IMAGE EVALUATION TEST TARGET (MT-3) % 4l. 1.0 I.I 11.25 l^|Z8 |Z5 ■ 50 ^^" ^ 1^ ■ 2.2 H^ Ii2 12.0 I U IIIIII.6 y] /a »>• '/ Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 CIHM/ICMH Microfiche Series. CIHM/ICIVIH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques II 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 bibliographlcally unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. L'Institut a microfilm^ le meilleur exemplaire qu'il lui a 6X6 possible de se procurer. 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Un d9« symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole — ^ signifie "A SUIVRE", le symbols 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 film6s d des taux de reduction diffdrents. Lorsque le document est trop grand pour dtre reproduit en un seul clich6, il est filmd d partir de Tangle supirieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la mdthode. irrata to pelure, in ik n 32X 1 / ■ 2 3 i 2 3 4 5 6 Queen's Bench, Ayimer. Mr. Justice Wurtele's Shargetothe SraiidluF!], Monday^ Wth Jane^ 1888. Gentlemen of the Grand Jury : As grand jurors you have, in your turn, been sum- mooed aud sworn in to form the ** grand inquest " of this district for the present term of the court of Queen's Bench in the exercise of its criminal Jurisdiction. Your principal duty, as the body composing such grand inquest, is to take cognizanoe of all accusations which may be laid before you in the shape of blHs of indictment by the officers prosecuting on behalf of the crown, and satisfy yourselves from the evidence to be adduced before you that sufficient cause appears for calling upon the accused parties to answer the charges made against them, and also to pre- sent accusations yourselves to the court against culprits for cff.nces existirg within your own knowledge or within the knowledge of some of you. Accusations may also be brought by a private prosecutor, but the bills of indict- ment in such cases can only be laid before you on an order of tic court. You can therefore legit'mately act in this respect in tow ways : first, on accusations which are given to you in 9 the shape of bills of indictment preferred by the public prosecutor, or submitted by a private prosecutor under the express authorization of the court ; and secondly, on orimeF, misdemeanors or public evils requiring judicial notice, res- pecting which no bills of indictment are presented to you but which may come to your knowledge in the course of investigations had before you, or from your own observa- tion, or from the disclosures of fome of yourselves. When a grand jury finds a case which h^F been committed tc it, it acts on the bill of indictment preferred to it ; but when it acts on its own knowledge, it reports the facts to the court by a document which emanates from itself and is called a presentment, and on which the public prosecutor afterwards draws an indictment. The primary object of the institution of a grand jury is to provide a shield to those who may be unjustly accu- sed either by private malevolence or by p litical intrigue ; and the theory of its powers and functions is that no per- son can be publicly put on his trial for an infamous crime without it having been first ascertained if there be z. prima facie case against him, and that there is such e degree of evideooe as to his guilt as, unexplained, would be suffi- cient for a conviction. It is on account of this safeguard that this institution should be dear to us, and that it will always be upheld by the Parliament of our country. You have been summoned by the Sherifif under a pre- cept requiring him to return twentj-four persons from the body of grand jurors for the district ; but the number required to form the grand jury or grand inquest for the term must not be more than twenty-three nor less than twelve. In order to find an indietment, or make a pre- sentment, twelve at least of you must assent thereto, for it is a maxim of the Eoglish criminal law, as Blackstone says, that *^ eo man can be convicted at the suit of the ** King of any capital offence, unless by the unanimous *< voice of twenty-four of his equals and neighbours, that — 3 — " is, by twelve at least of tht; grand jury in the first place ** assenting to the accusation, and afterwards by the whole " petit jury, of twelve more, findinfj; him guilty." When a biU of indictaent has been laid before you, you will* proceed to examine the witnesses who are pro- duced to support the accusation and whose nemes are in- dorsed on the back of the bill ; and you must examine no other un'eps upon the written order of the presiding judge. The witnesses must be sworn either by your foreman or by any other of you acting on his behalf; and they may be examined either by the oflScer prosecuting on behalf of the crowD, or by the cleik of the crown or his deputy, or by your foreman or any of you, ns may seem fit to you. After the examination of each witness, your foreman, or any of you acting for him, must write his initials agaiost th'' name of such witness on the back of the bill. In making your investigations you must exclude mere report?, suspicions and hearsay evidence, and receive only legal evii'.ence; but you must receive all the evidence which may throw light upon each case submitted for your con- sideration, whether it tend to establish the innocence or the guilt, of the accused. As your investigation is only in the nature of an enquiry to ascertain whether there is sufficient ground to put the accused on his trial, only wit- nehses for the prosecution are produced before you ; but if in the course of your enquiry you i-hould have reason to believe that there are other witnesses whose evidence would qualify or explain away the charge under investi- gation, it will be your bounden duty to apply to the court for an order to cause them to appear before you and to authorize their examination. After hearing all the evidence submitted to you in each case, you will carefully consider and weigh the same and then conscientiously decide tue question whether or not you will find the bill. In proceeding with your examina- tion of the witnesses, you have the right to enquire into — 4 — ihcir credibility, and in considering their evidence you have it in your power to judge of such credibility. As I have already (tat(d, it will require twelve at least ff your number to arrive at a finding. If ycu agree to find a bill, your foreman will indorse it with the words ''A True Bill," and will sign his name snd add thereto his qualification of ** Foreman." If on the other hand you agree to reject a bill, it is indorsed in the same way, but with the words ** No Bill *' A presentment must also be signed by your foreman. It is your duty to act on every bill of indictment which is preferred to you, and either find a true bill or reject it. You cannot return a special finding and select a part of a bill as true and i eject the rest ; but when a bill of indict- ment contains several *' counts," or distinct accusations, you may find a true bill as to the charge in one count and ignore that in another ; and when in a bill there are several defends nts, you may find a true bill as to one defendant and not as to another. If you should ignore a bill, a fresh bill cannot be laid before you for the same offence ; but acother bill for the same offence may be preferred at a subf^equent term of this court, if fresh circumstances of suspicion should in the meantime arise. , , During the fzamination of witnesses the counsel pro- secuting on behalf of the crown and the officers of the court may be present, and, when so, usually examine the witnesses; but while in deliberation you should and must be alone, as this will conduce to a freer discussion and inteichiinge of opinion among yourselves. When you have disposed of ihebiL^ laii before you, you will bring them into court and deliver them to the Clerk of the Ciown, who thereupon, in your presence, will announce your findings in open court. You are required by your oath to keep yorr proceed- ings secret, and I trust that you will be careful to avoid — 5 — any breach of tliis obligation. The reason of this obliga- tion is to secure frredovD of deliberation and of opinion among you, ivhieh would be impaired if the part t«'ken by each might be made knovn. Bet-ides it is better that the responsibility of your findings (^hould rest with the imper- sonal entity of the body of the grand jury than with any particular members of the lK)dy ; it is therefore your com- mon interest to preserye the secret of your deliberations inviolate. It affords me ^reat pleasure to be able at this term, as at the previous ones over which I have presided, to con- gratulate the grand jury upon the general good behaviour of the inhabitants of this large and important district. I am glad to be able to inform you, judging from the return furnished me by the Clerk of the Crown, that your labours will be very short, as his return contains only five cases to be laid before you, — one for wounding, one for arson, one for burglary and two for the larceny of trees. These cases do not call for any special instructions on my part, but of in the course of your investigations you should find that you require information or directions on any point, you can come into court and lay the matter before m^, aud I will then give you the necessary instructions. Another duty which devolves upon you is to visit an^l eiamine the court house and common jail of the district and to report to the court, for the information of the pro- per authorities, the condition in which you may find them. It also falls within your functions to draw the atten- tion of the court to any dereliction of duty on the part of any public officer in the district and to any failure on the p^rt of the municipal and school corporations to fulfil the obligations towards the public which are imposed upon them by law. And, while on this topic, I am glad to be able to say that since the last term of this court the county council of the county of Ottawa has taken the necossary steps to provide a proper registry office and to — 6 — place the records cf that office in a state ofgecurity, and I take this opportunity to ccogratulatc the members of the coTTDcil OD its action in this respect. I wou!d also draw your atteotioD to the Dcglected condition of the streets and highways in many parts of the district, and I would earnestly suggeet the advisability of a stricter supervision 00 the part of the couocils and road inspectors of our various municipalities. The action of the provincial government in distributing; copies of the municipal code i:. all the local municipalities of the province will tend to facilitate the proper woiking of the municipal system ; and I venture to express the hope that when the acts respecting public instruction are comolidatcd the government may see proper to distribute the coDfolidated act in like manner amorg the school municipalities. Within the ht-i few days a great di^'aster has occurred in the city of Hull, which calls for our sympathy. A fire has destroyed the principal public buildings in the city, including the catholic chuich acd presbytery, the convert, and the city hall and county court house, and has ren- dered over one hundred families hcmelesp. The spread of the fire was most rapid, and this was due to the fact that almost all the dwdliigs and their dependencies were built of wood and that the water works, which the city cor- poration is now constructing, were not yet completed in the part in quesiion of the city. It is sincerely to be hoped that the city council will now see the necessity of proceeding with all speed in completing and also in in- creasing the capacity of the water works, and of adopting measures to prevent the erection in future of wooden build- in&:8 within the city limits. If the prohibition of wooden buildings may seem on the one hand a measure of hard- ship towards the poorer classes of citizens, it must not be forgotten on the other hand that the liberty to erect such buildings is a cause of danger fo the community at large ' — 7~ vo.^'f i!'" ""'^ /""'' *" y""' '''°'" ■""! P'-ooeed with constantly ,„ „„nd ,he obligation imposed upon yott by .'!■" "':'f""'' ""* P--'-P-oaforhardor i"al.c«, nor to leave any one unpresented for fear, favor or .fFectwn, or hope of reward, but in all things to pre- sent the truth nad nothiog but the truth to the bos? of your knowledge." Commercial Printing Mouse, 1488 Notre Dame St., montreal.