Martinsburg weekly independent. [volume] (Martinsburg, W. Va.) 1873-1875, 1874-11-28
TuEspAy. November 81.

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morning at IL o'clock. The grand
jury was sworn and Judge Hoge
proceeded to charge the Grand
Jury, delivering o very impres siye,
learned and comprehensive charge
We expected to be able to give =
in full, but from want of suffice
time to fix up onT, notes, we defer
its pu LEGATION until tomorrow.
Mr.. VIM. I'll. Mong was appoint
ed foreman, and The grand jury
was sent 10 its room.
Tire petit jury WIS summon q
ist io-oay. 80 there were 10 tlals.
Tie motion docket was iakeu up
and several cases were dismissed.
His lionor notified all parties
in civil case and their Witnesses
that the week would he Devoted 10
clearing the criminal docket
and ihe issue docket would be post
poned until Monday next.
WEDNESDAY, November %.
Hon. Jno. Blair Hoge, Judge
Il. S Troxell, Esq, Clerk A. J.
Thomas, Esq, Sheriff; r. M. Price
ESQ.,, States Attorney.
We referred yesterday to Judge
Hoge's charge to the Grand Jury,
and hoped to publish it entire, but
are compelled by want of space to
omit the greater portion of it,which
consists of reference to various
statutory enaetments, and the or
binary subjects usually given in
charge, and confne our report 10
that part of it which ON account Of
the intensity of feeling that exist
ed among our own people III refer
ence to the hanging of John Tall
Zero and the excitement that event
occasioned abroad, will prove pecu-
liarly interesting. Tie soundness
of the principle enunciated by
Judge Hoge cannot be questioned,
and his calm, courteous and dig.
nifed expression in regard to that
event can but be admired: The
Judge spoke as follows:
am not at liberty To close the
charge which / am required by the
statute 20 deliver to the Grand
Jury, a each term of the court,
without advertipg TO another sub
ject of extraordinary character. A
recent event in this community,
although not known judicially,
here, is of such wide spread noto-
rieiy shat il would be the merest
affectation to ignore its occurrence.
Ii has, in fact, already become
part OF the public history of the
county and the State.
A Judgment OF this court, at its
last ierm-s pended by the au-
thority of superior tribunal-has
been executed by other agencies
than those which the law pres
cribes and appoints for the execu
cution of IFS DEGREES. What these
agencies W ere, or to what extent
they were constituted by the action
of citizens of this county is I'M
known, and, probably, Will remain
unknown, whal ever judicial inqui-
~ may be instituted.
II is understood, however, that
large number of persons, usually
controlled by that regard for law
and order so characteristic of the
people OF Berkeley, convinced Of
The guilt of a prisoner who had
been convicted of a fearful crime,
and believing that the example of
his punishment was essential TO
the welfare of the community, be
came impatient of the delay occa-
stoned by the interposition of the
Appellate Court. Without respect
for the paramount authority of
that tribunal, and in utter defiance
of the law of the land, they carried
into effect the sentence of death
which had been pronounced from
this bench.
This action, unfortunately,is not
without many terrible precedents
in both the earlier and more recent
history Of the country. Compared
with The circumstances attending
most of them, with which we are
familiar, it was less marked with
violence or excitement: for they,
who took upon themselves the
Office of executioner5 of the laws
sentence, did not usurp the juris-
diction of this court or invade the
province of its jury; nor, does it
appear. did they add to this one
act any further deed of lawless-
ness. These facts, however, do net
change the character of their of
fence.
That offence. i am bound to say
to you, was one which, because of
y its magnitude, it will be difficult
to make the subject of investiga-
tim or fnllnw hv nnniRh mani