The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1869-11-25
ANDERSON s. c. THURSDAY NOVEMBER g. 1859.
Judge Carpenter and the Indictment of 7.
J. MackeY.

Judge Carpenter and the Indictment of T
J. Mackey.
In the Court of General Sessions the
Grand Jury returned the indictment
against T. J. Mackey, and reported that
they had found no Bill.
E. B. Seabrook, Esq, acting for the AT
torney General of the State, thereupen
rose and said:
May it Please Your Honor-l disclaim
the idea of prosecuting any party whe
stands before this Court criminaly accus-
ed and desire that only justice shall be
done. But the circumstances Of this case
are such that am compelled, as the rep
resentative of tho State, to call your Hon.
ors attention to tho fact, that while tho
party, against whom this charge has been
made, may have q valid detence-one
which will avail him before the proper
tribunal-the prima fdcie evidence against
him is 80 strong, that in my judgment the
Grand Jury have acted inconsiderately in
making this return. l wish simply todv
my duty in this matter, without fear of
any man or favor to him, and inasmuch
as the subject has excited public atten-
ton, and the action of the Grand Jury is
such rs does not reflect credit upon the
proper administration of justice, I ask
that your Honor will direct new indct-
mont to be prepared and that the matter
be recommilted to the Grand Jury.
Judge Carpenter:
Gentlemen of the Grand Jury-In order
that Justice may be done in the Criminal
Courts of the country, it is absolutely
necessary that there should be perfect har-
mony between the several departments of
such Courts.
have listened to the remarks of the
Solicitor, and in accordance with his sug.
gestion shall proceed to charge you upon
certain topics which require your careful
consideration. do SO with no unkind
feeling towards the Grand Jury or any
member of it, but simply in obedience to
the dictates of high and solemn duty.
The Grand Jury of country nre Jury
of Grand Inquest, and no crime can be
punished by law until it has been investi-
gated and become the subject of an in
dctment This is the commencement OF
all criminal proceedings. If the Grand
Jury are corrupt, then the very fountains
of Justice are polluted. Ifthe Grand Jury
are incompetent, then the fountains OF
Justice are obstructed.
In the case before us, it was announced
in the newspapers, known to the commu
nifty at large, and published abroad, that
certain member of tho City Council of
Charleston had drawn pistol and fired
three shots at a certain other member of
that body. Whether that party has de-
fence or not, 1 do not know. The proper
place to adduce it is in this Court; and
tho Grand Jury were instructed on the
first day of the session that they had ne
right TO enquire 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 are
there loud murmurs, but there are other
matters which havo been the subject of
grave complaint 1t has been remarked
that some portion of the Grand jury
do not know the parties, or l would
promptly discharge them from Office
were indscrect enough to say they did
not care what the Court said, they would
indict or acquit the men they pleased.
More than that; it is alleged. and have
reason TO believe that n portion of the
Grand Jury do not proceed upon the tes
timony before them, but with reference
solely to the color or politics of the ac-
cused. Now, whenever it comes to pass
that no Bill of indictment for crime
committed, can be found, against man
because he happens to bo Republican
or Democrat, tho source of justice is
corrupted and its administ is con-
temptiblc farce.
You and l, gentlemen Of the Jury, have
solemn duties to perform, and the Judge
or Juror wLo regards the race or color of
an individual in determining his guilt or
innocence, commits perjury before high
Heaven. Every Juror has solemnly sworn
that he will present according TO the facts,
and not according tho color or the politics
of the man accused yet it is notoriously
stated that political status is made the
basis of deliberation in the Jury Room,
and Justice is administered with reference
thereto.
Nay, more. 1t is boldly asserted, and
not in corncr-it is public opinion, and
not confined to any political party-that
the Grand Jury have, in several instances,
not only failed to indict the accused where
the proof showed it ought to have been
done, but absolutely turned him loose and
indicted the accusor. 1t is commcndable
to bring n criminal to justice, but if it be
true that instead of otfecting this object,
the Grand Jury throw around the crimi-
nal tho shield of protection, and seize up
on and punish his accuscrs, it is perllous
undertaking indeed, to make an attempt
to invoke tho power of n Court.
There is another subject to which de-
SIRE to call your attention. 1t is grave
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