Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-06-25
THE CRIMINAL COURT.
Report of the Grand jury.


conditions Of our columns, we present
bslow the report of the Grand Jury OF
the Criminal Court, without COM ment /;
although it Is one Of the most important
documents that has ever been presented
to our public. We advise careful peru
sal of it by every one of our readers:
To Hon. william Hunter, Judge of the Crimi-
nal Court OF Memphis:
The Grand Jury present, that they
have taken large amount of evidence
as to the administration of justice in the
Fifth, Thirteenth and Fourteenth Civil
Districts, and find violations of and
abuses OF law, which in many cases make
legal proceedings a farce.
JUSTICES COURTS.
The law requires two Justices of the
Peace 10 the Fifteenth Civil District
(Cbelsea), six Justices in the Fifth Civil
District, six in the Fourteenth Civil Dis
triet, two in the Thirteenth Civil Dis
trict. It appears that J. s. Black, Esq !,
and W. s. Walton, Esq, have s6an-
doned their District ana opened offices
ia the Fourteenth Civil District; that
Hume +. Hill, Esq, OF the Twelfth Civil
District, has done the same, and r. II.
Gibson, Esq, and Walter Stanley, Esq q,
have left the Fifteenth District without
& magistrate, and opened offices in the
Fifth Civil District. IL will be seen that
there are seventeen magistrates in the
city of Memphis. The law makes it the
duty of the Sheriff when magistrate
opens an office for the transaction of
business in q district other than the one
for which he was elected, to declare his
Office vacant, and hold an election for
his successor. The Grand Jury are adj
vised that tbs recent change in the law
transfers this power to the Commissioner
of Registration, as fully as it was former
Iy possessed by the Sheriff. But two Of
the magistrates fully comply with the
law requiring them in all state cases to
reduce 70 writing all the testimony, and
forward the same to the Court to which
the prisoner is bound to appear; these
magistrates are H. NJ, Griffith and J. S.
Black. Esquire Willard performs this
duty, except when waived by
both parties. Nearly ali the
magistrates fail to recognize
prosecutors to appear before the
Grand Jury. The failure Of the Mag
istrates to perform their duty in this re-
spect is one of the causes of delay in
pushing business forward il the Crimi-
nal Court. The law does not permit
every person to serve State process-no
person except the Sheriff, his regular
Deputies, regular COnst&bies and Metro
pOlitan policemen have power to do SO
and no person has right to serve civil
process from Magistrates courts, except
The Sheriff, his Deputies and Constables,
except in cases when There IL no officer
-
when the Magistrate may appoint some
person to execute process. The Sheriff,
ais Dspsties and regular Constables give
Jond with securities for the faithful per
'orm2nce of the duties OF their respective
offices. Every Magistrate in the city,
except Squire Herman, has from one
10 eight chosen parties regularly station
ID at their offices, whom they style their
CODstabies, and who are specially deg
irtised to execute civil process, and
whom most of the Magistrates deputise
% execute state process. These so called
special Deputy Constables mum Der about
ifty persons. They give no bonds, are
lOt sworn, and although among them
are few respectable persons, the most
IRE proven to be lOafers and vsgabonds,
whom it would be the duty of the police
10 arrest, The Magistrates not only
'end their special deputies to serve State
papers, which they have no power 10 do
L any instance but appoint their special
pet deputies, when the regular Constable
5 present, and the business Is nat urgent
Jr no officer at hand. The regular
bonded and sWOrnS officers have
scarcely anything to do, and are thereby
deprived OF the eEloiuments OF thslr
)ftice, while the irresponsible " Deputy"
.raBs&ets their business. Ths result of
All this is, with seventeen magistrates
lud fifty special Deputy COnstsbles, with
heir rivalry, their anxiety TO make
money and their zeal to Guido each other
q sUbservienOy TO the demands of those
VINO employ them, that suits are stirred
~, the laws continually violated, and
ne So called administration of public
u5tiee by the magistrates of the city Of
lem phis is = nuisance and 3 fafce. Ali
ne magistrates, except Esquires Daley
.ud Hail, accept fees in advance ia State
.ases, while some Of the magistrates de-
nand their fees in such cases in advance,
III of which they are advised Is in vio-
alton of law.
MUNICIPAL COURT.
The Municipal Court was organized
With exclusive jurisdiction of ali INSIDE
neanors and feiOnies, where the maxi
nun punishment does not exceed five
-ears in the penitentiary, provided the
,ffenses were committed within the iu- /
isdiction OF the Court; and the Judge OF |
aid Court has power to grant hahsas i
orpus within his jurisdiction" At first
{ was supposed that this meant terrific |
ial Jurisdictions but IatteFly we are |
dvised Your Honor holds that It means
lower to grant writs Of habeas corpus |
where the party is held for alleged |
,fensss % within his jurisdiction. The |
Judge OF the Municipal Court holds the
optrary. The result of this is that the
Judge OF the Municipal Court issues
wits Of habeas corpus, bringing pris-
,ners before him, and discharges or balls
hem, when they are again arrested hv
his Court and their bonds disregarded.
The business seems to be done in a
oOss and careless manner. Sometimes
he bonds are sent to this court without
my other papers, sometimes the papers
Without the bonds, sometimes no papers
It all come. In one instance q prisoner.
indicted in this court for murder, was
elessed without bail, because there was
10 charge against himi
Grave doubts haee been suggested /
when q person indicted in this /
.Ourt for an offense OF which it has iuris- !
fiction, can be convicted of the lesser |
elonies. For instance if 8 person is in. |
lieted Ia this court for grand larceny
ay bedstead valued at eleven dollars
md the proof should show the stolen |
to be only worth nine dollars. |
his would be petit larceny, punishable |
~ imprisonment In the penitentisry fer
lot exceeding five yesFs-sn offense OF |
which the Municipal Court has exclus- |
We jurisdiction. So, where a person is |
indicted for murder and the offsnse pro-
zen, is involuntary msnslsughter. These !
questions cannot be finally settled until |
he Supreme Court meets next April. In |
he meantime 8 hundred or more cases
rise which may have to be tried again. |
The public mind is demoralized BY the |
want Of uniform administration of Jus. |
ice. The claws delay" in consequence
hereof gives the guilty great opportuni- |
Y for escape, and deprives the innocent |
# speedy trial and acquittal. The |
3rand Jury respectfully suggests the
Dropriety Of laying this matter before |
he Legislature in order that the law
making power may settle the same.
NEW TRIALS.
One of the causes of DELAY |
n the proceedings of this court |
] the large number of pau