The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-08-11

MoND-JUsTICE JAMES A. MAHONE PRE-
sIDISG-CHARGE TO THE GRAND jury
John w. Wright, sheriff, nominated as
deputy sheriff J. M. keesee, and upon
taking the oaths prescribed he was quail
fed.
Francis T. Isbell qualified as notary
public for the city Of Richmond and county
of Henrieo.
An account of Robert Howard, clerk,
amounting to Sl2S.9S, was ordered to be
paid.
Accounts of various police officers for
criminal charges, amounting in the aggre-
gate to $244.35, were allowed, and ordered
to be certified to the Auditor of Public Ac-
counts for payment.
The grand jury, consisting of George W.
5mitn [Ioremanl, William Beers, Samuel
G.. Greenhor, Wilii~nI- 1ov.r..t-.. -J-----~-
Kersey, John II. Tyler, P. H. Starke,
George A. Hundley, George W. Royster,
John A. Belvin, William Holt Richardson,
William English, Corbin Warwick, Francis
I. Isbell, A. Ii. Christian, John E. Womble,
and Charles P. Word, were then sworn in.
Charge to the Grand Jury.--Mr. Daniel,
Commonwealth Attorney, in his charge
:,
serve great abatement in the number OF
cases waiting their investigation, 1t might
be assumed, with an approach to accuracy,
that there had been about two hundred ar
rests and examinations at the Mayors
court for misdemeanors Of all grades since
the Jury last assembled. OF these scarcely
one-tenth had been sent here for inquiry.
Making oil allowances for discharges and
cases which, under the laws, the Mayor
may finally dispose of, there is yet most
remarkable falling off in the business for
the grand jury compared with the ave-
rage at previous sessions. Could this be
attributed to decrease of the mum
Der of offences committed, it were
matter of congratulation. But that suppo'
sition is contradicted by the facts Of the
case, and must be discarded. 1t IS &C.
counted for by the fact that large number
of cases proper for the jurisdiction of this
court have been disposed of summarily and
finally at the Mayors court. This is &
matter of interest to you and to the prose
cutting officers, who are charged in their re-
spective spheres with the due execution OF
the criminal law in this city. The COM
munity whose agents they are will require
an explanation on this subject, and it is
proper that one should be made. Look
ing at the police reports daily publish,
ed, which may be relied on at least
for the character of the offences and the
punishments awarded, such cases occur
as these Mary Thomas and John Smith
(negroes), for feloniously entering the Gel
lar of James Black and stealing therefrom
sentenced to the chain-gang, one for twenty
and the other for seventy days. William
Robinson (negro), for assaulting William
Taylor IA white boy) and resisting the officer
who arrested him (the proof being com
plete), was fined $40, and in default of pay
ment sent to the chain-gang for ten days
Numerous cases Of larceny are finally dis
posed of by sending the guilty parties t.
the chain-gang for longer or shorter periods
Assaults and batteries of various sorts ART
disposed Of in the same way among others
man, for beating his wife, was sent TO-
sixty days; and numerous fines, varying
from 81 to $40, were inflicted for mlsde
meanors at common law.
Now, he would say for their information
and that of the justices present, whose ad
wiser he was, that every one of these Judg'
menus ICduSCeuucu tuC idmlu1' poHSA VA
Justice of the peace under the laws, ant
was an infraction Of the Bill Of Rights
They are null and void, and make the jus
tice pronouncing them liable in damages tt
the parties grieyed, and, if persisted IN
with q knowledge of their illegality, to ;
criminal prosecution. Where a judge mis-
takes the law acting within the prope
limits of his authority, he is not RESPONSE
BILE; but where he does act beyond tn
powers of his Office he is responsible to-
those acts, just as q private individual i
responsible for such. In all the case
mentioned the parties were entitled to b.
tried by jury in this court, and this cour
had authority to sentence them to line o
imprisonment, or both. The justice ha'
power to examine them and discharge them
or send them here for regular prosecution
As TO these /" chain-gang judgments, ther
are none such known to the law. Where
criminal is sentenced by this court to I'm
prisonment, if he be able-bodied and ut I
work, instead of lying idle in jail, the couI
is authorized by law to direct that ne sha
be employed on such public work as tn
Council may direct but such enpioymer
/ is no part of the punishment denounce
against the offence, nor is there any auths
i rity to direct il vested anywhere but j