“The grand jury is to investigate the cases of those who have been arrested and held under preliminary information on oath by private accusers; and it may also investigate cases of supposed crime of which it has knowledge or to which its attention may be called by the public prosecuting officer. Its proceedings are secret and its members are sworn not to subsequently divulge them.”—McClain’s _Constitutional Law_. 62 Constitution of the United States, Amendment V. “The rule of procedure generally recognized is that when an accused person has been put on trial under a valid indictment in a court having jurisdiction of the case, and a jury has been empaneled and sworn to try the case and give a verdict, and a verdict of _not guilty_ is given—the accused cannot be again put on trial for the same crime, or any included crime for which he might have been convicted in that prosecution.”—_Cyclopedia of American Government_, Vol. II, p. 251. “A verdict of not guilty is conclusive and the defendant must be discharged. If however he is convicted, he may in some instances appeal the case to a higher court for review and that is not being again put in jeopardy.”—Emlin McClain, quoted in the _Cyclopedia of American Government_, Vol II, p. 251. “Jeopardy is complete when the court proceeds with a jury to ascertain the defendant’s guilt.” “As the criminal jurisdiction of the Federal Court extends only to offenses against the Federal laws, and no prosecution for such offenses can be entertained in the state courts—it follows that there can be no questions of former jeopardy as between a federal and a state court.”—_Cyclopedia of American Government_, Vol II, p. 251. 63 Constitution of the United States, Amendment V. In our own early colonies persons were frequently tortured to compel them to give evidence against themselves or against other people, but at that time the colonies were still under British authority. An instance was recently reported of a man appearing before a sheriff and confessing to the commission of five different murders in as many different places in a western State. Upon investigation it was found that murders had been committed in these places about the time he confessed to having committed the crimes, so he was arrested and held by the sheriff. Upon further investigation it was discovered that he was mentally unbalanced and having read of all these crimes he imagined he had committed them. He was released from arrest and was committed to a hospital for the insane. In this instance an innocent man might have been executed if his own testimony had been sufficient to convict him.