Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1857-04-03
GRAND Jgnx OF sANpgsxx COUNTY


were empannelled as Grand Jurors: Ezra
Stoner H. B. Hineline, Phillip Stahl, James
Rosenberger Stephen Brown, Enoch Beebe
John Younkman, Isaac Trask, Simon
Brough, Jonas Kiel, s. E. Walters, Michael
Huffman, Peter Gilbert, Nathan Crandall
and James Lemon. Ezra Stoner was chos-
en- Foreman, and he then took upon him
self this oath
"Saving yourself and fellow jurors, you,
as foreman of this grand inquest shall dill
gently inquire, and true presentment make,
Of all such matters and things as shall be
given you in charge, or otherwise come to
your knowledge, touching the present SER
vice. The counsel of the State, your own
and your fellows you shall keep secret un-
less called upon in court of justice to make
disclosures. You shall present no person
through malice, hatred, or i'll will; nor shall
you leave any person unpresented through
fear favor, or affection, or for any reward
or hope thereof; but in all your present
ments, you shall present the truth, the
whole truth, and nothing but the truth, ac-
cording to the best of your skill and under
standing"
After which the following oath was ad-
ministered to the other grand jurors:
"The same oath which A. B., your fore
man, hath now taken before you, on his part,
you and each ofyou shall truly observe and
keep, on your respective parts"
From the above we sec that these citizens
of Sandusky county, on their oaths were to
diligently inquire, and true presentment
make of all such matters as should be given
them in charge, or that otherwise came to
their knowledge touching tho present ser
vice." And that they should not "leavo
any person unpresented, through fear, favor
or affection" How did they do? We
shall try and show.
The liquor law was presented to them by
the Prosecuting Attorney, thoy were told
that complaints had been made, that the
provisions of this law had been, and were
daily being violated by a score or moro of
persons in Fremont, and that witnesses were
in attendance ready to testify before them.
The provisions to which we wish to call
particular attention are the first three sec
tions of the "Act to provide against the
evils resulting from the sale of intoxicating
liquors in the State of Ohio, passed May
l, 1854" which read as follows:
Sec. l. Be 1t enacted By the General
assembly of the State of Ohio, That it
shall be unlawful for any person or persons,
by agent or otherwise, to sell, in any guam
tity, intoxicating liquors, to be drank in, up
on, or about the building, or premises where
sold, or to sell such intoxicating liquors, to
be drank in any adjoining room, building
or premises, or other place of public resort
connected with said building.
Sec. 2. That it shall be unlawful for
any person or persons, by agent or other
wise, to sell intoxicating liquors to minors,
unless upon the written order of their pa
rents, guardians, or family physician.
IOec. D. L udI III SIldll pc unldWlul lor
any person or perrons, by agent or other
wise, to sell intoxicating liquors, to persons
intoxicated, or who are in the habit of get
ting intoxicated.
Witnesses were called and examined to
the number of twenty or thirty, while some
fifty or sixty were in readiness. A great
mass of testimony had been elected,
..'enough," said one of the jurors, "to convict
every grocer in Fremont" Some of them
began to fear as did certain ones of old, say
ing, "Sirs, ye know by this craft VIC have
our wealth." and we will not investigate the
matter farther-the law is unconstitutional
and we will pay no heed to it. The dis
cussion become warm and loud, so that out
siders could plainly hear what was transpir-
ing inside of the Grand Jury-room. A vote
was taken which stood eight, liquor; seven,
anti-liquor.
Notwithstanding the solemn oath they
had taken; the plainness and simplicity of
the law; the positive testimony, "enough to
convict every grocer IN Fremont" some one
or more of these eight declared 'they would
stay there and rot, before they would find
an Indictment" What a mockery of law
and Justice What an insult to the Court,
the Prosecuting Attorney, and, especially
the people, who were asking for protection
from this monster yicc-intcmperance =
Lightly indeed must their solemn oath have
rested upon them. We wish we knew how
this vote stood, that we might put them on
record by yea and nay, that the people Of
Sandusky county might know them, and
what they should naturally expect from
them in future. To us it is plain that these
eight men failed in performing their
duty, and kept not their oath. How fall
lacious the judgment they pronounced, that
the Liquor Law was unconstitutional. We
find in the eighteenth section of the sched
ule of the Constitution of Ohio, that 'thc
General Assembly may, by law, provide
against evils resulting" from the sale of in
toxicating liquors. The Supreme Court o
tho State Of Ohio hos docidad tho law con