The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-09-06
Decia. Dispatch to the Charleston Nsus and Courier
COLUMBIA, Aug. %, 1877.

Special Dispatch to the Charleston Netos and Courier
COLUMBIA, Aug. %, 1877.
The Court of General Sessions, special
term, met this morning at 10 o'clock,
Judge Kershaw presiding. The grand
jury had been summoned, and were pres.
ent td the number of seventeen, lone
being absent from the State, of which
number nine were white and eight col
sored.y Their names are as foliowss
!. Nv. G. Childs, foreman; Samuel W.
Irwin, j. W.Levy, J. G. Conway, Alex.
Dunlap, Geo. Grihin,;jr., Benz. Simonds,
J. c. Cannon, M. L. Kinard, F. ingalls,,
r. Mack, r. B. Culton, Jim Singleton,
J. c. Boyle, D. L. Sem, Alex. Brooks,
O. B. Bates. 80 X
The State was represented by General
Conner, Solicitor Abney and G. R. Miles,
Esq.
Immediately on opening court, Judge
Kershaw asked the Attorney General if
he 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 particularized.
Judge Kershaw then turned to the jury
and delivered his charge, as follows:
JUDGE KERsHAw's CHARGE.
Gentlemen Of the Grand Jury:
It 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 matters
requiring your action and determination.
Without OBTAINING you with disserta-
ton 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 found
to be so useful and important a barrier
against oppression and corruption that it
has ever since held its place as a great
bulwark of British liberty. Like all
other human institutions it has some
times been abused and degraded into an
instrument of private malevolence or
political oppression, but upon the whole
its history. proves it to have been shield
to the innocent against unjust accusa-
tions, 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 as "the
soul of English liberty"
Our own liberty-loving ancestors well
understood and appreciated its value, and
incorporated into their constitutions the
most ample guarantees for its mainten-
ance as great conservator of American
liberty. The constitution of the United
States declares that "no person shall be
held to answer for capital or otherwise
infamous crime unless on q presentment
of grand jury" and our own State con-
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 "ex.
cept in minor offences, cognizable before
justice of the peace, no person shall be
held to answer unless upon the present.
ment of grand jury"
The Office, then, to which 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 q certain eleva-
ton Of thought and spirit worthy of its
dignity. The chief among these duties,
gentlemen, is that of passing upon all
such bills as are given you in charge, and
pronouncing, 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, and the evidence necessary
to support them, you will be specially
instructed from time to time as may 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 sppertain 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-
sideration is probably true. Whenever
80 satisfied you may make up your find
ing without calling other witnesses, but
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 the witness
es sent before you by the prosecuting
officer of the State, if the matter still
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 that
further evidence is, desired to be brought
before you, when such action may be
taken by the court as may be proper un'
der the circumstances.
If, after the examination of all the
witnesses adduced, twelve OF you DO moi
agree that the charge is probably true
you will return the bill accordingly. II
you find true bill, Mr.. Foreman, you
will write upon the bill the words, "True
Bill" and sign your name as foreman
If you fail TO find a bill you will write
upon it "No Bill" and sign it in like
manner.
And here, gentlemen, l call your atten
ton to the oath taken by your foreman
in your hearing and assumed by each one
of you on your own part well and truly
to observe and keep, and this I do not 81
much to impress it upon your memory
| because / would not assume that any 0
you could forget an obligation of sucl
sanctity,) but because it contains ar
epitome of your duties, and in some re
spects requires explanation. You wer
sworn that you would diligently inquir
and true presentment make of all sucl