The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1877-05-23
ae Press and Banner
w sdnesday. May %, 1877.
The Work Of the Court.

asst Monday the Clerk called n Coul
on o'clock and most of the jurors An
ered to their names. After the CouI
$ organized recess was taken to avail
arrival of the Judge, his Honor J. F
Jed, who had been requested by tn
dge of this Circuit to hold this Court il
stead.
1t two o'clock Sheriff Jones, wit
yord, plume and cooked hat, escorte.
Honor from Wier's Hotel to tn
urt room, and upon taking his seat tn
dge ordered the Clerk to read Judg
oke's letter to him requesting him t
Id the Court.
The Grand Jurors were next called
hen his Honor remarked that it wa
e old habit for the Solicitor to give GU
cases before the delivery of the charg
the Court. It was the custom whel
was Solicitor and he liked the oil
by. Tho Solicitor, Col. Cothran, thel
nounced that he had five cases, whicl
ere then given out.
The Judge prefaeed his charge to tn
and Jury with a few well-timed word'
me what As follows: I AIN truly happy
meet once more the citiZons Of tn
oud old county of Abbeville ; a county
hich has ever been distinguished fol
G intelligence, culture and high-tonet
orality of its citizens. Fer eighteen
I~nsecution years, preceding those o
e last ten, / attended as prosecuting at
Iruev. every session of Court held al
lis place but l recognize to-day but
mparatively few who frequented the
burts in those days. Things have great
changed in these few years. New
en- have come upon the stage and taken
Ia places of those whom 1t was my
ont to greet in years hat are gone by.
hen it was that 1 travelled this circuit
company with that bright galaxy OF
s~tinguished men who IN their tim g
lied the high and responsible position
hich I arm now, in my feeble way, at
empting to fill. Those of you who are
d enough can recall them in memory
Fithout an effort and those who are too
loung to recoIlect them, remember them
rom having heard them spoken of, rs
hey were grants In those days. Remem.
ering their illustrious examples / en-
eay0r to emulate them in the con-
eientious discharge of my duty as 1 un'
erstand 1t.
I presume you were:bythe Circuit Judge
a the Jan'y term Of court, fully instruc.
ed az to your duties, which fact relieves
ne of much that l might otherwise say
bne of the most important matters fol
GU to consider and understand il, your
bath, which has been more particularly
administered to your foreman, but to the
est Of YOU in substance. Have due re-
bard forit It defines your duty fully,
Ind by its observance you will not in
ringe upon the duties Of otherS Your
bath requires you to well and truly try
III cases which may be brought to your
3ttention. You have ON oversight OF the
beace and good order of the county. II
Inv Of you find that the criminal law has
been violated it is your duty to take no.
lice of the fact, and should take the neces-
barry steps to bring offenders to the bar OF
Justice. It is not unfrequently the case
hat the weak arc afraid to prosecute.
they are afraid to do so because they fear
10 incur the ~displeasure of the strong and
b~yerbearing. I would especially direct
your attention to the %tyranical disposition
bten eyinced by the petty officers Of the
law, and their harsh manue of perform
Ing their duties. This with eenstables is
a grievance, hard to be borne.
1T is the province of the law to protect
the weak, and if you know Of any such
violations Of propriety and justice it is
|your duty to present the fact to the atten-
tion of this Court
Whatever transpires in the jury room
H. not to be divulged. 1t is a part of your
oath TO keep secret whatever transpires
jim the jury room. You have taken a sol
emn oath not to divulge it, and with q
oroper regard for that oath you cannot
tie odium Of your act upon any one
lumber. The act of the jury is the act OF
the whole jury, in fact, the act of the
No single individual is response
BILE. All are alike responsible and all are
bound by a solemn oath to divulge nothing
takes place in the discharge OF
YOUR duty to the country. You should
leave no one unpresented through fear,
but YOU should bring all violations OF
law to the notice of the Court. a faith
full discharge Of your duty will do more
to conserve the public peace than any
thing else.
I do not know the habit in this County,
Int it was the habit in Charleston and
Orangeburg when I took charge Of the
circuit to indict every body with assault
and battery, with intent to kill" no mat
ter how slight tho assault might have
been. The charge Of assault with intent
to kill is q serious one, and 1t II your
duty to satisfy yourself that there was
conspiracy, or intention to take
life before finding q defendant guilty OF
intent to kill. The jury ought to be salts
fled that murder was intended, otherwise
YOU should find a true bill as to simple
assault. In eighteen years experience as
Solicitor Of this circuit I had not three
cases of assault and battery with intent
to kill.
Assault and battery Ia the rude touch
in a revengeful manner whether with in
tent to kill or not. II the offense is a
trivial one and unworthy the notice of
this Court you should find no bill and
not intict the expense Of the trial OF
such unimportant cases upon the
country. The bringing of these cases
to the Court il often a greater grievance
than the commission Of the petty crime
alleged to have been committed. Before
Trial Justices were paid salaries. in
the city of Charleston they often i'm.
properly sent unimportant cases to
the Court, As they received their fees OF
commissions for the cases sent up. This
system clogged the business of the Court
Nv DCSOulC so St3CSSaS coNASS VI NS"ts
and annoyance that the law regulating
tho pay Of Trial Justices was altered &c
that they received a salary. Since Their
the criminal business has wonderfully
decreased. I believe it bad policy Il. pay
Trial Justices a premium OF commission
On the business they may send to thi!
Court.
Twelve Of your number must agree Il
find a true bill in any case. II twelve o
your number fail to agree find no bill.
The papers were handed to Mr.. E. A
Mars, the foreman, when Jury retired.
His Honor enquired IS to the custom o
the Court in trying civil business befor'
tho conclusion Of the criminal cases. AT
ter General MCGOWAN and Col. Perrin
had conferred with the Judge, calendsl
No. s was called daring the absence o
the jury
We report progress In the followin,
State Y. Harry Hampton. In dictmen
robbery. Guilty.
State v. Caroline 'Tribble and Jak'
Maxwell Indictment arson. Crane
Jury returned no bill.
State ". Steven Dixon. Indictment
assault and battery, intent to kill. NJ
bill. - - ..sls,z. g..