. When this document is preferred to you, it is called a bill ; and when you may finu the charge founded, it be- comes an indictment. Every bill is signed by the Attorney General or one of hir substitutes, and by the clerk of the Crown, to prevent nnauthorized alterations after it has been found; and the names of all the witnesses whor it is intended to bring before you to be examined in support of a bill are en- dorsed on its back. The officers prosecuting on behalf of the Crown and the clerk and other sitorn officers of the court have alone <he right to be present in your room during the examination of the witnesses, and may conduct the (xamination. The witnesrcs produced must be sworn before being examined, and the oath should be administered either by your foreman or by any of you who in his absence may act on his behalf; and yoi^r foreman or such other mem- ber of the grand jury must write his initials against the name endorsed on the bill of each witness sworn and exa- mined touching such bill. You must examine no witness whose name has not been either endorsed on the bill or submitted to you by the officers prosecuting on behalf of the Crown unless a written order to that iffect bo given by the presiding judge. Upon the conclusion of the whole evidence in each case, all persons not members of the grand jury must with- draw ; and you will then deliberate and decide whether or not you find the accusation justified. — 3 — casr, with- ler or As regards bills lal J Leforo a grand jury, its fuuctioa is merely to inquire whether there is sufficioat ground to call upon the accused to anbwcr theaccufa^ion and to put him on his trial, and you therefore hear evidence only in support of the charge and not in rxculpation of the accused. It is not the province of grand jurors to ^uc whether there is any kgaldi fence to benipde to an accuhLtion ; and really, if you heard evidence for the defence and, notwithstanding such exculpatory evidence, you decided to put an accused person on his trial, you wou'd raise a presumption of guilt which might bias the minds and affect the impartiahty of the petit jurors who would afttrwaids be called upon to try him. However, if you fchould be uuab'e from the evidence adduced to eati^fy yourselves fufficitntly to arrive at a decision, and you should have reas-on to know that there is other evidence within your reach which would qualify or explain away the chaige under iDvest]gation,you have the right, and in fact it would be your duty, to seek the authorization of the prc^idiLg judge for the production of such other evidecce. If after due deliberation twelve of your body are of opi- nion that the evidence submitted is sufficient, and they are satisfied as to the truth of an uccui^ation, you will find the bill, and your foreman will endorse it with the words ** A True Bill '* and sign his name under those words, adding under his signature the word ** Foreman," • to describe his office. If, however, on the contraiy, you think that an accusation is groi'tidlc^s, or cither frivolous or malicious, and a majority of you agree to rejoct the bill, your fore- man will endorse it with the words " No Bill " and then sign his name and write after his signature the title of his office as in the other case. When you have disposed of a bill, you will bring it into court and here deliver it to the clerk of the Crown who in your presence, in open court, will announce your finding. — 4 — When a bill has been rejected or ignored, acother bill against the same person , for the same offence, cannot be found at the same term by the grand jury ; but fresh bills may be preferred to the grand jury at a subsequent term. Although ordinarily a prosecution originates by a bill of indictment preferred in the name of the sovereign, still, when to your own knowledge a crime or an offence has been committed, you may and in fact you are bound to take notice of it without any bill of indictment being laid before you. This knowledge must be derived from your own observation or incidentally from testimony given be- fore you, as for instance while inquiring into another of- fence. In such ea^es you proceed by presentment, that is to say, by a report to the court of the case, setting forth the facts and circumstances constituting the crime or offence and charging the offender with its commission. Like an indictment, a presentment must be concurred in by twelve at least of the grand jury. On such a presentment being made the officers prosecuting on behalf of the Crown frame an indictment on it, and the person accused is then arraigned and put on his trial. The calendar or list of cases for the present term, which the clerk of the Crown has transmitted to me, is very light, and although some of the offences are serious ones, none of them call for any special notice on my part or require me to give you any particular instructions. You have the right, at all reasonable times during the discharge of your duties, to apply to the court for advice; and should any occasion arise during vrhich you may require advice you will find me ready to assiot you. Of course such advice must be restricted to matters of law. You have to take the law from the court and you must be guided in all questions relating thereto by the court, but the court can and should neither direct nor control you in weighing the evidence or in deciding whether or not the facts as shown by the evidence are i^ufficient to autho- — 5 — rize you to find a bill. You may also apply to the clerk of the CrowD and to the officers prosecutiog on behilf of the Crown for advice on questions of law or of procedure which may arise during your procecdiD^b. It is the province of t tie court to see that you perform your duty and exercise your powers in a legal mauner and to direct you to that end, Itut the court neither keeps your conEcience nor should cootrol you in finding facts, or exercise any influence for that purpose. The ciilendar ^speaks well for the general gord behaviour of the inhabitants of thi.'^ district during the past half year, and I am happy to be able to congratulate you upon the state of the district generally. The oath which you hare just taken will have strongly impressed upon you, too, amongst other obligations which lio upon you as grand jurors : — one, to preserve inviolate the secrets of the grand jury room, and th6 other, to act in the fulfilment of your duties without envy, hatred or malice, and without fear, favor or affection or hope ot re- ward. The interests of justice do not require that it should be disclosed what particular jurors concurred in or opposed the findings of an indictmeni, while the feeling that every- thingr which takes place in the grand jury room is under the obligation of secrrcy muj-t produce a sense of security and an independence of action on the part of the jurors which might otherwise be wanting. But the interests of justice and good conscience require that every action and every d(cision of the grand jury should be produced by the dictates of duty, a strict discrimination between right and wrong, and the exercise of impartiality. And in this connection there is one thing which I feel it my duty to impress upon you, — it is to ignore all party division, to suppress all political feeling or bias, and in acting on bil's laid before you to close your eyes as regards the indivi- duality of persons and to scrutinize only their acts. You must not allow yourselves to be approached on any matter — 6 — coDDCcfed willi your duties- by ary outside party. Such cooduct Tvould in fact conj-titutc a <;rave offence v»hich tlie court would liavG to notice and puni.-h if brought to its knowledge. AnothcT duty you will be called on to fulfil will be to visit the cornmon jai' of the district and the court houbo and other pub'ic buildiuj^s, iind to report on thiir condition. If you hhould find in ihc jsil any prisoner who is tot ser- v'lnn out a ttrm of punishment, and against whom co action has? been taken, you should draw the attention of the court to his case, so that the court may deal with it as may be proper. Should it come to your knowledge that any public ofl5cer in the district wilfully and corruptly misconducts himself in the execution of his official duties, it will be your duty to mention the fact in your presentment, so as to draw the attintion of the authorities to the matter. The state of all municipal roads, and the proper work- ing of the municipal and common school systems in the district also come un'ier the ^eope of your observation, and for the general good are all fit subjects for comment and suggestion in your presentment. I have heard many complaints respecting the office provided by the corporation of the county of Ottawa for the county registry office, and I think it right to direct your attention to this matter. It must not be overlooked that the titles of the freeholders of the county and other important interests may be seriously imperilled by the condition of the registry cffice, and that matter is therefore one which in the public interest thould be inquired ioto and brought under the notice, if necessary, of the proper authorities' While on the subject of the public buildings, I take the opportunity to express my satisfaction at the improvments which the city council of Hull have made in the rooms appropriated for the circuit court held in their city. — 7 — In concluding Ut me tell you that in order to allow you to difcliargrc your duties in a frarlcs*^ inanccr you are en- tirely irrcFponaiblc for your acts as grand jurorH and that DO action or prosecution can hi taken against any of you for any of your official acts or for any of your findings ; and Itt mp also remind you that the obligation of secrecy will preserve yo^i from all obloquy or reproach when you mingle again with your fellow citizens. Vou will now retire to your room and attend to the duties of your office. 0), ,(-: T^-'-^^^^ Commercial Printing House, 1488 Notre Dame St., montreal. I I ! I