Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-06-25

Report Of The Grand Surx ei
49, the Criminal Court.


from which wetextract the following
more important points. Abiding 70 the
transaction Of business in the Justices
Courts, the Jury says: $3.50
Bot two of the Magistrates fully com
ply Nth the law recurring them in all
Y State cases TO reduoe 10 writing allthe
esti mony, and forward the same 20 the
Court TO which the prisoner is bound 10
appear. Nearly all the Magistrates fail
TO recognize prosecutors TO appear before
| the Grand Jurya The failure OF the
Magistrates 10 perform their duty in this
respect Is ono Of the causes Of delay in
pushing businesS forward in the Grim
iual Court. The law does not permit
every person to serve State process--no
person except the Sheriff, his regular
Deputies, regular IConstables and Metro
politan policemeu have power 10 do so |;
and no person has.s right to serve civil
process from Magistrates courts, except
the Sheriff. bis Deputies and Constsbles,
except in cases when there is no officer
at hand and the business is urgent, when
the Magistrate may appoint some person
to execute process Every Magistrate in
the city, except Squire Kiernan has from
one to eight chosen parties regularly sta
toned at their offices, whom they style
their Constables, and who are especially
deputized to execute civil process, and
whom most of the Magistrates deputize
to execute State process. They give no
bonds, are not sworn, and although
amoRg them are few respectable per-
sons, the most are proven to be loafers
and vagabonds, whom it would be the
duty Of the police to arrest. The result
of all this is, with seventeen Magistrates
and fifty deputy Constables, with their
rivaly, their Anxiety to make money and
! their zeal to Guido each other in snbser-
.viency to the demands of those who EN-
| ploy them, that suits are stirred up, the
laws continually violated, and the So
called administrations Of public justice
by the Magistrates of the city OF Mem
pbis is nuisance and farce. All the
Magistrates, except Esquires Daley and
Hall, accept fees in advance in State
cases, while some of the Magistrates de-
mand their fees in such cases in advance;
all of which they are advised is in viola.
ton Of law. ~
Regarding the Municipal Court, the
Jury says:
las The business seems to be done in Q
loose and careless manner. Sometimes
the bonds are semitic this Court without
any other papers, sometimes the papers
without the bonds, sometimes no papers
at all come. In one instance prisoner,
indicted in this Court for murder, was
released without bail, because there was
no charge against himl
Grave doubts have been suggested
whether, when person indicted in this
court for an offense of which it has juris-
diction, can be convicted of the lesser
fclonies. For instance, if person is
| indicted in this Court for grand larceny
say bedstead valued at eleven dol
ilars--and the proof should show the sto-
len property to be only worth nine doll
lars, this would be petit larceny, punish
able BY Imprisonment in the penitentiary
for not exceeding five years-an ofense
of which the Municipal Court has exclu.
sive Jurisdiction. SO, where personals
| indicted for murder aud the offense pro-
ven is involuntary manslsughter. These
questions cannot be finally settled until
the Supreme Court meets next April. In
| the meantime hundred or more cases
arise which may have to be tried again.
The public mind is demoralized by the
want of uniform administration of jus,
tice, The laws delay in consequence
thereof gives the guilty great opportu-
nifty for escape, and deprives the innocent
of "speedy trial and acquittal.. The
Grand Jury respectfully suggests the
propriety of laying this matter before
the Legislature ia order that the law
making power may settle the same.
Regarding new trials, the Jury says:
One of the causes of delay in the pro.
ceedings of this Court is the large num-
Der of new trials granted in cases Of con-
viction, wherein week or more has been
spent in the trial. On inquiry we learn
that nearly all these new trials have been
granted in consequence of the misconduct
and separation ofjurors. .,oaao. ani
Another cause Of delay in the business
of the Court. the Jury thinks, exists in
the distance of the Jail from the court
rooms. v1sA ssasiia11 tH y iasao
Touching the matter of "straw bail, "
the report says: = hsasg issal Ilet q
II has been shown to the satisfaction OF
the Grand Jury that there are q class OF
persons in this city who make business
of going bond, and who are worthless:
They are ready at all times, for small
consideration, to sign anybody's bond,
and, il necessary, make good their claim
as "sound by the most unblushing and
barefaoed perjury; and this they have
heretofore been able TO do with impunity,
for it appears that for years back the ofii
GERS of the Court cannot call TO mind one
sinqle case where O forfeited bond has
been collected. The universal return Is
mo property" while in large number
of cases the bondsmen cannot be found
the bonds being signed in a fictitious
name, or by companions Of the prisoner,
who fee with him. g1aaG1
The Grand Jury would most respect
fully represent 10 your Honor that more
caution be used in the taking Of bail:
Where applications are made for bail,
would IL not be o safeguard in the future
il your Honor would consult the Sheriff
aud County Register as to the solvency
of the suretiss We would also sug-
gest the Sheriff have . elose spring
wagon, so arranged that prisoners could
be carried TO and from the jail SO IS TO
save time. Prisoners seem 10 have
accumulated, and the Court has 70 be In
dustrious 10 get the docket reduced
during the present term. Business men
can now attend a. Jurors without serious
injury to their business II your Honor
will, through the Attorney General, have
sure sciion taken in'4eference to the
present pOrniclOus course Of Magistrates,
We think the basiuess Of al the Courts