Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1874-11-13
Judge Bowie's Charge to the Grand Jury.

You are selected and summoned by the State
to discharge mos. important duties essential TO
the exercise Of its criminal jurisdiction in this
Court.
The laws are absndanily sufficient TO effect
the great objects OF civil government The Sc
curty Of lilr liberty anil property, u those by
whom they are mnde, and to whom their exc
cution is entrusted are faithful TO their obli-
cations. From the nature Of our institutions
the people Of this country not only make, but
administer, their laws.
Without their cordial corporation neither
criminal nor civil justice can lie rfleciuaily eN-
ecutcd. Besides their neral support. one OF
The mediums through which The people imme-
diately act is The jury.
The uffice of juror, grand. or petit. is most
venerable for its antiquity; honorable tor its
hik trusts and condolences; and Invaluable,
ms it is indispensable, in the administration Of
justice. Men are apt TO think that whatever
is common or familiar 10 them is Of little inn
poriance. In vulgar phrase. Familiarity
breeds contempt But really, there is in this
grand old institution. from whatever nation il
is derived, whether Greek, Roman, Norman,
or Saxon, more that tends 10 protect and pre-
serve peace, and order, lite. liberty, and prop
erty, than in all the other features OF govern
ment combined.
It's principle is embodied. and its orpaniza-
ton, (if not origin) declared in that maxim OF
magma charta, since incorporated in all our
Constitutions viz;
- That no man ought 10 be taken. or i'm
prisoned, or disseised OF his freehold, liberties,
or privileges, or outlawed, or exiled, or in any
manner DESTROYED, or deprived Of his life, lib
erty, or property, but By judgment OF h's peers
or ay the law of the land.
The peers referred 10 were not the mobiles OF
npland. US class but the .'pares" or equals
of him. who was imprisoned or disseised, or
put in jeopardy--his fellow citizens of the
county, or vicinage Under our Institutions
all men are peers Of each other, aud equal be-
fore the law.
What stimulates industry 10 toll, or enter
prize TO improve, or thrift TO accumulate, but
the confidence reposed by all their votaries in
the judgment OF their peers and the laws OF the
laud
BY what tenure do you hold your farms,
your stocks, yonr goods and chaitels
How are your lives, yonr liberties your
characters protected humanity speaking, hut
bs the firmness intelligence and purity of your
peers, ia the enforcement Of The laws of the
land
Invisible, get necessary, ms the atmosphere
which surrounds rs; .in Them we live, and
move, and have our being"
1t is moi only in the direct discharge Of
official duty that the Juror protects and pre-
serves our rights
There is no other public sphere in which the
citizen more effectually acquires n knowledge
of the elements Of laws. aud The process of ad-
ministering them qualifying himself thus for
the discharge Of magisierial, judicial, or legis-
laiive business.
That eminent English Judge, Sir William
Jones, speaking Of the American Republic,
said: '-'The sum Of my opinion Is, that while
all the American people understand the modern
art Of xar, and learn Jurisprudence By SERVING
in rotation u3on grand and petit .juries, their lib
erty is secure" etc The knowledge of jurs-
prudence acquired by serving on jnries is
placed by this distinguished jurist parallel with
the art of war, means Of preserving civil
liberty. This service in the administration of
laws may therefore be regarded as honorable
and useful, as service 10 arms.
Foreign as these remarks may seem to The
immediate objects Of your organization they
are ELECTED by TIE growing disposition man
Tested by many Of the most experienced eiti-
gems 10 evade the discharge of their civil duties
To this may be ascribed The disrust Of jury
trials manifested in many States, and the de-
plorable innovations which in others have pro-
posed to dispense altogether with the Grand
Jury. and to modify the powers of the Petit in
civil cases by substituting instead of an unan-
imous verdict, the finding of majority, or
two-thirds.
The administration OF justice in all its forms,
is the most delicate and difficult duty delegated
to man.
All our passions, prejudices, and affections
combine to swerve our Judgments in the exc
cuiion of this trust.
Therefore it is that all iis officers, judges,
jurors, witnesses, and attorneys, before enter
ing upon the discharge of their respective
functions, are required to invoke the Most High
10 attest the purity, honesty, and fidelity OF
their conduct.
The criminal law, whether common or stat
ute is based upon the moral. All misdemean-
! ors and crimes are violations of our duty to
| G cd or to our neighhors Whatever, therefore,
undermines and corrupis the moral sense,
more or less inficts an injury upon The State.
You are not, however, to present mere immor-
aliiies as such unless they disturb the public
peace or public decorum The general routine
of your duties is so familiar to most Of you
that it would he superlnous TO describe it in
detail. Ii is sufficient to say that whatever
concerning the peace and order Of the county
| the health safety and security Of its citizens !;
the collection of public monies the economy
of the public service; the highways, schools,
| Aims house, and Jail, are all proper subjects
for your investigation and presentation.
| In regard 10 the weight of evidence which
should induce you to present, have owhere
| found the rule more happily expressed than in
the following language:
t'Doubiless il is. in ordinary cases, the duty
of q Grand Juror 10 find a bill upon the direct
testimony of witnesses where they do not con-
tradict themselves or each other. and where
their evidence is not palpably incredible or
contrary to his own knowledge.
The oath of that inquest is forgotten either
where they render themselves, seems toe
often the case, the mere eonduit-pipes of aecu-
| saton, putting a prisoner in jeopardy upon
such slender evidence rs does not call upon
him for defence; or where, as we have some
times. known in political causes they Illustrate
the ends of justice by rejecting indictments
which are fully suhstanliated by testimony
-lallam's Constitutional History, Vol. 2, p
GOT, Cos
Although the Grand Jury are 10 hear only
the evidence adduced by the State and TO pre-
sent upon Prima facie proof, vet they should
be careful TO require such case 10 he made as
satisfies their conscientious judgments, that an
offence has been committed; otherwise, the &C.
cused is injured by grouudless prosecution
and the State subjected 10 accumulated costs
Since the Adjournment of the last Grand
Jury the county has been startled from its
wonied quiet and sense of security by the per-
petraiion of several felonies Of more than ordi-
nary at-Ocity Arsons and rohberies on the
highway are said to have been committed in
our midst Whilst The enormiiy of the offenc,
should not induce the Grand Jury to present
upon slight testimony hut rather exercise
greater caution in prefering a charge, still
pablo safety demands they should use the ut.
most vigilance 10 discover the offenders and
bring them to condigu punishment. The late
election was conducted in this county, as ia,
as this Court has been informed. in q manner
which reflects great credit upon the people and