may have come to his knowledge in any manner; to have present or forthcoming, if possible, such testimony as may be required to establish a prima facie case, and to advise and assist the grand jury, on part of the Nation, in the prosecution of new inquiries, in the production of evidence of offenses, and in the framing of indictments for the trial of the same when sufficient evidence has been produced.

SEC. 68. No indictment shall be found by the grand jury against any person suspected, unless from the evidence before them the grand jury shall believe upon their oaths that the accused is guilty of the charge preferred, and unless the evidence produced is, in their opinion, sufficient, if not contradicted or explained, to induce and justify a conviction of the offense when tried by an impartial jury.

SEC. 69. The grand jury shall appoint one of their number clerk, who shall record their proeeedings in general, and keep a record of all witnesses sworn and examined by them, and report their names and time of service to the district clerk, who shall issue certificates accordingly.

SEC. 70. All persons desirous of informing of, or prosecuting any offense, shall, in the intervals between the regular terms of holding courts, communicate to the solicitor of the district information of the facts connected with such case. And the solicitor shall inquire into. the accusation or case, with due diligence and care, to ascertain the probable truth of the same. Should the solicitor, after inquiry, have good cause to believe that

an offense has been committed, which a disclosure of the evidence available, shall enable him to prosecute, he shall cause the witness to be summoned to appear before the next grand jury; and in all cases he shall report the accusation or information presented to him, from any source, with his views thereon, to the grand jury, with the probable degree, and amount of evidence in regard thereto, for their action; provided, that proceedings shall not have been instituted according to law by the solicitor previous to the session of the grand jury.

SEC. 71. No solicitor shall disclose to any person, except members of the grand jury, any information that may come to his knowledge through operation of the preceding section, nor shall any grand juror or officer of the court disclose any matters pertaining to the actions or proceedings of the grand jury, nor that any indictment for felony has been found against any person, not in custody or under recognizance, otherwise than by issuing or executing process on such indictment, until such person shall be arrested.

SEC. 72. No grand juror or solicitor shall state or give information, at any time, of the matter sworn or testified to by any witness who may be brought before any grand jury, nor shall he state or testify in what manner he or any other member of the jury voted on any question, or what opinion was expressed by any juror in relation to such question. And in charging the grand jury, the court shall remind them of the provisions of this and preceding sections.

SEC. 73.

Witnesses shall be summoned to appear

before the grand jury, by subpoena issued by the district clerk upon application of the solicitor or the foreman of the grand jury, and served and returned by the sheriff.

SEC. 74. Indictments shall be issued substantially in the form following, to-wit:

CHEROKEE NATION,

-District.

"We, the grand jury of district, after carefully and impartially, and while under our several oaths, having considered certain testimony of sworn witnesses, do hereby charge one-with a criminal violation of the law of the Cherokee Nation, found in section- chapter, or in "an act entitled an act [state title of act], to-wit: That the said [name of accused], did on or about the [state time as near as may be], and at or about the [state place of crime], commit the crime of [state the nature of the offense and describe the act charged], which act so committed was against the peace and dignity of the Cherokee Nation."

Date.
Signed,

Foreman of grand jury,

district.

SEC. 75. No grand juror, clerk, sheriff,

or any

other person to whom information shall come in the course of the performance of their duties of the finding of an indictment by the grand jury or solicitor, shall, before the arrest of the person charged, unnecessarily utter, convey, or by any means disclose such information to any other person; and any person, so doing, shall be subject to be reported to the judge of the court before which the indictment is to be tried, and, if found guilty, summarily, fined for contempt, not exceeding fifty dollars.

SEC. 76. The indictments, found by the grand jury, shall, at the adjournment of each session, be placed by the foreman in the hands of the district clerk, who shall issue warrants of arrest accordingly, and place the same in the hands of the sheriff of the district for service. The trial of any accused person shall proceed upon the original indictment found; but, in all cases after arrest, the accused shall be furnished by the clerk with a copy of the indictment, upon his application to the clerk for the same.

SEC. 77. Whenever information of the commission of any felony within his district shall come to the knowledge of any solicitor at any time between the sessions of the grand jury, and the due execution of the law shall, in his opinion, make it unsafe to wait for their action, but shall require an immediate investigation of the facts of the case, with the view to prevent the escape from justice of any person or persons already arrested, or strongly suspected; or to ascertain and fix the crime upon the guilty party; he shall be required to obtain from the district clerk subpoenas commanding the sheriff to summon such witnesses, whose testimony the said solicitor shall, after due inquiry, or from reliable information, judge to be necessary to a full and fair investigation of the matter, to appear before such clerk at some convenient time and place to be examined. The clerk shall preside over such examination, and shall reduce the material portion of the testimony of all the witnesses examined, to writing. After the examination of the witnesses that may be present, the clerk

may, upon satisfactory showing by the solicitor that any material witness already summoned has refused to attend, or that material and available testimony has come to his knowledge too late to be obtained at that time, adjourn further examination of the matter to some reasonable time; and, if the adjournment shall be applied for to obtain the testimony of any witness already summoned to appear, he shall issue a compulsory process, requiring the attendance of such witness. Any person, under arrest upon suspicion or charge of having committed the crime under investigation, shall be duly notified by the sheriff, or other officer having him in charge of the pending of such examination, and subpoenas for witnesses shall be issued at the instance of such person; but no adjournment shall be granted upon his application, except by consent of the solicitor. The object and purpose of the preliminary examination herein provided for, shall be to ascertain whether a crime has been committed, and if so, by whom; and and the solicitor shall conduct it without special desire or endeavor to fasten the guilt upon any particular person, further than the facts discovered or obtainable shall warrant.

SEC. 78. After the preliminary examination above provided for shall have closed, the clerk may, upon motion of the solicitor, discharge from custody any one already arrested upon charge of the crime investigated, should no sufficient proof appear to the solicitor to warrant a conviction upon trial; or should such sufficient proof appear against the prisoner, or against