The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-09-06

STAGE or the indictments Agafns,
Duhh, Cardozo, Hoge, Parker. Ow.
ems ana Otherg-The Grand yavy
2iara at Work Ali Eay-No Finding;
Special Df.puteh 10 he CAa,festcn s,s, end op,i.,
CoLUMBIA, Aug. %, 1877.
| 1he Court OF General Sessions, special
;3r1p, met this morning at 10 O'Clock,
Judge Kershaw presiding. Ths grand
jury mad been summoned, and were pres
ent to the number of seventeen, tone
peing absent from the State,) of which
number nine were white and eight col
ored.I aheir names are as follows:
wv G. Chiids, foreman Samuel ~.
irwin. ). w. Levy, J. Q. Conway, Alex.
Dunlap, Geo Griffin, jr., Benz Simonds,
). Q: Cannon, M. L. Kinard, F. ingalls,,
Il. Mack, II. B. Culton, Jim Singleton.
=. =. Boyle, ID. l.. Sem, Alex. Brooks,
The State was represented by General
Conner, Solicitor Abney an: G. r. Miles,
Esq. -''
immediately on opening court, Judge
Kershaw asked the Attorney General if
ne had any indictments. Gen. Conner
said he had, and proceeded to state the
general character of the papers to be sub.
mitted and presently to be partioularized.
Judge Kershaw then turned to the iury
and delivered his charge, as follows:
JUDGE KERsHAw's CHARGE.
Gentlemen Of the Grand jury:
1t is made my duty, before you proceed
with the business with which you are en-.
trusted, to charge you as to the nature.
scope and Importance Of your functions,
and TO draw your attention to any riu tiers
requiring your action and determine Ion.
Without OBTAINING you with disserta-
tion upon the origin and history of the
institution known as the grand jury, an
inquiry which would take us back into
that remote period where English history
is lost in the shadowy realm Of myth and
tradition, and investigation becomes more
curious than profitable, it is sufficient to
say that centuries ago it had come to be
established as distinct feature in the
administration OF criminal law in the
Kingdom of Great Britain, and was 70 o!nd
to be 80 useful and important ba Il 81
against oppression and corruption Il, II it
hes s7er since held its place as ,r,:at
bulwark of British liberty. Like I'll
other human institutions it has solne-
times been abused and degraded into an
Instrument of private maleyolence or
political oppression, but upon the whole
its history proves 1t to have been shield
to the innocent against unjust accusa-
tlons, whether proceeding from private
malice, popular clamor or the tyranny of
rulers, and to merit the encomiums of its
admirers, one of whom lauds it ss "the
soul of English liberty"
Our own liberty-loving ancestors we'll
understood and appreciated its value. and
incorporated into their constitutions the
! most ample guarantees for its maintep-
ance as great conservator of American
Liberty. The constitution of the United
States declares that mo person shall be
held to answer for capital or otherwise
Infamous crime unless on q presentment
of grand jury" Gad ouE oHa State coz
stitution (which, whatever may be the
defects of some of its provisions, is in its
spirit abreast with the foremost in all
that tends to the preservation of the lib
critics of the people,) provides that eek
cept IN minor offences, cognizable before
: JGs.!c5 c. the pescs, no person shall Re
held to answer unless upon the present
ment Of grand jury"
The office, then, to wh ich you are
called, Mr.: Foreman and gentlemen, is
one IN which you may and should take q
just pride, and come to the discharge of
its high functions with certain eIeva-
ton of thought and spills worthy of its
dignity. The chief among these duties,
gentlemen, is that of passing upon ali
such bills as are given you ir charge, and
pronounclng, under the solemnity of
your .oaths, whether the charges they
contain are properly true or false, after
the examination of witnesses and due
consideration OF the testimony adduced.
In regard to the nature of the offences
that may be alleged in the bills brought
| before you, end the evidence necessary
to support them, you will be specially
instructed from time to time as NAV be
found necessary. Here I shall only give
| you such general instructions as may
apply TO all the cases brought before you
or such as appertain to your duties aside
| from the finding of bills. The witnesses
examined before you will first be sworn
in open court, and may then be called
before you as the convenience and dis.
patch Of business may require. You will
first call the Witnesses brought forward
by the Solicitors, whose name will be
found written upon the back of the bill
of indictment, and examine only so many
of them as may satisfy you that the
charge contained in the bill under con.
alteration ID probably true. Whenever
30 satisfied you may make up your find.
ing without calling other Witnesses, buj
in all cases it must be borne in mind that
twelve OF your number must agree in any
finding or presentment you may make
After the examination of all tho witness
e3 sent before vou hy tha Drosecufinu
officer Of the State, If the matter stiii
remains in doubt, other witnesses may be-
called by the prosecuting officer. In
which case you will come into court, Mr.
Foreman, and announce the fact thai
further evidence is.desired to be brought
before yoh, when such action may ii
taken by the court as may be proper un
der the circumstances. .
If, after the examination OF all thu
witnesses adduced, twelve of you do no
agree that the charge iB probably true
you will return the bill accordingly. 1
yoa Ed t--1s I'LL, ILL Aas- Aas- E'c-c-ee., -cc--ee.,, &c.
will write upon the bill the words, "Trut
Bill" and sign your name as foreman
If you fail 10 find d bib you tyill writ,
upon it "No Bill" and sigi. it in lik,
manner.
And here, gentlemen, 1 call your atten
ton to the oath taken by your foreman
in your hearing and assumed by each on
of you on your own part well and trul,
to observe and keep. and This I do not Q,
much to impress it npon your memory
(because wonId not nssume that any o
you cotld forget an obligation of sucl
s.ncsity,J but because it contains III
epitome of yonr duties, and in some re