The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1878-02-21
CIRCUIT COURT.

The Court Of General Sessions convened
OF, last Monday morning, his Honor Judge
Mackey, of the Sixth Circuit, presiding, and
o,1r able Solicitor, Col. ]. 8. Cothran, being
al his post Of duty The Grand Jury va,
organized by the appointment of Ma. B. D.
Dean foreman. The Petit Juries were or
gnnized by appointing Mr.. ]. j. Baker fore
Ian of Jury No. /, and Col. Joshua jaime.
son foreman of Jury No. 2.
Judge Mackey then proceeded to charge
the Grand Jury as follows: /.
tits your duty 10 act upon all bills which
nay be presented to you. These bills are in
the nature of accusations in solemn form
BIZ the State of fsSouth Carolina against some
one or more of her citizens. You will e1-
anime only the witnesses upon one side OF
the case, for if it was otherwise your judg-
nlent would be prejudicial to the accused,
BIZ placing him under a cloud OF guilt, and
removing from him the protection of his
presumed innocence. You will act upon
probable cause. If this exists in any case,
you Will find d=agtruebill," and if not you
will find mo bill :" except that in cases
OF homicide il there has been killing; II
is better to find a true bill, whatever the
excuse may be, and let the party be formal;
ly' acquitted by the Petit Jury. You will
make an inquest into the public offices OF
the County. A public Office is high trust,
and the officer is only the agent of the Peo-
pie. There is great responsibility attaching
tc' it, and there is also great honor when
properly discharged. Examine the offices,
and inform the Court Of the manner in
which che law has been complied with.
Seek such facts as will enable you to COM
N end where it is merited, but do not hesi-
tate to censgre fearlessly when it ID deman-
did by the facts of any case. If officers are
neglecting their duty, they can be put on
trial for nom -feasance in Office, and punish-
eel as their offences may deserve. There is
q matter within your survey which atfec.s
the prosperity of your County. 1t is the
discomfort end insecurity to persons en-
g,.ged in agriculture from the purchase and
sale of agricultural products in the night
time. The act to punish the sale Of seed
cotton after sun-down does not authorize
the sale of other products, as some suppose;
but If the sale of any agricultural products
al night renders agriculture insecure, and
disturbs the peace and contentment of the
community, it is indictable as q nuisance,
and you should so report it. TIE trespass
of cattle on the growing crops of any per
son is clear violation Of law in those
Counties which have adopted the new fence
law, and the owners Of such cattle are lia-
Bile to respond in damages TO The person in.
jured. But, it may be said, they can claim
the homestead exemption. This is true OF
work animals, but not of milk COWS or
calves. If the owner of. O. cultivated field
Stays cattle trespassing on his cultivated
field, itwould be o harsh and perhaps un,
act, but there is nc, law to pun
ish him for2so doing. The statute against
malicious mischief does not apply in such
csse, for if the killing is done to protect
ones crop, it is lacking in the essentials Of
malice. There could be no indictment sus-
tained against the man who slays cattle In
his cultivated field, but there could be un-
der the statute for malicious mischief
against the man who HilfIlly allows his
cs!ttle to run upon the crops of his. neigh
bor, for the law presumes he intended the
of his acts. II you think
NJ ore legislation upon this subject necessary,
You can no present, and it will be forward
ell to your Senator and Representative.
You should also examine the condition of
your roads and bridges. The highways Of
your County are the measure Of its ciyiliza-
ton. The student OF history can state as
general proposition that the civilization of
any people is read in the character Of their
commencing with the path OF
the Indian through the forest, and passing
to the County road and The turnpike TO the
great railroads Of the world. The roads are
tht. arteries through which the life-blood of
commerce puisates, and the County Com
must see to it that they are kept
in good order, with the bridges in repair.
They. have the labor of all persons from IL
to 90 years of age in the County for five
da,rs:nt; their disposal, and, this Is equal to
So, 600 In anderson, ana should Keep yGpr
roads n eAcenens. 9taer. ttsI,,,;,s;n Aaans ans
rof cobHisioor ,b;nS ~ ~ sns ars red fsr
tne expense q sustal9g Tue Raapsls, anu
she incomS rom she lain t, Poat .at.or smeoo oo
facts, together with such otner mattei as
you may deem proper. LOOK lnso tne man
ner IN Thlch the otner puoEc ounces oi sne
County are Kept; YlsIt the 9ali anu see II
it III neatly kept and the prisoners properly
cared for and leo. report upon tnese ana
any other matters a1ecting the Pnplc wei
faIo OF the community IN WHICH you re-
side. -. 49,, a;.no.od
Inc sessions business was 'hen o''poSeu
Oh ls ioaioms LAD N.,,.o nv, ,,,,
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