The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1869-11-16
THE INDICTMENT OF T. j. MAoKEY.

In the Court of General Sessions, yesterday,
the Grand Jury returned the Indictment against T..
]. Mackey, stating that they had found "no BILL"
The acting County Solicitor then said that the
prima Jacte evidence against Mr.. Mackey was
very strong, and asked that the Judge would
direct new commitment to be prepared and the
matter to be recommitted to the jury. Judge
Carpenter, addressing the Grand Jury, said:
| In order that justice may be donein the crimi-
nal courts of the country Is absolutely necessary
that there should be perfect harmony between
the several departments OF such courts.
Ihave listened to the remarks OF the SOLICITOR,
and in accordance with his suggestion shall pro-
ceed to charge you upon certain topics which re-
quire your careful consideration. do so with no
unkind feeling towards the Grand Jury or any
member Of it, but simply in obedience to the die
tates OF high and solemn duty.
The grand jury Of q country are jury OF grand
inquest, and no crime can epunished by law un-
iect OF am Indictment. This Is the commencement
OF all criminal proceedings II the grand jury
are corrupt then the very fountains Of justice are
polluted. II the grand jury are incompetent, then
the fountains Of justice are obstructed.
In the case before US, 1t was announced In the
newspapers, known to the community at large,
and published abroad, that certain member or
the City Council OF Charleston had drawn pistol
and fired three shots at certain other member OF
that body. Whether that party has defence or
not, do not know. The proper place to adduce
1t Is In this court; and the Grand Jury were In
structed on the first day Of the session that they
had no right to inquire into the character Of that
defence. They were simply to determine whether
the majesty Of the law had been offended. and to
report accordingly.
Not only with reference to this case are there
loud murmurs, but there are othermatters which
have been the subject OF grave complaint. II has
been remarked that some portion OF the GranQ
Jury-I do not know the parties. or l would
PROMPTLY discharge them ff0m office-Were IN
discreet enough to say they did not care what
the court said they weuld indlct or acquit the
men they pleased. More than that, 1t IS alleged,
and have reason to believe, that portion OF the
Grand Jury do not proceed upon the testimony
before them, but with reference solely to the
color or politics Of the accused. Now, whenever
it comes to pass that no bill Of Indictment for
cause he happens to be Republican or Demo
crat, the source OF justice Is corrupted ana us
administration is contemplate farce
You and I, gentlemen OF the jury, have solemn
duties to perform and the ludge or uIor WIG
mining his guilt or innocence, commits perjury
before High Heaven. Every juror has soiemnly
sworn that he will present according to The facts
the man accused yet It is notorlously stated that
political status is made the basis Of dehoeration
In the Jury room. and Justice is administered WIN
reference thereto
corner-it is public opinion, and not confined 70
any political party-that the Grand Jury nave, 10
several instances not only failed to ndlct the ac
cused where the proof showed that IL ought to
have been done but absolutely turned him Sose
bring criminal to Justice; but II it be true that
instead OF eGectng this object the Grand an Jury
throw around the criminal the snleld OF protec-
tion, and seize upon and punish his accusers 1t Is
a perllleus undertaking, Indeed, to make IN at
tempt to invoke the power Of o court.
There is another subject to which 1 desire 70
call your attention. 1t is grave offence against
the laws Of the country for any officer OF this
court, or any other person, to tamper with jury.
And Ii the Sheriff, the Clerk or any other person,
has at any time talked to grand juror, and told
him that certain bill ought not to be found, IT Is
the duty Of that Juror TO make the statement 70
this court and have him presented tried and pun
ished The crime is grave one, and, If 1t has oc-
CURED, demand Of you to expose II IN the proper
manner and bring the offender to justice.
things are not done In O corner. The public eye
is fixed on you and your actions, and 1t is my
duty to advise you Of the fact frankly to the end
the honest administration Of justice. You Will
now retire to your room for the OF
the indictment against T. j. Macky, and the
other business before you.