5. Twelve at least must concur in order to the finding of a true bill, or the bill must be ignored. 6 Cal. 214. When a defendant is to be put upon trial, the foreman must write on the back of the indictment, "A true bill,' sign his name as foreman, and date the time of finding. On the contrary, where there is not sufficient evidence to authorize the finding of the bill, the jury return that they are ig norant whether the person accused committed the offence charged in the bill, which is ex pressed by the foreman indorsing on the bill, Ignoramus," " Not a true bill," or similar words, signing his name as before, and dating the indorsement.
As to the witnesses, and the power of the over them. The jury are to examine all the witnesses in support of the bill, or enough of them to satisfy themselves of the propriety of putting the accused but none in favor of the accused. The jury are the sole judges of the credit and confidence to which a witness before them is entitled. It is decided that when a witness, duly summoned, ap pears before the grand jury, but refuses to be sworn, and behaves in a disrespectful manner towards the jury, they may lawfully require the officer in attendance upon them to take the witness before the court, in order to ob tain its aid and direction in the matter. 8 Cush. Mass. 338; 14 Ala. N. s. 450. Such a
refusal, it seems, is considered a contempt. 14 Ala. N. s. 450.
6. Of the secrecy to be observed. This ex tends to the vote given in any case, to the evidence delivered by witnesses, and to the communications of the jurors to each other : the disclosure of these facts, unless under the sanction of law, would render the imprudent juror who should make them public liable to punishment. Giving intelligence to a de fendant that a bill has been found against him, to enable him to escape, is so obviously wrong that no one can for a moment doubt its being criminal. The grand juror who should be guilty of this offence might, upon conviction, he fined and imprisoned. The duration of the secrecy depends upon the particular circumstances of each case. 20 Mo. 326. In a case, for example, where a witness swears to a fact in open court, on the trial, directly in opposition to what he swore before the grand jury, there can be no doubt that the injunction of secrecy, as far as re gards this evidence, would be at an end, and the grand juror might be sworn to testify what this witness swore to in the grand jury's room, in order that the witness might be pro secuted for perjury. 2 Russell, Crimes, 616; 4 Me. 439 : but see, contra, 2 Heist. N. J. 347 ; 1 Carr. & K. 519. See INDICTMENT ; PRE