M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1864-03-03
With this simple denial, I might,


With this aimplc denial, ! might
consider the the charge fully an
.swered, wara it not for the closing
sentence, wherein he volunteers hi.
lopiuioE and instructions to the Pro
secutor. liz mis'aRa not, the ex-
press. on 1sed by him was made in
my hearing ouco b,ior0 aud has an
other Hn'hor.
4 Ii is,SelI under:tool that the pro
,eednss Of Grand Jurios are \ seal
ell book" vet propose stating tn.
facts in the case ~ presented in open
roqrt, to which lhe editor ofth.
Register aiindes, ani which, with
! pretended mndesty aul less houesIy
h5relrmrs from giving. ia making
his grave charge.
A citizen -Wbnse namo need moi
! be mentioned --waS charged by prop
er ahFayir before an examining Mag
istrale OF thp c)nnty with a cri!nl; IN
examination had and he was held to
bail; tho witnesses regarded 10y The
magistrate az material tor the State
were recognized; tho casI presented
[, the Grand Jury and Indictment
lcuHd. Pending the examination,
tho person charged, wishont any
knJYiedse oG the Prosecuting AttDr-
ney Of his 81 ding, aut witnoNt in
forming him that he dlsired 30 bc awit
neas bJioro TIE gr1ni jury, fjel his
own pragcipa 'or subpoena rJr him
scli, to appear as snch witness, Al
ter the examination OF the Witnesses
recognized ia tho clse, tho jury were
adv sed that thu pCraon charged was
uudrr subpoena as above stated, and
further, that having 10 kroTleigp Of
his objoc:, did rot purpose cAilin2
him, unless the jury wished II: NJ
oae n.imating = desire thai he 5EOuII
bs cxaminad, | did not direct the o!-
icor to clli him. ruc Jury having
no further business repaired to the
Court nal presented their Indict-
,nont Tbs person charged tber
stated in op,n curt, t. the Jnlge
llhat h. was under subpoeni and hGc
MT bean called b5ore the Jury ~
: 8n'em3nt being made oi lbo o5j!c
Of hi5 testimony.
| then mlie n statement Of III
Gc.s, rs above SO ed, in opon court
aud pres ntel the following reason
for not calling tbo with 4ss, nam.Iy
} Tust a B,lI of Inliatm.n hal bolr
f5nnl "a True Bill" against him b
sand Jury; taat h9 had not been re
c)Snlz9d by m examining rnasislrat
: as a wtnesa in any crimina eXlmin
) alton; but tbAt H. was IN a'tsD lonc
in obedience to th9 cnmmand Of
' snbpc,ul Ord:red t. 65 issued B
: hinscf; that no! being advised d
his Object. had no rishtto call hin
as II witness from the iRct that it va
the evidence on he.alt OF the Sfa.l
and not Tor the lsits.. nor in ex,nl
: that the Gtdni Jucy were anlllotz,'
to hear; that he IN MT made knlwI
J to any juror, nos to myself hi5 Object
but tina; he had ignored ths exi5tcnc
OF a p0b'ic prosecutor; an1 lOr lba3
reasjns | did not feel authorized o
the Law T. CAL him. Thl Cuurt sltl
' hearing the cals as,i5no! for N
decIiuins toclll tho witnass, and with
out o.h.r or iurthcF stlten,n. on II
part OF the witness, sIid It WAS tn
right and privilege Of ti1 witness S
to present him,siiAul be admitte
before the Jnry w,th>a: stating TO tn
( Public Prosecutor or aay oM GER h
obiso: in 81 doing; that as an "Act ,
5 c,nrtesy' he mignt maxi kna IN 1t
II ohi.c; o thu Prosecutor, bat TIN: h
need not doso unless ha felt % d,5
: posed. The Juty were then drectc
y to return 10 their room and hear VIII
i the witness had to say. tits onI, II,
;. cassory 10 add, what is nlreaJ
. known; t1at NJ Bill was found up
. the testimony.
!. This 'tels the whuis story
,e The Conrt having delivered the OPT
vi i)n. it was only left Tor me TO yia
. obedience which was done.
!, might aid however that | failed to
" convinced OF tha correctness Of Il
decision, and have yet tailed TO dit
" cove its correctness upoc precsd.n
upon authority or upon principle.
Tough the Z Iitur Of the R.giste
in bis volunteered opinion and it
v structions, may, perhaps. in some r
spects, claim the credit OF originate
| lmay b1 pardoned for declining
adopt them al my official. guide, wit
:, out hearing tho reasons upon whit
! they are based.
Says Lord Bicoa, "Lat not deere,
y issue in si'enca: Let judges gi,
the reason OF their jud sments: L
them Go this openly; that what
i unrestraiued in point OF authgri
$ g may y, circunscr; bed by a regarl
y character and to fame"