Page:United States Statutes at Large Volume 30.djvu/1358

 •1320 FIFTY-FIFTH oonennss. snss. 111. ou. 429. 1899. Fifth. Give any explanation you may think proper of the circumstances appearing in the testimony against you, and state any facts which you think will tend to your exculpation. Same ¤¤bJe¤t- Sec. 310. That the answer of the defendant to each of the questions must be read to him as it is taken down. He may thereupon correct or add to his answer until it is made conformable to what he declares to be the truth. vga: 1‘¤g¤h¤¤d ty Sec. 311. That the statement of the defendant must be reduced mutated}. W °° writing by the magistrate or under his direction, and authenticated in the following form: First. It must set forth that the defendant was informed of his rights as provided in section three hundred and seven, of this Title and that after being so informed he made the statement. Second. It need not contain the questions put to the defendant, but must contain his answers thereto, with the corrections and additions, if any are made. Third. It may be signed by the defendant, but if he refuse to sign it, his reason therefor must be stated as he gives it. Fourth. It must be signed and certified to by the magistrate. _S¢•¤:;m¤nut:é¤¤f•¤d— Sec. 312. That the statement of the defendant is competent testimony Y" "°* to be laid before the grand jury, and may be given in evidence against the defendant on the trial. D¤¤¤;i:¤’¤ vw Sec. 313. That after the waiver of the defendant to make a statewm. ‘ ment, or after he has made it, his witnesses, if he produce any, must ` be sworn and examined. c,u*f,:¢*'q¤’•,*• ¤·•¥ •¤· Sec. 314. That the magistrate may exclude the witnesses who have ' not been examined during the examination of the defendant, or during the examination of the witnesses for the United States or the defendant. T¤¤¤:;•gy {fume Sec. 315. That the testimony of the witnesses need not be reduced. §°,§,'§',,  '° to writing, except as provided in section two hundred and seventy- three, of this Title but the magistrate must make a memorandum of the name of each witness, his place of residence, and business or occupation m:;:~,·}j_¤z¤ ig, tg- Sec. 316. That the magistrate must keep the statement and deposiwhomyispdv °° y tions taken on the information, the statement of the defendant, if any, together with the memorandum specified in sections three hundred and eight and three hundred and fifteen, of this Title until they are returned to the proper court, and must not permit them to be inspected by any person except the district attorney, or the attorney who acts for him, and the defendant and his counsel. t,,;i*,,*:@°:u°:,L*:;;“· Sec. 317. That a violation of the last section is punishable as a con- ’tempt by the court having jurisdiction of the crime charged against the I degendagilté Th ¤***"¤*¤* my ·>€¤j E0. . at the informant may employ counsel to appear a ainst {gid ;€€i.`:$$»b$ {IJ;. the defendant on the examination in every stage of the proceedings; and control and conduct the prosecution. mQ•h§:*_§~h"';:d°¤ Sec. 319. That after hearing the proofs and the statement of the ' defendant, if he have made one, if it appear either that a crime has not been committed or that there is no sufficient cause to believe the defendant guilty thereof, the magistrate must order the defendant to be discharged, by an indorsement on the warrant signed by him, to the following elfect: “'1‘here being no sufficient cause shown to believe the within-named A B guilty of the crime within mentioned, I order him to be discharged! S¤·¤¤¤¤¤¤>5¤¤¢- Sec. 320. That if the arrest have been made without warrant, the discharge may be made by a certificate in writing, signed by the magistrate, to the following effect: “There being no sufficient cause shown to believe A B, brought before me without warrant, guilty of the crime of (designating it generally), I order him to be discharged. “This certificate must be delivered to the defendant. mD<>f¤¤d=e:¤tj,d¤$h¤¤dr¤ Sec. 321. That if, however, it appear from the examination that 8 f,,, .‘§,‘Z;3‘$§,,,..,,;,,°’ " crime has been committed, and that there is sufficient cause to beliovb
 * ’°‘P’°°°°‘“°¢°· but the district attorney, either in person or by some attorney authorized to act for him, is entitled to appear on behalf of the United States