Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1878-04-04
CIRCUIT COURT.

CIRCUIT COURT.
The Court of Sessions for York county, his
Ho1or Judge Joshua H. Hudson presiding,
convened promptly at ten o'clock, A. NJ, last
Monday. .... ..... ....
The different juries we're impaneled, and
the commission Of Judge Hudson, and the
order of Chief Justice Willard, designating
the present term of the Court for this county,
were duly read by the Clerk. His Honor
then charged the grand jury, in substance, as
follows: :,.,.:y +. ".... r..-i .....
Gentlemen of the Grand Jury: 1t is coinci-
dence worthy Of remark, aud one that creates
in my breast the livelest sentiments, that |
should begin my official career as Circuit
Judge in the Sixth Circuit, for whose inhabit-
ants have the most dear and tender recol-
lections. Though native Of Chester county,
| look to York as my ancestral home. 1t
was in York that my father learned the handi-
craft by which he maintained himself and
family, and the traditions Of the people of
York, and the deeds Of their ancestry, were
first taught to me by my mother And while
l was taught, during my childhood, of the
valor and patriotism of the people Of York
during the Colonial period, ain not unnind-
tul that in later days she has produced men
renowned for craftsmanship and legal ability
second to none-among whom may mention
the names of Col. Thomas Williams and
Judge Smith.
In the discharge Of my duties, hope |
shall be successful in the effort to shsw N.Y.
self worthy of the confidence bestowed upon
me by an intelligent Legislature. can con-
gratulate you, on my first advent among you,
that South Carolina is redeemed that our
people have passed through the vicisstudes
of the last ten years with heroism aud torti'
,ude that our State is disenthralled, and is
now the peer of any in the Union. And in
this connection, it may not be improper to
mention that in the present period of our his
tory, we have one at the head of the State
Government who is the peer Of any man in
theland. Your Chief Magistrate may not be
genius-he may lack the qualifications of a
political information, as some say he is-but
he is pure and spotless patriot, having the
welfare and prosperity Of all the people ofthe
State at heart.
Asking indulgence for the short depression
from the subject of instructing the grand
Jurors, His Honor proceeded to remind them
that they had been selected to discharge an
important trust, as the grand inquest Of York
county, for period Of one year from the pres
ent term of the Court. In this respect His
Honor thought the law had been improved. 1t
is we'll that grand jury should serve for the
full period of one year, as many duties can
be performed by them during the intervals
between terms, which for want Of time can not
be properly discharged during the session of
a Court.
His Honor impressed upon the grand jury
the force and effect of the solemn oath that
had been administered to them, which is COM
prehensive in its character and is not to be
regarded in light or trivial manner. If the
grand jury faithfully discharge the obliga-
tions of that oath, at the end of their service
they will come forth uncontaminated In
their enquiries, they were instructed to be dill
ieent, and to act on no bill or presentment
in hasty manner.
The Importance of Secresy in all matters
transpiring in the grand jury room, was also
impressed upon the grand jury.
They were instructed to present no one for
hate, envy or malice. Men are not to be drag
ged into Court on charges based on envy, hate
Or malice nor should any be permitted to 60
unpresented through fear, favor, affection, re.
ward or hope of reward. Let the individu.
al be what he maya :error to citizens, or
power by reason of wealth-yet on these &C.
counts he should not 60 unpresentel. In this
connection His Honor was happy to know that
the bribing of grand juries was of rare oc
currence in South Carolina, and hoped in this
enlightened day that such thing would new
or occur.
The grand jury we're instructed to pass
upon all bills presented by the Solicitor. All
witnesses would be sworn in open Court, and
no Others would be allowed to 60 before the
grand jury. Before true bill can be rem
dered, twelve members of the grand jury
must concur. If reasonably satisfied of the
guilt of the accused, it is the duty of the
grand jury to find true BILL But a. bill
should not be ignored until all the testimony
offered by the State is exhausted. Then, if
the charge is found to be utterly groundless,
the bill should be ignored.
Another duty of the grand jury is to exer-
else an inquistorial power over the public
servants of the county. This can be done
only by thorough amination of the Of
fees, the books, the records, &c. All the of.
fees of the county should be examined by
the grand jury, in a spirit of fairness and
candor, and not with prejudiced or prejudged
minds. If the officers shall be found to dis
charge their duties properly, report to that
effect should be made; and if the reverse is
found to be the fact, their dereliction should
be promptly reported. Under the present
form of government, we have more county Of
fcers than formerly, and it is impossible, du-
ring one term of the Court, for the grand jury
to properly discharge the duty of examining
into their official conduct For this reason
His Honor deems it proper to instruct the
grand jury to appoint three discreet men OF
their own number, to examine the offices du-
ring the interval between the present and the
next term, and report at the next term OF the
Court. The welfare Of the people is intimate
ly connected with the proper discharge Of the
duties of county officials, and thorough ex.
animation, once year, of their acts, will
have happy effect, as check on officers to
discharge their duties properly. IT, during
the last ten years. an annual examination of
this kind had been made by the grand juries
of the several counties of the State, there is
no telling, urged his Honor, how much would
have been saved to the people.
They were next instructed to enquire into
the manner in which trial justices are dis
charging their duties. Their powers are now
considerably extended as compared with for
mer times. Their jurisdiction has been enlarg-
ed, and they can exercise much power for
good or evil. Therefore, it is necessary to
IN; Ii mo tnh FIJI nara into their official