Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1872-08-14
BARTLETT CIRCUIT COURT.
Charge 10 the Grand Jury BY Judge
j. E. r. Ray.
Provisions Of the Law to which Special
Reference was Had.

Vu W oCACCNCO 30 kOOu duu AhMlAl
men, capable Of discharging faithfully
and efficiently the highly responsible
and delicate duties imposed upon you.
Before placing in your hands the
power thus delegated to you under the
law, owe the liberties of your fellow
/ citizens, the law eXacts of you the sol
emn oath, or Obligation which each OF
you have assumed, and it is made my
duty to instruct you generally as to your
duties, and to give you in charge spec
tally some of the criminal laws of the
State.
You have each been worn that you
will diligently inquire and true present
ment make Of all Offenses given you in
! charge, or otherwise brought TO your
knowledge, committed within the juris-
diction Of this court, which is co-exten-
siVe with the county; that you will keep
secret the States counsel, your fellows,
and your own; that you viii present no
one through
MALICE Or ILL-wILL,
nor leave unpresented through fear,
favor or affection, or for any reward, or
the promise or hope thereof, but that
you will present the truth, and nothing
but the truth, according to the best OF
your skill and understanding.
1t is therefore of the utmost import
ance hat each Of you should be solemnly
impressed with the important and re-
sponsible duties you have assumed, in
volving as they do the highest interests
both of the State and citizen.
Under the constitution the accusing
power of the State is lodged in your
body, and generally all criminal accu-
satiOns must emanate from you, and in
the exercise of this power your object
and duty is to ferret out crime, bring to
punishment all violations of the law.
You should avoid on the one hand be-
ing Influenced by hatred, ill-will or
malice, and on the other hand by fear,
favor or affection.
Your oath requires you to make dill
gent inquiry of any offenses Of a Grim
inal nature. In the exercise of this
power you should weigh well the cir
cumstanees, the motives and credibiiity
of the witnesses supporting the charge,
and be fully satisfied of the guilt of the
accused, before finding a
TRUE BILL,
50 that you may not deprive any citizen
of his liberty, or involve the State,
county or individual in costs and expen-
ses incident to such investigations.
The secrecy e~njoined upon you is of
the highest Importance in the further
ance of justice. A violation Of this in
junction is highly censurable, and sub
iects the offender to punishment, which
the court would be compelled to in
hict when a proper case was presented.
If any member of the Grand Jury is
charged with an indictable offense, or
is a prosecutor, or if the OfIense was
committed against the person or prop
or if he is connected by blood or
marriage with the person charged, he
should not be present, or take part in
the deliberations of his fellOw-jurors.
If from this, or any other cause, your
number should be reduced to less than
twelve, you must suspend your proceed
until the fact is reported to the
court and the vacancy supplied.
There are two modes by which you
may inquire into offenses. One is from
TOur own knowledge; the other, upon
he
TESTIMONY OF WITNESSES.
It is your duty to inquire of one an
,ther of any knowledge you may have
# ~Offenses, and each of you should dis
any hAOW ACuBC NOu may nave Vi
attractions of the criminal laws,
md if you are satisfied that an indict-
lble Ofiense has been committed it is
our duty to make due presentment of
he same.
A presentment is defined to be notice
aiken by a Grand Jury of Offenses
within their own knowledge or observa-
ion, without any bill of Indictment /,
lfd hafpra than Of tho gFYff Of tn
tate. The practical distinction, 50 far :
s your duties are concerned, is simply I,
nat the pTesentment originates upon I
our own knowledge, and is signed by
t least twelve of your number. While '
Il Indictment is preferred and signed &
y the Acknowledgement, and require {
lg save in special cases excepted by s
the Endorsement of a prOsecu- [
Jr. If twelve of your number concur
finding a true bill it should be in {
orsed accordingly and returned into )
pen court, signed by the foreman. If :
true bill is not found by such concur :
9nce, It should De 50 Endorsed and =
gned in like manner. .
The law determines that there are GER !
I'm persons incapable of committing '
-imes, such as infants under seven
ears of age, idiots, lunatics, and in a
instances married women commit 8
ng felonies in the presence of their p
1sbands, when the Law presumes they a
;ted under theirinfluence and coercion.
Under the head of Criminals and
Code of Tennessee, from sec :,
on 1887 to 1927, inclusive, you will find :,
lie various definitions of crimes and Of u
nses as will come officially before YOUR
)tice, except such as have been created
nee the adoption of the Code, to which
)ur attention is directed; and the At .
rney-General will give you such fur a
.er information about them as you may
quire.
are certain laws for the preven-
OF crime, where, if you suspect their
OlatiOn, it is made your duty to send
witnesses. Your foreman may SUBJ
ena them himself, or direct the Clerk !,
do it. =
When the witness comes before YOU y
Is to be examined under oath; and if -
u are satisfied from his testimony that =
indictable ofteRse has been commit D
!, you are then to proceed just as if
e Of your number had given the
INFORMATION W
hat is, you will inform the Attorney =
sneral, who will prepare a charge, sub az
It it TO you, and if you find a true bill
u will return it into court signed by
Give of your number, with the names al
the material witnesses Endorsed bl
ereOn. SO
Your power to send for witnesses is w
lited, but in certain cases it is made
III duty to do so; that is, when you
Ipect violation of the following laws: "
d. In cases of gaming. ps
: Taking toll at turnpike or toll bridge ~
sned by law, when out of repair. 80
!. Illegal voting. "
/. Tipping.
/. Disturbance of public worship. he
/. Injuries 10 public buildings. co
!. Adulteration of liquors. tn
+. Carrying arms. Ia
/. LewdneSs.
0. Selling or giving weapons to mi Wa
]. Going masked or disguised. an
he Judge gave in charge specially the mc
/,
PROVISIONS OF THE LAW, a..
ich the Court, he said, is required sih
give, for the reason that the law IN.
kers have thought it of vital hi
Dortance that they should be en-
ed:
irst-The offense of carrying bowie ha
YES, Arkansas toOthpicks, or other He
lpODs of like form or size. rel
econd-Tbe selling of spirituous or
GUS liquor in less quantities than a !
without license, and selling spir- Me
rus liquors on Sunday. ser
unlawful circulating or ger
by any person or corporation, va
k notes, without the authority Of the .
te or Federal Government. :
ourth-Bribing votes; treating cleo s.:
fnr tho nrrnOSa of obtaining vofQa udt