American citizen. [volume] (Canton, Miss.) 1864-1890, 1873-03-01

secure to the owners, or our country will never |
prosper. Where property is insecure, pros |
perity will flee away. The hard working far
mer of Madison county must be protected IN
the enjoyment of his cotton and all the crops
which he has produced by the sweat OF his
face, and you to, among other things,
to give them that protection. See that no
one who is guilty of grand larceny escapes
punishment. 1t is the certainty of punlsh-
ment that prevents crime. Let the abandoned
wretches who follow stealing as an avOcation,
who have no respect for the rights of Others,
be taught to respect the courts and juries of
their country.
When a human being has been killed. it
will be your duty to make full investigation
into all the facts bearing upon the case. Your
daty in this respect is more grave and of
greater consequence chan in any other.
Where human life is not secure happiness can
never come. If human life can not be pro-
tected, government is a failure. This greatest
of crimes encourages and sanctions all other
crimes. l hope, therefore, that you will I'M
dertake your duty in this matter with prop
er conception of its gravity and Importance
| If it 10 established that human being has
| been killed, you will first inquire whether it
was done by accident or misfortune, or by the
fault of another. If not by accident, if not
| in self-defence, it then becomes your duty to
inquire INTO the grade of the offence COM
mitted.
The killing of human being with pre-
meditation with design to effect the death
OF the person killed. or OF human being
with malice aforethought and not in ne
cessary self-defence is murder.
The killing OF human being without malice.
unawfully. and not in necessary self-defence, is
| msnslaughter.
The killing of q human being by authority Of
law or in necessary self. defence. is justifiabe
| hounf cida In the grade Of the offence
in cases Of homicide If any doubt should arl-e IN
your minds as to Whist crime has been committed
you should give the State the benefit OF the doubt
In other words, if you are in doubt As to whether
| person ia gnilty OF murder or manslaughter. 1t
is your duty to indict for murder. An indictment
for murder includes and embraces within itself an
indictment for mansaughter. and being indicted
for the higher offence cannot operate to the pre-
judice injury of the defendant because the jury
who afterward try the case must be controlled In
rendering their verdict by the evidence in the
case. 1t is the duty Of the Grand Jury to consult
with the District Attorney when questions arise
AZ to the technicalties Of criminal offences
| (Jndge Cunningham called the attention Of the
Jury to. sections 272l 81 sequifur of the Revised
Code Of 1871, which were founded in law en-
titled An Act to prevent and punish certain
| crimes.
To section 1912. on the subject of fines collect
ed by certain officers and also to come other mat
ters, and then proceeded. rs follows:l
These matters, gentlemen. are gwen you in
charge. and it is your sworn duty to make inquiry
| concerning them. You also required by youI
oath to make inquiry into such - matters As shall
otherwise come to your knowledge" 1t matters
not what may be the source Of your information
if it is from any reliable source you should in
vestis ate and satisfy yourselves as to whether
, any crime had been committed. You being here
from the various districts of which tie county is
composed. have an opportunity Of kno wing o.
offences that may have been committed in al
, parts of the county. and where any one OF your
. number may know Of matter. proper tor the at
tion of the Grand Jury. it should be made known
: and considered in full jury other cases.
You are the Grand Jurors for the State within
the county of Madison, and it is your province
and duty to consider offences generally against
the laws of the State committed within THU
county. You have been chosen from all the pe0
pie of the county to perform the duties now iE
posed upon you, and let your action be such al
will do honor TO yourselves and the position you
hold, and insure to each of you the satsf. .ction
that results from faithful and conscientious dis
charge Of duty.