Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-11-13
LAW REPORTS.
RartIe1t Circuit Court.

! From our Special Correspondent
! BARTLETT, November IL, 1874 The |
: November term of the Bartlett circuit /
! court met on Monday, ninth instant. |
Hon. J. E. R. Ray presiding, with our
worthy clerk at his post. Deputy-Sheriffl
I. 7. Taylor is the officer OF court, and
Constable r. s. Shivers officer of grand /
jury. Attorney General Albert NJ. Ste
| phens IS absent on q tour to the gold
coast; Colonel G. R. Barteau was ap-
pointed encouragement pro tenn, and,
having been sworn, entered upon the
discharge of his duties. The colonel is
an able lawyer, and eviI-doers will hear
from him. The grand Jury is composed
OF the following gentlemen: Chamber
layne Jones, foreman; Wilkes Canada,
w. B. EdmOndson, A. J. Brooks, Watt (
Powell. w. T. Csrmach, S. L. Wynne,
G. N. Taylor, A. r. Hall. w. z. Day,
K. M. Vaughan, W. 7. Noblin and I.
ID. Massey. These are good men, repre- ,
senting all parts of the county, and will
no doubt make due presentment of all
violators Of law. The charge of his
honor to the grand jury was able and
exhaustive. When his honor reached 7
the law for the preservation OF the pub
nc peace he grew quite eloquent. The :
law was passed January so, 1870, and is =
as follows:
CHAPTER LIV.
An Act 70 Preserve the Public Peace n
SECTION l. Be IL enacted bg the General r. 7
sen1btB Of the State Of T5yHeSsee, That IL any D
shall Prowl or travel, or ride or walk through q
the country towns of this state to the dis n
tSIoaInees OF Ine peace or 10 the alarming of %
the cltlzens OF any portion of this State, on y
CONVICTION thereof shall be fined not less II
than one hundred dollars nor more than I'VE %
hundred dollars, and Imprisoned in the
county jail of the county wherein convicted
al the discretion of the fury trying the case
Section 2. Be Il further enacted That if anv
person or persons, disguised or in mask, by Z
gay or by night, shall enter upon the premi-
ses OF another or demand entrance or admis-
sion into the house or enclosure OF any citi-
zen OF this State, ii shall be considered prfBla
1dete, that his or their intention is to commit
a felony, and such demaE shall be deemed
an assault with intent 20 commit felony; &
and the person or persons so offending shall II
ment in the penitentiary not less than ten
years nor more than twenty ears.
section ). Be u further enacted, That if any
person or persons, so proving, travelling,
riding or walking through the towns or eoun-
tIy Of this state, masked or in disguise, shall, A
or may assault another with deadly weapon
he or they shall be deemed guilty OF al a..
sault with intent TO commit murder in the
n1st degree and on conviction thereof shall
suffer death by hanging; Provided the Jury We
Trying tue cause may substitute imprisOn-
ment In the penftentiary for a period OF not
years.
Section L. Be tt further enacted. That n shall
pc the duty OF the several judges of the cir
cult and criminal courts Of this state 10 give
tnls act in charge Of the grand juries az each
Section 5. Be &c further enacted. That the in
grand Juries of this State snail have full
power 70 compel the attendance Of witnesses ca
wherever they or any of their body may sus-
tReet violation OF any OF the provisions of Ell
Section 8. Be il further enacted That the
governor OF the State is hereby authorized 10
oner reward Of two hundred and fty dol an
lars for the apprehension and delivery 10 The
sheriff or jaiIer of any county in this Stste tn
any person who may be guilty of a Violation
Of the second or third sections of this act.
act shall take effect from and after its pas ell
sage. Pos
speaker of the House Of Representatives.
d. B. THOMAS,
Speaker Of the Senate
Passed January 80, lS70
The charge was, In substance, as fol- +
ows:
CHARGE. AL
l cannot too earnestly invoke your
torts in ferretting out and bringing to
punishment all offenders against the
PROVISIONS OF this law, snd to this end
be law authorizes you to compel the tiV
attendance of witnesses, whenever and Nc
you suspect a violation of it. ha
70 man has right to reek his ven str
eance, or seek redress for wrongs, c
whether real or imaginary by awaiting as
himself OF disguise to accomplish his by
purposes. 1t is not only unlawful Co.
ut it is cowardly to do so. No one,s g7S,
fe is secure where such conduct is tole- an an
ated. hope no such offense has or fac
yer will be committed in this commu-
ity, or again within the borders of 7
'ennessee. A few months since some or I
utrsges of this character were COM Bro
litted within our borders. (Some of SURF
hem, however, were done under very
ocular and aggravating circum-
.ances.) They were, nevertheless. DO
-rong, and so denounced by sli
Ood citizens, and if the wrong
Oers alone were the sufferers G
nd made 10 pay the penalty annexed the
} their crimes, il would be more toler. f ffsII
Die; but, unfortunately for our good Coll
anne and common interests, such was Cor
ot the case. Upon the happening of PAL
lose events, we, as people, as State,
ere heralded to the world as q lawless.
otOus, murderous, and iail-breakin0 \
sople. We, as whole people, wers ally
and Federal authority in uuc'
)ked to preserve law and order in our larg
idst. The people of Tennessee deserve n
, such condemnation; her fair name us.er
I'd reputation should not be furnished
the outrages of few lawless men,
Oh as infest every community north,
I'LL, Gd6A 6u0 Mc5Ls AhEf are LOU De-
liar to any section or to any locality q or or
{ pervade the whole country. How conc
er, seeing the consequences to us of With
CHI conduct, It should make us the yoi
ore vigilant in upholding the with
ajesty of the law, and pun pare'
ling those who violate IT, tns pa
is not the fault OF the law or of the time.
v officers, but Of outlaws, who are TO in on
found in all communities. Let US, u,
en, declare to the world, by our con- % ei
ct, that every man, white or black,
ali alike be protected by the strong
u Of the law; and that all offenders, =
whatever race or color, shall be
,ught to speedy punishment. l some
hes have reason to believe that our He
ored population think their rights the al
der the law are not 50 much respected sue 81. q.
the whites This, so far as know a. al We "
am advised, is an error into which near
" have unwittingly fallen. You and 2osy
now that the preservation offaW and DER ca
er is necessary to our prosperity and with I
epines as apeople, and to the security 6 fsw ),
our homes, our wives, and our chill Der b
n. Then let us afford no pretext for cents.
being said that we are reckless .5, n, ,
Indifferent to our own interests;
Us show that we are capable, Go
ling and ready now, as we have ever
o, to enforce our own laws, and that til
led Federal Intervention In our do F erI sa
tic affairs is not only unwise and
necessary, but wholly gratuitous, and, $40
l think, without authority of law, PAYS
Ii this chart of your duties, feel ~ u
fident that you will, as heretofore. FRI
harge your duties faithfully and eff cent b
Itly; and, in conclusion, would ask M
, in the exercise Of the power con- ana &c
ID ON you, to consider well the cir ooild s
afanoaa tho natives and o,c,ltLf4ta-f