GRAND JURY (ante), a body of men summoned by a sheriff whose function it is, upon such evidence as the attorney of the state may present, to determine whether per sons accused of crime, shall be indicted and tried therefor, and to inquire into such other matters as may be confided to them by the court, or come to their knowledge. They do not examine witnesses for the defense, for it is not their duty to find a verdict, but only to decide if there is prima facie evidence of guilt, such as to warrant a trial. In all essential particulars this institution in the United States is the same as it is in England, but upon minor points, there are in practice some differences. The number of men required to constitute a grand jury is not the same in every state, but varies from 12 to 23. The court may in its discretion select the foreman or allow the jurymen to do so. The foreman first, and then the other members of the jury, take the following oath: "You do swear (or affirm) that you will diligently inquire, and true presentinent make, of all such articles, matters and things as shall be given you in charge, or other wise come to your knowledge, touching the present service; the commonwealth's coun sel, your fellows, and your own, you shall keep secret; you shall present no one for envy, hatred, or malice; nor shall you leave any one, unpresented for fear, favor, affection, hope of reward or gain; but shall present all things truly, as they come to your knowl edge according to the best of your understanding." Having been sworn and received k
charge from the court explanatory of their duties, they retire to their room. The fore-. man presides, and it is usual to appoint one of the members as secretary, to keep a record for their own exclusive use. Bills of indictment against offenders are then laid before them by the state's attorney, and on the backs of • the same are written the names of the witnesses by whose testimony they are supported. The witnesses are exam ined under oath, and if their testimony is deemed sufficient in any case to establish a fair probability of guilt, the foreman writes on the back of the indictment, "A true bill," signs his name and affixes the date. If the evidence is not sufficient, he writes on the back of the indictment the words " Not a true bill," or other words meaning the same thing. To find a true bill 12 of the jury must concur. Witnesses misbehaving themselves must be reported to the which may commit them for contempt if the offense is sufficiently grave. The jury must attend until discharged by the court.