in practices
subversive of public peace, but which individuals are disinclined to
prosecute, such as gambling. Incidentally the grand jury examines into the
condition of the county jail and poor-house.

The mode of selecting grand jurors is in general the same in all the
states. The steps are three: first, the careful preparation of a list of
persons in the county qualified to serve; second, the selection, by lot,
from this list of the number of persons needed; third, the summoning of
the persons so chosen. The number of persons in the first list is from two
to three times the number of jurors. The preparation of the list is in
some states entrusted to the county board; in others, to jury
commissioners; in others, to the local boards. The names are reported to
the clerk of the court, who in the presence of witnesses, makes the
selection by lot. The summoning is done by the sheriff.

On the first day of the term, the court appoints one of the jurors
foreman. The jury is then sworn, and, after being charged by the court,
retires to a private room and proceeds to the performance of its duty.

The deliberations of the grand jury are conducted in secret. It may,
however, summon and examine witnesses, [Footnote: Witnesses for the
accused are not usually examined by the grand jury.] and may have the
advice of the court or of the county attorney.

The fact that a crime has been committed within the county may be brought
to the notice of the grand jury by any member thereof or by any other
person. If upon examination there seems to be reason for believing that it
was committed by the person accused, the county attorney is called upon to
frame a formal accusation against him, called an _indictment_, which is
endorsed with the words "a true bill," and sent to the court. Upon the
indictment the person accused is arrested and tried.

If the evidence against the accused is insufficient to warrant indictment,
but yet his innocence is questionable, the grand jury may bring a
_presentment_ against him. This is an informal statement in writing
addressed to the court setting forth the offense and stating that there is
a reasonable probability that a certain person, named, has committed it. A
person arrested on a presentment is examined before a justice of the peace
or other magistrate, as if arrested on a complaint. Neither an indictment
nor a presentment can issue except upon concurrence of the number of grand
jurors specified by sta