Winnipeg Free Press

Winnipeg Free Press (Newspaper) - October 12, 1875, Winnipeg, Manitoba City and provincial a Sims. Of wench. Monday oct. 11. Court of Queen s Bench opened to Day their lordships chief Justice Wood and judge Mckeagney on the Bench. Before calling Tho grand jury Edward Howard who was committed for trial last Friday at Tho City police stealing a horse from Hugh 0 Donnol elected to be tried without a jury was arraigned pleaded guilty and was sentenced to two years in Penitentiary. Tho grand jury was called and is constituted As follows goo Fulton John Scott j m Smith r Patterson Jno Moore Alex Mcbeath James Cunningham Lyster Hay word Thos Scott jag Hargrave George Ross e Perry built l St Germain Louis Sant Bercier j b Lavio Letlo p Youchor f Leport n c Mouard j Ham Clin Onisimo Monchamp was excused on account of illness Daniel Clia Retle be cause a Lvov was indicting for attempt ing to shoot his brother and Elio Gen ton because his brother was concerned in the same Case Tho grand jury retired and after a prolonged absence reported that they had chosen capt Scott As Foreman after which they wore sworn in and Tho Fol lowing charge was delivered by his lordship chief Justice Wood the Laws of England May to divided into two Groat which relate to property and civil rights and those which relate to offences coming within Tho category of felonies and misdemeanours. Both Spring from the supremo Power in the state. Tho former command what is right and forbid what is wrong. Therefore a knowledge of what according to Law is right and of we fat is wrong cannot to exceeded in importance by any other human acquisition or attainment j for in Ivory Uvo Pursuit or situation in a civilised state the conduct of All must be regulated according to Taw. Rights May to considered in two appertaining to Tho person which May to called personal rights and rights appertaining to external things or objects which May to called rights of immunity from Corporal injury and from restraint of Liberty is an illustration of Tho one As Tho Protection and Security in Tho Possession of lands and other of Tho other. Wrongs Aro to to contemplated from two stand Points and May to regarded As private wrongs or Public wrongs. In the Jor Mer class May to comprised All such acts As Mark Tho infringement or Priva Tion of the private or civil rights belong ing to As individuals and in Tho latter a breach or violation of Public rights or duties which affect the whole Community considered As a Community and Aro distinguished from the former by the harsher appellations of crimes felonies and misdemeanours. But this classification is Moro fanciful than real for an offence against any single individual is a violation of a pub Lic duty an l a crime against the whole Commonwealth. It May therefore Moro properly to said that Tho infringement or violation of a private right May to and most generally is a Public wrong. However it is not apropos on Tho pres ent occasion that i should line of thought further. Pursue this purpose is line of thought further. Purpose is to make a few observations in respect oi1 what Aro generally termed and unreasonable harshness with which in the common Law in Tho Early Days of her judicial history it was to some extent disfigured. It has by successive legislation at Lask settled Down on principles that Aro permanent uniform and Universal and in All its parts it is Conformable to Tho dictates of truth and Justice and to the feelings of immunity and Tho indelible rights of crimes Aro accurately defined penalties Aro limited within fixed boundaries accusations and preliminary examinations As a Rule Are Public in till Tho different stops the accused May have the advantage of counsel the Evi Dence against him must to Given in Hie presence and to May sift Tho testimony by Tho most searching Cross Examina Tion to May at any stage of the proceedings produce and have examined in Bis defence any and All witnesses at least twelve of his neighbors and fellow subjects must before Hocin to put upon his trial say upon their oath that Tho sworn testimony of Tho witnesses produced before Thorn on behalf of Tho Crown satisfied them not that there is a suspicion of guilt or ground for further investigation but that heis guilty and lastly his trial is in Tho face of the world and Tho final judges of his guilt or inno Cence Aro twelve of his Peers against each of whom he can Advance nothing and the punishment except in cases of capital felonies is within definite limitations left in Tho discretion of Tho judge to to exorcised in View of Tho Char Acter of the offender and Tho facts and circumstances surrounding Tho commis Sion of the offence As disclosed in open court under the Sanction of oath and to to pronounced before Tho face of All men. As you gentlemen will have observed in Tho remarks i have made Tho grand jury forms an important function in the machinery of the administration of Tho criminal Law. Tho origin of the grand jury system is found in the Early history of English criminal jurisprudence and through All Tho changes of dynasty and revolution it has not Only maintained it self in its full strength at but its roots striking Down deep into the boil of Tho Little and extending underneath oceans it has sprung up on islands in Distant Soas and on far away continents with a vigor equal to that of Tho Parent Plant. Tho i and jury has always consisted of a body of men selected from gentlemen of Tho first figure in the country to perform As t have Al ready intimated a most important function in the administration of criminal Justice. Its Paramount duty is to pro oct the Irino coot from to bring Tho guilty to trial. Strictly spank has no political nor any other civil Power and As a Rule it should confine its deliberations to infractions of the Law and to the identity of Tho persons who have committed those in fractions. At the same time i cannot say it is altogether beyond Tho sphere of duties which a grand jury May As sume especially in Tho formative state in which society finds itself in its far away isolated and exceptional Posi Tion in this Youthful province to Call at petition to any facts of circumstances which tend to Tho commission of the prevention of crime or admittedly re Tard the advancement of the country materially socially or morally and Sug Gest such remedies As in its judgment would remove Tho grievances pointed out. It is also within Tho Lino of duty of a grand jury to visit and inspect the common gaol of Tho province and any institution maintained at the Public sex Penso in which persons Aro con lined and make such observations and report upon their condition and management wrongs or felonies and a.-, to the grand jury May seem advis d Ita widest crime used in its technical Legal acceptation involves in examination and discussion of Tho entire criminal code of our country or As it in sometimes denominated with us thu Wlizlo of Tho Picas of the but a i i have said the principal business of the grand jury is to dual with indictable offences. In doing Thih Tho Crown prosecutor will place before it indictments charging specific o lion cos certain persons with Legal cer Crown. In whom centres Dainty. On Tho Back of Crich edit Csc Tho majesty and sovereignty of All Tho i composing Tho Empire is sup posed by the Law to to Tho person injured by Ivory infraction of Tho Public rights of those communities or of any member thereof provided it to a or m i so o moan or and is therefore in All vases Tho proper prosecutor for every Public Affonco. Therefore As has Beer aptly said Tho knowledge of this Branch of jurisprudence which teaches the degrees of every crime and adjusts to it its adequate and necessary penalty is of Tho utmost importance to every individual in the state. For As a Vecty great master of the Crown liw has observed on m similar occasion no rank or Al ovation in uprightness of heart no prudence or circumspection of Eon ment will be found Tho names of Tho witnesses by whom it is sought to bring Home the charge made in Tho indict ment. These witnesses will to sworn by Tho Foreman and their statements on oath will to Beard. It is not usual to Hoar any witness except those Whoso names Aro placed on Tho Back of Tho indictment. After All Tho Ovi Ducois heard it will then to for the jury to say 1 whether or not Tho offence stated in the indictment has been committed 2 and if committed whether or not it was committed by the person charged with it in the indictment. Each of these questions May be debated and should be decided separately and Tho jury with the As sent of twelve of its members May Muko any amendments or alterations in the indictment either in Tho duct should tempt it Man to conclude Ion of Tho offence according to the View that he nor it one time or other it May take of the testimony and Llic i l i _ i i Tho Tho same into court. As a general Rule Only the evidence for the prosecution is Laid before or is to be considered by the jury. But Tho jury must recollect that while the strongest obligation rests upon it to assist in bringing to trial the guilty it a also is shield and a Protection to Tho innocent. The Crown is therefore bound to Deal fairly by the jury and if it asks to have a True Hill found to place before Tho jury such testimony As would standing alone and and unexplained justify the jury if it Woro trying the Case in pronouncing Tho accused guilty where the entire proceeding is to Sparte and the whole evidence the Crown is heard with no Opportunity of explanation or defence nothing Short of this can justify a return of a Truo Bill. If the jury require it they May in any chs ask instructions from or take the opinion of the court but in All such cases it wore better that All Tho jury should to present and whatever takes place in this respect should transpire in open court. The Crown prosecutor May Leo lend any needed and proper Assis Tance to the jury. But All his communications to and Intercourse with Tho jury in respect of Tho Law or Tho facts before the jury should to made and had in the presence and before Tho face of the whole jury. Tho jury Aro sworn not to divulge what transpires in the jury room. I Nood not remind Tho members of the jury that in this respect their oath and Public to icy Unicio in enjoining upon them silence and upon their proceedings Tho Seal of secrecy. J am Happy to inform you that Tho criminal Calendar for Tho pro sent assizes contains no offences committed within Manitoba. Woro this province alone concerned i should at onto dismiss you and the Petit jury to you Homos inasmuch As there would to nothing for either of you to do for All the issues of fact in Tho cases in Tho civil Calendar although numerous will to tried by a judge without Tho intervention of a jury and after both juries have been discharged. Four cases appear on the Calendar for offences committed in Tho North West territory and beyond the Bounds of Tho province but Over which by statute this court hns jurisdiction. 1 am sorry to Havo to say All those cases Aro for murder. James Hughes Philander Vogel and Georgo m Bell stand charged with the murder of several Indian men women and children at Cypress Hills in Tho North West territory in the month of May 1873. To All recollect Che shudder of horror with which Short Leaf Tor Tho bloody tragedy to received Tho intelligence of Tho Wanton and atrocious Slaughter by a Lawless band of Whitla. Chiefly from fort a Ontott of the Assiniboine Indi ans peacefully encamped at Cypress Hills having Given no cause of Ott once and All unsuspecting any attack and whose first intimation of danger was Tho Sharp rattle of Tho deadly repeating Rifle from a treacherous and concealed f of. It was stated that Somo forty or More were shot Down in cold blood. Indictments for complicity in this Mur Der will to Laid before you against the three persons whom i Havo named and who Havo been brought upwards of a thousand Miles across Tho Plains and lodged in Tho Winnipeg goal. The other Case is that of Angus Mulivor. To is charged with two capital offences one for the murder of one Atkinson by Hin in the head with a pistol a tis. Be deeply interested in these re searches. Tho infirmities of i Best the vices and of others the instability All human affairs and Tho Liss unforeseen events which the Compass i Moro jurors a True Bill a Day May bring Forth will teach j found and the Foreman us. Upon moment s reflection that to know with precision what the hubs j words True Bill of our country Havo forbidden and Tho Flop Lomblo consequences to which a wilful disobedience expose us is a matter of Universal Tho criminal jurisprudence of England j Tho Ifil Irmatine but answer has with the advancement of Tho civil-1 or in Tho negative then us or in the name or description of the Ocondor if any one else should be shown to have committed the Olla no. If both the questions i have stated be found in the by twelve or Aid to be will write on the Back of the indictment the and Hon his name underneath adding and so return it into court but if twelve at least of Tho jury do not concur in an swering both of the questions in Wilh no i ution of Echo nation and with Tho pro-1 Bill is found and the Foreman should endorse on Tho Back of Tho indictment Tho words Jato and under these write his name adding the word fore most if not of that undue be Voity Man and As already directed return Gross of christianity and the consequent development of Tho sentiment of human Ity among its people been divested of and the other with shooting with in Leut to kill one Charette both offence cd having been committed during the month of september last not fur from fort to Ellico i the North West Lentory. These eases have the greater import Ance As Tho crimes involved were committed far away irom the abodes of civilization and where it might to sup posed the of British Justice would . It is at considerable disadvantage in Many Points of View that Tho persons charged u re it last brought before a court of Justice. Public his and order and the interests of Justice alike demand Deal firmly but cautiously in All Ayo must let it be known from Tho Rocky mountains to the boundaries of Quebec and Ontario that All arc under Tho Protection of and answerable to British Law. And that however far removed from settlement and however Remote from to habitation of Tho White Man Tho commission of crime May take place the Argus eyes of Justice will find it out and Tho Law will apprehend bring to trial and punish the offender. Tho chief Justice then went into a definition of the offence of murder and made some lengthy observations upon Tho treatment of the indians their present position and their probable ultimate Fate. He also to Forred to the fast that justices would hereafter Tutu an important portion. Of the ten ind jury. He referred to the Groat Sid Van Tage it would to to every Justice of the peace to be in Possession of he Crimi Nal statutes of the Dominion which Havo been lately published in one volume and which might without doubt if such had not already been done be obtained without any or with but a Small Cost to Supply every Justice of Tho peace in Tho province if these had not been procured the chief Justice suggested it would not be out of the Way for Tho july to Confer with the Provin Cial Secretary on Tho subject. A certificate was read signed by t. Lusted j. P betting Forth that Henry Lyon an alien had this Day taken the oath of allegiance and was entitled to All the rights prey logos and and immunities of a British subject. Court adjourned until tuesday at 9 . T ook Here Ity lost on and near Portage Avenue at to parties who a few lots apply to c Ity Public Nom i is hereby Kiven that inc collector s Roll of the City of Iii tic year 1675 in now mid to deposited in the office if the undue Igi ild at Tho Cor Ner of Notro Dino mid Uruu str on. All i Mou. Elioso mimes no pier therein in Imblon for Tho of no a Koki nent rate inv or duly Aro a Cruley Kok Salk. 500 cords delivered in. Live Cord loth awl upwards. Apply to 0 2-Ltil i t Jhm Iila Ujj jews paper i ;