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Mr. JUSTICE WURTELE'S GhaFge to the Gmnd Jury, FRIDAY, ist JUNE, 1894- GKNTI.KMEN OF THE GRAND JURY : You have been sumnioiied here and have been sworn and impaneled principally for the purpose of examining the bills of indictment which the law officers of the Crown will lay before you against persons who are charged with having committed som- indictable offence, and of hearing the evidence on which the charge in each case is brought, to see if it sustains the accusation and justifies the placing of the accused person on trial. As a Grand Jury you are the medium of accusa- tion, and you perform the duty of accusers r^ behalf of the community. You are not to try a prisoner or an accused person ; you have only to see whether there is some foundation for each bill of indictment, whether there is enough of doubt - 2 - and suspicion to make it necessary to put the accused on his trial. Formerly any one, except in certain special cases, could prefer a bill of indictment before a Grand Jury, but now, under the rule of the Criminal Code, bills of indictment can only be laid before you when there has been a preliminary inquiry l^efore a justice of the peace, or when the preferring is authorized either by or on behalf of the attorney - general or by a judge of this court. Criminal procedure has been much simplified under the Criminal Code, and now a bill of indictment simply contains a statement in popular language of the offence which i*: alleged to have been committed by the accused person, with sufficient detail to identify the transaction or act referred to. You will hear witnesses for the prosecution only, and they must be sworn before their examination by your foreman, or by any member of the Grand Jury who during his absence may act on his behalf. The names of the witnesses are endorsed on the bills of indictment, and your foreman or his sub- stitute must write his initials against the name of each witness sworn and examined. The witnesses to be examined will be brought before you by the law officers of the Crown or by the clerk of the court or his deputies, and you must not examine any others except you obtain the written order to that effect of the presiding judge. When you come to a conclusion, after having heard the evidence, your foreman v^rill indorse on the bill of indictment the words ' ' a true bill ' ' and — 3 — will write his signature and the title of his office under them, in case the whole of you, or a majority of twelve at least, are satisfied that the case is sufficiently strong. In case you are not satisfied, the bill of indictment should be indorsed *' no bill " and be signed by your foreman as in the other instance. If you should throw out a bill of indictment, it cannot be preferred again during the present term, but it may be laid before the grand jury at a subse- quent term. The examination l^efore you of the witnesses is usually conducted l)y the law officers of the cnnvn or by the officers of the court, but, if you wish to do so, you may yourselves ask them questions or even conduct the examination. The law officers of the crown and the clerk of the crown and his deputies have the right to be present at your sittings, but they nuist withdraw when you deliberate and take a vote or come other- wise to a conclusion. The accused have no right to be present or to be represented. You are bound by your oath of office to keep secret what takes place during your sittings. If any person should attempt to influence any one of you in your conduct as a juryman, by any corrupt means or by threats, he would commit an indictable offence, and it would become your duty to bring the matter befor the court, in order that such action may be taken as the case may require. -_ 4 „ When you have agreed on your findings on any of the hills of indictment laid hefore you, you will hring such hills into court and your foreman will present them to the clerk of the crown, who wi!l then publicly and in your presence state to the court the nature of the charge and your finding in each case. The use of popular language and the absence of technical averments in bills of indictment have rendered them so comprehensible, that it is unne- cessary for me to give you any general direction as to the nature of the offences imputed to the persons against whom bills of indictment will be submitted to you. Should you, however, require any particular explanation or information in any case, you can apply to the presiding judge for it at any sitting of the court. jiesides the principal duty of deciding, on each of the accusations laid before you, whether there is or is not a case worthy of trial against the accused, it is also your function to examine the prisons, asylums, and provincial institutions and public offices in the district and to report on their condi- tion ; but, as the Grand Jury at the March term made a thorough investigation, it will not be neces- sary for you to do so now. If, however, you should see any reason to visit some of them, you have the right to do so and may consequently use your discretion in this matter. As justice is administered in the name of Her Majesty the Queen, it would be fitting, it seems to me, in completing the work of reconstruction of the 5 — Court House, to place the royal arms over the seats of the judges iu all the Courl rooms. Although the Graud Jury has been often com- plained of as a somewhat superfluous step in the prosecution of offences and as no longer required, I think that you will agree with me that it yet pro- vides an additional safeguard to the liberty of the subject and that it should not be abolished until some equally efficient safeguard has been devised. Within this week we have been called upon to mourn the death of the distinguished Chief Justice of the Superior Court, vSir Francis Godschall John- son. He was an able jurist and an eminent judge. His clear conception of the law and his perfect grasp of the facts of the cases submitted to him were shown in the terse but explicit enunciation of his judgments, and his diction, whether in English or in French, was the admiration of his hearers. For many years he conducted the criminal pro- secutions in this district wnth marked ability and learnings and he afterwards displayed his profound knowledge of the letter and of the spirit of English criminal law in his judicial career. In the other branches of our law, in commercial as in civil law, he was equally gifted. Judges like him are an honour to their country and a safeguard for the rights of the people. He lived and he died a thorough English gentleman. He died after an ill- ness of six months, but I may say in harness, at the ripe age of 78 years, honored by his sovereign and respected by the people as a learned, fearless and upright judge. I mourn a friend who was — n — always ready to aid me with his counsel and for whom I will ever retain an affectionate recollection, and the country loses a judge who w(niM have honoured the Heiich of any land. It is clue to him that, in this hall of justice in which his eloquent voice was so often heard, I should take this first oi)i)ortunity to render a tribute to his worth and to voice the public regret for the loss of a respected and great magistrate. You will now withdraw to your room and pro- ceed to the execution of your duties.