Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-05-02

| 0OA, " o0LFC 40 6AdhN JufOAS AON tuO bCA III
now commencing, on account of youi
known intelligence and integrity, and be-
cause Of your general acquaintance with
the people Of the district and wards in
which you reside. Grand Jurors are for
their time Of service, the great conserve
tors Of the peace and well-being of soci-
ETY., and for this reason, it is important
that they should be chosen with q view to
their fitness in properly performing the
high and important duties imposed upon
them as the representatives of the State.
In the various grades of criminal offenses
which may come to your knowledge, the
law makes it your duty TO say whether or
not the persons suspected or accused shall
be put upon their trial. You are to
determine in all cases whether there
is good aud sufficient ground for
jury Of the country. 1t is
the innocent as to see that the guilty are
punished. You are to look after the peace
and good order of society, and upon the
duty depends in large measure the hap
piness and well-being of the people. There
is no animosify in the spirit of criminal
lhht hnu III ACpAAuk Vi AONGDSC It.Alb AOI
the punishment of those who commit
crimes. II is not the severity but the GER
tainty of punishment which is most effect
usl in preventing crime. Crimes which
are allowed to go UNPUBLISHED are hCrt:ul
and In great measure but invitations for
their REPETITION, which evil-disposed per-
SONS are not slow in accepting. 1t is the
humane spirit of the law that the guilty
/ chnul1 he 1,7ufchod In nrdar 70 Aafar
others from the commission of offenses.
All crimes to which the attention of
grand juries are directed are either felo-
nies-or misdemeanors. Felonies are pun
ishable by imprisonment in the panitenti
airy, and in certain grades by death-mis-
demeanors are punished by fine or impris-
onment in jail or both. 1t is es-
peciaily the duty of grand juriss to inquire
as to murder, arson, robbery, rape, etc
of1sttempts 10 commit such crimes II a
a person. while armed with deadly wea-
pon. attempts to assault another with q
club OF cowhide, he isguilty of a felony.
! The Grand Jury will also inquire as to
offences against private and public pro-
perty, and attempts to iDjure or deface
public property, such as churches, school
| houses. etc. Also, as to attempts TO kill
l VI NdUtOhll AhAAA4oA "a
| exceeding 80. The distinction between
larceny and fraudulent breach OF tIust was
| stated by the Court. II was felonious
breach of trust if party, who originally
intended in his conduct to act honorably,
subsequently In the same transaction de-
frauded the other party. Such an action
is as much q felony as if originally n
tended TO defraud. Act CT Assembly
makes it felony to steal or destroy pubic
documents, court records, wills, etc.
Obtaining property by false pretenSe,
| such as representing to the hoEer
csrtain things not in existence, is f. lJny
punishable by imprisonment in the peni-
Tertiary. What constitutes forgery, couD-
terfeiting, crime against the public peace,
libel ex planned fully and distinctly to the
Jury. Also, charged as to the law making
it a felony TO send or carry challenge TO
Aght duel, or to publicly denounce en-
other as a coward for refusing TO fight
duel. 1t is 3 misdemeanor TO resist an
officer in the discharge of his duty, whe-
Their or not The officer be provided with
warrant. In certain cases officers can
make arrests without warrants, and it is
the duty Of good citizen to submit with
out resistance, and if innocent it will so
appear in the trial to which he is summon
ed. To conceal a person who
has committed a crime punishsbe
with death, or promise not to prosecute or
give testimony against such person is
felony. The Offense is against the State,
and not even the parties injured can with
IMMUNITY seek to prevent the guilty from
being brought to punishment. II is high
misdemeanor for two or more persons to
form a conspiracy for the purpose of pros
ecuting, abusing, or iDjuring another.
Perjury and subornation Of perjury are
alike felonies. Those who procure others
TO swear falsely are likewise guilty. The
lives, property, and regulations Ct men
depend upon the truthfulness of those in
troduced as witnesses in court. The
bribery Of public officer TO vote, testify,
or DECIDE in favor Of the party giving the
consideration is felony. 1t is also fell
ony for sheriff or other officer to summon
persons to act as jurors, for the purpose
Of obtaining particular result, and mis-
demeanor for a juror to pledge himself in
advance to give verdict in a GER
tain way. 1t is the duty of grand jury
to indict, as individuals, the members Of
any turnpike company, whose road is not
kept in the order provided for by their
charter. Any horse-raoing not taking
place on q track devoted to that purpose,
aud as such legally chartered, is indictable.
Persons are also indictable for keeping
gaming houses or renting houses to others
for that purpose. Lotteries and gift enc
terprises are also forbidden by the law, as
are also selling prize packages or books
said TO contain property worth more than
the amount paid for them. Any act by
which it is proposed to get something for
nothing, may be denominated gaming,
aud properly comes within the act of As
sembly prohibiting the dangerous and
seductive habit of gambling. The
same act of Assembly gives to grand ju-
| ries inquisitoriRl powers to send for and
inquire of persons suspecting Of knowing
where gaming has been or is being done.
Courts and juries have all the power the
Legislature could bestow, for the purpose
of preventing, or in great measure sup
pressing this growing vice, aud they are
too much disposed to neglect their duty
in this respect II all jurors, officers and
good citizens would properly perform their
duty in aiding to suppress gaming, such
offences would be rendered SO odious that
no respectable man could be found eDgag-
ing in them. The act of Assembly against
carrying concealed a bowie-knife, goes so
far as to make 1t indictable for any person
to bring into the State, for sale, this the
most odious of all weapons. The bowie
kuife is so far outlswed that to cut or stab
a1other, even in self-defense, is q felony.
A more recent act of Assembly makes it a
high msdemeanor to carry concealed or
not, any dirk, pistol or other deadly wea-
pom while present at any fair, horse race,
election or other public assembly. By
still moro recent acc of Assembly II is
made an indictable offense to carry pistols
or deadly knives at any time, uniess while
travelling from one county to another.
The court had hitherto dealt as lightly as
possible with this class Of otferses, in the
hope that the people, learning the provis-
ions of the law on the subject, would alb
stain from its violation. But now, that
all have had fair warning and sufficient
time TO learn the law, it would IN future
be rigidly enforced Ii is the duty Of all
peace officers, magistrates constables,
etc to report to the Grand Jury ell such
violations coming within their knowledge,
and fail 'Dg to do so is indictable. Persons
engaged in retailing spirituOus liquors are
reduir, d to give bond TO comply with the
Law, to keep an orderly house, ard give
information of any gambling or other Of
Tense committed about their premises.
Their clerks or agents are also required 10
take az oath of similar import. Such per-
sons cannot sell or give away liquor, ale,
or other intoxicating liquors % Sunday. |
Other persons are required to close their |
business houses on the Sabbath, and
those who deal in liquor ought lot 10 COM
plain if they are required to rest one day
- ''f saSsn- Peace. aud quiet she uld pre-