Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1858-12-03
Cirtuit Court.
JUDGE BREWERS CHARGE


AT the opening of the present term
of the Circuit Court, his Honor, JUDGE
BREWER, delivered the following charge :
Gentlemen # the Grand Jury:
This Court has threc-fold jurisdic-
ton, to wit of Common Law, Equity
and Criminal Law. From the last of
these alone arises the necessity for your
Intervention You are required by the
law to examine into all cases of alleged
crime, and to make accusations against
all those who are charged with their
commission; in other words, to find pre-
sentiments against them, on sufficient
prima facie evidence of guilt. In the
execution of this duty you examine wit
ncssos on the part of the State alone,
and if you think that their testimony
establishes primo fdcie case of guilt,
you find the presentmcnt. A very bad
practice has erept into the grand jury
room, Of examining witnesses on part
of the accused, introduced by some man
agement of him or of his friends. This
is an improper proceeding The pre-
sentiment of the grand jury is a mere
accusation. The case is not to be tried
by the grand jury. but by the petit jury,
who examine witnesses both upon the
part Of the State and the accused, and
decide upon the truth of the charge. 49,
The principles by which you are to be
governed in the discharge Of your duty
are sufficiently detailed in the oath which
you have taken.
Many acts of Assembly provide that
they shall be given in charge to you by
the Court. A list of these has been
made out by the Court, with short refer
ences to the matters to which they relate.
This list will be sent to you by the Clerk
and though some of them have recently
been repealed-in whole or in part-it
will enable you in a great measure to
ascertain the degree of attention that
each may require; and if you need any
further information, not contained in that
list or in the present charge, or on any
other matter, it win be given you on ap-
plicaiion, by the States Attorney, whose
peculiar province it is, or by tho Court.
1t would consume too much time for
the Court to comment at large on all
these acts, nor is it considered essential
to DO SO. It will select such only as
seem to require special notice, and make
some few remarks on them, and vour
othor duties.
One of the most important of any class
Of laws is that requiring licenses to be
taken out before spirituous or fermented
liquors. or certain other articles, includ-
ing also every kind Of produce or manu-
facture, foreign or domestic, can be sold
whether we look to what seems to be
now the chief object Of those laws. viz :
the raising Of revenue, or their effects
on the moral habits of the community,
and a certain kind Of property.
Laws were passed on this subject at an
carly period of our history-very many
have been enacted, modified, and repeai-
cd, in whole or in part. The Act of 1927
ch. III, was then and for some time
after the principal one, and a part of il
is now in force. The last is the Act of
1858, oh. Al, which seems to have been
intended as a general license law, en-
bracing most Of the matters connected
with that subject. 1t repeals the Act of
1856, oh. 1858, which was also intended
as a very general law as well as all other
acts inconsistent with the provisions of
this law. It's title, different from that
Of the Act of 1856, which was "For the
raising of revenue" is "An Act to reg.
ulato the issuing of licenses to ordinary
keepers and traders"
1t prohibits the sale, or keeping any
place for tho sale Of spirituous liquors,
specifying in particular loger beer, in
consequence, I presume, Of some tcsti-
mony given in Courts as TO the absence
Of any intoxicating properties contained
in (which testimony very few believed
but against which il was thought pru-
dent to provide. Traders are required
70 take ont separoie Hccnccs to retail spi-
rituous OF fermehtei liquors, md an or.