Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1858-12-03

laws of the State to serve as jurors, and
has summoned none who in. his judg-
ment, will be Influenced in determining
any of the matters which shall come be-
fore him as juror, by hatred, malice, Or
i'll will, fear, favor or Affection The
Act Of 1889, CHI. 251, injudiciously per-
mitted this oath to be administered by
the clerk when the panel is returned or
at the opening of the Court" He is
also prohibited by the act of 1915, CHI.
81, from summoning persons to serve as
jurors, who have matter of fact for
trial at the term to which he is sum
moned. 1t had probably been decreed
by some of the Courts, that a verdict,
in which such a juror participated, should
be set aside, for the Act of Oct. 1878,
oh. 20, provides, THAT no verdict shall
Hereafter be set aside for that cause"
He is also prohibited by the Act of
1777, ch. 43, from returning the same
jurors to two successive Courts, or any
under the age of 25 years, or otherwise
unfit Such jurors, however, are frequent
ly summoned, probably rather from in
attention than any purpose of violating
the law. A wilful ana corrupt violation
of it is misdemeanor for which he may
be presented, as well as for any other
corrupt practice in the summoning of
jurors.
Frequently talesmon are summoned
without proper regard to their fitness ;
persons who hang about the Court House
for the very purpose Of being summoned,
and earning penny in that way. 1t is
not, however, always in the power of
the Sheriff to avoid summoning them,
as suitable persons are apt to Keep out Of
the way on such occasions. 1t is his
duty, nevertheless, to summon the best
on such occasions that he can get. The
power of peremptory challenge enables a
criminal conscious of his guilt to get rid
of twenty good and honest jurors, which
lessons the power of the Sheriff to find
others, and from this cause | know that
many criminals escape justice.
The Sheriff is also prohibited from
summoning persons if they ask him to
summon them, and | might add that it
is his duty to summon good jurors, though
they may desire to be excused.
In connection with this subject, will
refer you to tho Act of 1853, ch. $50,
It is entitled, {" An Act doclaratory Of
the law concerning contempts of Court .
The % section, however, imposes a heavy
punishment upon any person "who shall
corruptly, Or by threats or force, cndeav-
or to iafacace, intimidate, or impede,
any juror, witness, or officer in any
Court Of this State, in the discharge of
his duty, or shall corruptly, or by threats
or force obstruct or impede the due adj
ministration of justice therein.
Laws are not passed to punish grimes
on speculation that they may possibly
be committed; but to punish such as are
known to have already been committed.
The Legislature, no doubt, had sufficient
evidence of the necessity for the passage
of this law. Few persons would be SO
bold as to attempt to intimidate juror.
The attempt to influence them may be
made in secrecy, and would not be SO
likely to be discovered. In one instance,
criminal case in my circuit, it was
proved on the stand by several witnesses
that the accused had cndcavorcd by in
timidation to prevent their attendance
II was the first and only attempt Of that
kind that has come within my knowledge +;
but | did not think it necessary to refer
the matter to the grand jury, as the ac-
cuscd was convicted and punished for the
more serious crime with which he was
charged
/ would call your attention also to the
Act of 1856, oh. 1876, Furnishing gam-
Uing and the keeping of gambling houses,
&c. 1t is the last law on the subject, and
the only one now in force.
Also, to the Acts of 1913, oh. 1877,
I'd sec. repealed 1871, Oh. 272; 1912,
oh. 231 1919, cb. 29G Furnishing the
crime Of cnticing slaves to run away :
the circulation Of abolition pamphlets,
tracts, &c.
The act Of 1881, Oh. 208, permits the
compromise Of assaults and batteries,
beJore presentmcH, on tho application Of
the States Attorney, ond with the con-
sent Of the Court, which is usually given
where the cases arc not Of an aggravated
character, and the purposes Of justice do
not require their prosecution. When
such cases come before you, it would be
well to advise the prosecutor, if he be
the person assaulted, Of this right to
compromise, and give him little time
10 do 50 if he desires it. 1t will relieve
us Of cases troublesome TO the Court and
expensive to the county, without CORES
ponding benefit.
Some Acts give a portion Of the fine
or penalty to the ia)ormcr. The inform
er is not person who is summoned and
compelled to give evidence but one who
comes forward yolaaf0rily and Of bis own
accord to the grand jury, when no other
person has before testified to the fact.
The grand jury should in snch case en-
dorsc in the prcsentmcnt who is the in
former
| would further state that the 81 and
9TH sections Of the Act Of 1927 eli. 2l7,
arc still in force, 50 that you have the
power TO direct the Clerk not To renew
licenses TO such persons who you think
have heretofore abused them.
Ear An exchange paper says that
"whilc the business men Of America in
yariably live poorer, dress shabbier, and
work harder and during more hours than
those Of any other country in the world,
4 L.. IL H..