Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1876-05-25
JUDGE MACKEY EXPLAINS.

The Circuit Court for Lancaster county was
in session at Lancaster last week; Judge Mack.
ey presiding: In addressing the grand jury
on the opening of the Court. his Honor spoke
as follows: - -, a.4"3 -
Mr. Foreman and Gentlemen ofMe Grand
Jury Before proceeding to charge your body
as to its general and special powers and duties
as the grand inquest of the county, ! desire to
revert briefly to an incident which marked
the last regular term of this Court with amost
painful impress. I refer to that incident Of
my own motion, and l shall, trust, express
myselfin relation thereto in language respon-
sive to proper sense of justice; and not ain-
consistent with the dignity ofjudicial station.
In the case of the State against Richard
Gardner, charged with assault and battery
with intent to Kill, the grand jury having re-
turned "no bill," they were admonished by
me, as presiding Judge, that they had thereby
committed a grave violation of law, and were
summarily discharged until thenext ensuing
term of the Court. My harsh action in the
premises was due Immediately to a statement
made to me by person whom I deemed trust
worthy, to the effect that the grand jury had
been Influenced in its finding BY the personal
appeal of near kinsman Of the accused, and
had thus been induced to transcend the just
and lawful exercise Of it's powers. / am sat
is6ed by good and sufficient evidence thatthe
statement in question was false, and that the
grand Jury was impelled in it's action BY its
own conscientious view Of its duty to the State
and to the accused. While believe that the
view taken by the grand jury, in this case,
was erroneous, and in contraveltion of law, If
the fact charged in the Indictment was estab-
lished by the testimony before them. yet, as
they are the sole judges Of the credibility Of
the witnesses who testify before them, it was
an error in the Court to hold, that the fact
having been testified to the grand jury, they
were bound to find true bill. Testimony is
not necessarily proof. and there may not have
been twelve grand jurors who believed the
witnesses, or who, if they did believe the wit
nesses, concurred in their judgments as to
whether the facts proved constituted case Of
assault and battery with intent to kill.
The allegation that / charged this Grand
jury, or any member thereof, with }thecrim
of perjury is false and unwarranted. Such
suggestion is alike repugnant to my Judgment
and my conscience. ! nave never IOr an I'D.
slant imputed corrupt motive to any MEM
ber of your body. Upon the presiding
Judge of this Court is devolved the high and
solemn responsibility Of enforcing and admin
istering, in his proper sphere, the laws enact
ed to guard the rights Of property from inva-
sion, and the rights of persons against vio-
lence or assault. It is the law which, like the
physical atmosphere that surrounds us, in its
effect upon the individual, potent though in.
visible, furnishes to man in his relation to
society the true source and safeguard Of all
that renders life valuable, or its peaceful en-
joyment possible. 1t walks by his side un-
seen in the sunlight of the day, whether he
moves among the marts Of business, through
the worlds great throng, or Journeys alone
upon the highway, or along secluded paths,
and it covers his otherwise defsnceless head
with its impenetrable shield, and watches over
him in. the awful shadows Of the night. 1t
guards with sleepless eye the humble dwell
ings where the lowly make their homes,
equally with the proud mansions where dwell
the lofty. 1t is the duty of the Judge to re-
sist with fearless fidelity to bis great trust all