Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-01-26
GRAND JURY.
Charge Delivered by Hon. ]. 7. Swayne,
Judge of the Circuit Court.

NAAIA A4AAA &L0 a.sIAANa . laHNAAANHNi -
and pretext in that immoderation nj i'm
patience.
We again meet, as in better days, to as
sure the public peace and safety. Now,
is then, and perhaps more now than then,
the duties of the courts, Jurors, public OH
GERS, and all conservators Of the peace, lie
heavily and solemnly upon Us. Life,
liberty and property, the general welfare
and prosperity, are fully and deeply In
yolyed in those duties. The Court trusts
that FOL viii consider them faith
fully. Your duties are co-extensive with
the county of Shelby, exclusive of the
territorial Jurisdiction of the Criminal
and Municipal Courts, the Fifth, Thir-
tenth, Fourteenth and Fifteenth Civil
Districts, and Of otiens against the rev.
enue laws of the State. What you have
10 do, and how, is set forth aggregatively
ia your oath as Just administered n in
detail in the penal sections of the Code
and subsequent legislative acts, (see oath
in detail, sec. 402l.) Some of your powers
and special duties are defined in sec. 507S
to 5O92 inclusive, and sec. 5093 to 5095 in
elusive, excepting SO far as repealed or
modified since the adoption of the Code.
The general distinction between indict-
ments and presentments is, that the for
mer are found on proof, the latter made
On knowledge of one or more of your
own body. Sec. 1890.
TUT AuG AONAA Va OAACAACE6Y
excepting as subsequently repealed or
modified, I refer you TO sections 1871 20
1882 inclusive.
Presentment, indictment or impeach-
ment is the only form in which a party
shall be put TO answer my criminal
charge. Sec 4-S9.
When you haye returned presentments
or indictments into Court, the law hen
imposes obligations in regard to them, to
% strictly observed by all the officers of
the Court, n by you under a prescribed
penalty. See sec. 5O99 to 500l.
The Court with emphasis repeats and
enjoins upon you tie law that no person
ut all should be present when you vote on
a bill before you. Up to this time, how
ever, the Acknowledgement may be with
you to advise and assist you in the law
and testimony, and when desired you
may ask instructions from the Court, and
I these, if neces airy to the matter in hand
| or to avoid pub lofty in open Court, will
be given i'll writing, you will consult no
other persons about your business ex-
I cepting The Court or Acknowledgements,
nor allow any AZ your sittings, nor in any
way advise anyone Of any Of your do
ings.
The law as to aiders and abettors and
accessories, you will find in sec. S5SS
10 1895 inclusive: children under seven
years of age and lunatics and idiots, are
not, in law, capable OF committing penal
offences.
From sec. 1897 TO sec. 1927 inclusive.
you will ind defined the aggregate of
crimes and misdemeauers declared such
Oy the code; in addition to which are
those subsequently, declared by legisla-
tive acts. TO which the Court will pres
emily call your attention; certain of these
provisions the Court 10 required to give
you, specially in charge, SIS I now do, viz:
HAa-a nwasU-W WLa EaI. I'D 80 - 8 hA--s.
knives, etc., in sections 4741 to 1882 inciu-
siVe; those suppressing tippling and re-
failing, in sections 1857 to 1868 inclusive;
that against selling, lOaning or giving to
any minor, a pistol, bowie-knife, co., eK-
cepting Ms stated in sec. 1884; those for
the preservation Of the freedom OF cleo
tiOns and the purity of the ballOt-box,
sections 4sy4 TO 1912, and those enacted in
subsequent statutes, 10 which the Court
will invite your attention presently. The
DTenses against the revenue laws, cogni-
fable in the Criminal Court only, are con-
tanned in sections 1857, 1859, 4S0i, COZ, sos,
us, ~, 1855. section 10 of an act March
}, 1868, Sec. 10 of an act of March Is, 1865, |
and subsequent penal Legislation relating
to the revenue.
The following acts, passed since the
code, the Court lie required to give yo2
specially in charge, TO which l have before
alluded:
1850 chap. 81, to suppress eounterfeiting,
tacJs I859-60):
1865 chap. 10, concerning seditIous words
or speeches;
1865 CHAP. Is, to compel ticket agents to
do their duty;
1859 Dec. H. 20 amend the criminal
Of The State.
The other acts defining offences, and
passed subsequently, 10 the code, are as
Acts of 1850 chaps. "A, q and IS, 1865
81. on the subject of banks and
Acts Of 1860 chap. 81, to suppress and
punish fraud in packing cotton and to-
OaccO;
Acts Of 1860 chap. so, to license billiard
and for other purposes;
Acts of 1850 chap. 81, and lS6s chap. So,
TO prevent the adulteratiOn of spirituous
Acts orIs80 chap IS, giving Grand Jury
discriminating power to present for
swearing;
Acts OF Is60 chap. 81, for relief of PEN
sioners, as to clerks lees;
Acts Of 1850 chap. 90 sec. 5, as to agents
TO deliver effects 0 fminors;
Acts OF 1850 chap. 13I, and 1868 chap. 70
sec. IA, making IL felony for tax-collectQrs
10 fail or refuse TO pay revenue to the
State;
Acts of 1865 chap. 10 sec. s. making it
to take falsely the oath prescribed
IN the act limiting the elective franchise.
Acts of 1855 chap. 4, to punish armed
providers, etc;
Acts of 1885 chap. 5 sec. 2, for felonious-
breaking open a house to commit lar
oeny or robbery therein;
Acts of 1855 chap. 5 sec. 3, for robbing or
from the person:
Acts Of 1866 chap. 8 sec. 4, for house or
bridge burning;
Acts Of 1867 chap. %, and secs. 8, 4 and s
chap. 80, in regard to the elective fran
,hise;
Act 1867 chap. "A sec. 4, to protect the
Cemeteries In this State;
Acts of 1858 chap. Is sc. 5, to punish for
injury TO or mutilatiOn of grounds. build
ngs, etc, belonging 10 the United States;
Acts 1863 chap. 90, to punish common
,arriers and their agents for distinguishing
persons on account of color, race
'r previous condition-repealed by act of
November p. 1869;
Acts 1865 chap. IS sec. 10, f~orbidding con-
racts with work hands or Others 10 their
Employ to keep them from going to the
on election days;
Acts 1865 chap. 70 secs. 8 and 4, forbid
ling Insurance Companies without de-
10000 of 6 per cent bonds of the
,tate or United States;
Acts 1858 chap. 20 sec. 10, forbidding do
ng business by persons proceeded against
Or taxes, or any violation of the revenue
avs; 1
Acts 1859 chap "A, ~forbidding shutting
Ip or ~obstructing roads opened by order
from the land Of a party who Is sur
ounded by the lands of others;
Acts 1869 chap, =, lDeceni Der lSl. forbid {
ing selling or furnishing TO visitors in {
heaters and other places, wines or other
liquors or cigars, and indecent and or i'm
MORAL exhibitions. I
See section 1883 to 1855 inclusive, for the l
of penal prosecutions; those not S
Included therein are not limited. The j
avs Of the State now make no distinction 7
{ color. etc, as TO offenses committed. s
III acts prohibited by law without annex :
ng a penalty, are misdemeanors. and are [
o be tSeated a. such; section 1896. The c
Ountry demands and greatly needs tran I
utility and peace, and these we should de- /
Ire for ourselves and for our children and v
children in the land that is our 4
Helling-place, and is to be theirs, and y
be honor, prosperity and happiness of b
be whole should be the care Of each con-
erned, without bitterly retrospecting
be past, the unhappy past. but 10 king u
ppefulty TO the future in the spirit of
'hIistiautiy n patriotism. philosophy
good. citizenship. We mey largely con
rloule 10 these ends by the strict ObSer- d
Hnce of law and its faithful enforcement
y the courts and the juries OF the coun-
~. You will conform your sittings as o
early as you may TO those of the court. Q
our duties are before you.
LOOK AT OUR Delsines at less thar man d
cOst.
A. sEESSEL q SON.