Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1875-03-19
JUDGE B0WIE's CHARGE TO THE
GRAND JURY.
Gentlemen ofMc Grand Jury !.

important functions with more facility and
dispatch, will call your attention to such
matters as they think most material to be con-
sidered by you.
Yonr Investigations will embrace all offences
affecting The peace, government and dignity
of the State" within the limits of the county
These are founded upon the Common and
Statute law, or Acts Of Assembly aud Code
''To great extent the common or nnwritten
law constitutes the basis of our jurisprudence,
and furnishes the rule by which public. and
private rights are established and secured =
the social relations of all persons regulated,
their rights duties and obligations determn-
cd, and all violations of duties redressed tand
punished
The Statute law depends in great measure
upon the Common for its efficiency and OPP
eration-ihe latter often defining the meaning
of The terms used by the former and, the
measure of proof the prosecution OF crime.
The Common law is found in the authentic
decisions of the Courts, handed down sfor
centuries, as expounded by its living oracles
the judges, who are its sworn expostors.
1t is that great body of right reason founded
upon morals and religion, which prescrbes
ouriduiy to God, our neghbors, and the State
sanctioned by the wisdom and experience
of our ancestry, from the time immemorial.
The Common law governs and controls all
those nnumerable acts, (Which are not special
y prohibited and punished by Statute but
which disturb the public peace, corrupt the
public morals, and undermine the social fabric
II the minor offences against the State are
punishable at Common law. Assaults and
batteries, disorderly houses, notorious and
public drunkenness. public profanity. desc
Grafton of the Sabbath, indecent and lewd
conduct in public, ARRAYS, riots and tumultu-
ons assemblages, nuisances, are misdemeanors
and punishable at Common law, by fine and
imprisonment at the discretion OF the Court
1t is not our purpose, in referring 10 these
lesser offences, to instigate you TO be Extreme
to mark what is done amiss, or multiply,
unnecessarily, presentments for trivial causes.
but.to apprse you that here is body of law
more comprehensive than the Code, under
which almost every conceivable injury to socie
" can be punished
1t is not your province TO inquire into the
private conduct of any citizen. As long as a
man restraints himself within the limits of
deceney in public, he is beyond the reach of
prosecution but when his example or con-
duct, is such as to debauch and demoralze
the community in which he resides, the Grand
Inquest are bound to present and prosecute
him an offender against the peace, govern
meut and dignity of the State.
All the graver crimes and msdemeanors in
volving injuries TO life liberty or property,
are enumerated and classified 10 the Code OF
r Public General Laws and its Supplements and
. !
under the title crimes and pnnishmenls.
In the examination of these, and all other
cases, you will hear statements before the
witness has been duly sworn, and only such
as may be summoned on the part Of the State
Your duty is to inquire whether there is a
''prima tacie' or probable cause" for pre-
senting the accnsed and putting him on his
trial. The Petit Jury are to try and deter
mine whether he is innocen! or guilty.
There should he in every suPh prOOf of
facts, positive or circumstantial, as 10 induce q
reasonable and prudent man, unbiased by
prejudice or Partially, to believe an offence
or crime has been committed, which the safety
of society requires should be prosecuted Pre-
sentiments for slight or trivial injuries to
crafty PERSONAL feelings, should be discour-
aged
No volunteer witness, snch as are not sum
, moned Ey the State, or at the request of the
p Grand Jury, should be listened TO.
In addition TO vonr ordinary duties rs iht
Grand Inquest the General Assembly, by an
act passed at its last session, entitled, An
act to regulate the issuing OF licenses for the
( sale of spirtuous or fermenied liquors in this
State has imposed on GU the responsible
ty of recommending TO the Clerk Of the Cir
cult Court, "the persons or bodies polite
. TO whom any license for the sale Of spirituous
or fermeuted liquors shall be issued.
The effect of the act is il shall not he law
ful for the Clerks of the Circuit Courts of this
State to issue any license for the sale Of spir-
ituous or fermented liquor TO any person etc .
, unless such person shall have been recommend
ed to the SAID Clerks by the Grand Jury.
q Plor 10 this act licenses were issued by the
Clerks under Act - Section - of The
Code.
This act does not invest you with the pow.
er to refuse TO any person. arbitrarily ant
/ without cause a recommendation for license
. on the ground that you are opposed TO lh,
+ traffic for that would be TO prohibit the sale
of liquor absolutely which it is only in The
: power of the General Assembly to do; bu
it authorizes and requires YOU to inquire anf
p Judge whether the applicants for such licenses
| are persons of respectable character fit to bt
entrusted with the privilege OF vending liquors
, To aid You in reaching such conclusions
you may inquire upon oath of witnesses intC
, the character and standing of parties, and i
the result is satisfactory you should recon
mend them.
When the Legislature intended to repeal th
License System aud prohibit the sale of Ii
quor, they have proposed acts making such sal
unlawful in certain locations, or to enable tn
qualified voters of certain counties to deter
r mine by ballot whether spiriuous liquor
) shall be sold in certain counties, or any cleo
, lion districts thereof.
e Such as the Act of 1874, Chapter 453, fol
e Queen Anne's, Caroline, Dorchester and Tai
e bot counties, which are called Local Option
Laws.
E You are invested with discretionary powe
< to be exercised for the good of the commu
: nifty, by selecting from various applicant!
those most fit to be entrusted, but not with tn
: power of "veto' or prohibition.
! Ii would, in our judgment, be an entir
( perverSion and gross misrepresentation of the
= law to assume that the power to recomment
e implies a power to refuse arbitrarily ant
a universally.
The increased facilities of communication
: between this county and the more remote, a
$ well as adjoining counties of the State and III
e District of Columbia, indicate that this coun
v tv will ere long become the home of 4 dens
5 population, and thai cases of magnitude vii
c lie removed hther for trial which will requir
a larger accommodations for the transaction o
judicial affairs The character of count,
: measurably depends on the external appear
n ance of its public buildings and their adapta
n ton to the objects for which they were erected
The slightest observation and most casua
comparison of ours with those of recent cree
. ton in other counties, must reflect most uu
favorably upon our want of enterprise or en-
4 ergy in providing for the due administration
a of justice, and the comfort and convenience o
= citizens well as strangers.
: The jurors grand and petit, are confined il
. Differentiated rooms: the suitors and wit
: nesses rs well as bystanders, have scarcel,
= room to stand and the bar and officers of tn
/ Court are cribhed cahinned and confined.
The General Assembly at the session q
. IS, authorized the Commissioners of th
I n