Osage Valley banner. (Tuscumbia, Miller County, Mo.) 1879-1881, 1879-06-05
PROCEEDHOs OF COLE CIRCuIY COURT

Court opened by proclamation by Sheriff.
=. l.. Edwards, Judge, produced his COM
mission, which was read, and spread upon
the records.
His Honor, Judge Edwards, then deliver
cd the following charges
GENTLEMEN or THE GRAND jury;
You have been summoned from the body
ofyour county as the grand inquest Of the
county, and have bean sworn to inquire into,
and true presenIments made. Of sll such mat
ters and things a. shall come 10 your knowl-
edge. according TO your charge, OF all offences
committed against the law in yOnr county.
The ofEenses into which you are required
20 examine are divided into two Glasses
feloniss snd misdemeAnors.
The term afgloryn Il defued by the statute
10 be ''sn offence Punishable by death or i'm
prlsonment In the peuItentlAry." There is
no limitation 70 the crime Of murder. In all
other felonies, your Investigations are con.
fined to offenses committed In the last three
years. The statute provides that In ali cases
Of felony, the party accused Of committing Il
may, upon fling the proper complaint before
en- officer authorized by law 10 hear such
complaint be arrested aud brought before q
proper officer, who is authorized 10 hear such
complaint, without unnecessary delay; aud
II, upon such hearing, the Otticer is tatIsaed
that an offense has been committed, and that
there is probable cause to charge the accused
with the commission Of the offense, he shall
bind him over to the circuit court, or commit
him to Jail, 10 answer any indictment thst
may be preferred against him, and shall also
| recognize all material witnesses to appear
at the next term OF the court, 10 tealify before
| the grand jury in the case. The papers In
such cases sre required 70 be returned 20 the
circuit court, and IL 10 the duty Of the clerk
| 70 hand over such papers TO your foreman.
J This does not prevent you from investigating
isny other fs,ony committed In your county
where no such proceedings hsve been had;
but 1t is your duty TO investigate all felonies
that may, in any way, come to your knowl.
edge. In all caseB where information is
given your body that felony had been COM
mitted, you should require your clerk 70
epter, on the minutes OF your proceedings,
the name OF the party giving the Information
as prosecutor and II, upon the hearing the
| evidence Of the case. you do not find true
bill against the accused, or that there was
| probable cause TO charge the accused with
ihe commission of the ofense, you will
determine whether the prosecutor or State
shall pay the costs, and so certify 70 the
court. d5.sL
You should hrst examine into the charge,
against persona confined IN jail, and reports
as speedily Ae possible, your action In their
casesl next. those unaer TscognizAnee 70
appear TO answer charges. When you have
\ disposed Of all such cases, you may then pro-
cesd 10 the general business before you.
The second class Of offences OF which you
have cognizsnce Is termed 'misdemeAnor, L"
which 10 defined by the statute TO be "eyery
Izay y II A.
ment IN the county jail, or by both fine and
imprisonment In tho county Jail"
A person charged with the commission oi
q misdemeanOr, aimee the adoption of the
constitution of 1875, and the law passed by
the Legislature OF 1877, TO carry into effect
that provision OF the constitution, may be
proceeded against either by indictment or
Information. They are made concurrent
remedies, and concurrent jurisdictionls Ia given
to Justices of the peace, with the circuit court
TO hear and daEermine such cases. II is made
the duty of We court, gentlemen, 10 call
your attention TO certain statutes providing
for the punishment Of misdemesnors.
call your attention, first, 10 the statute 10
relation 10 dramshop keepers. A dramshop
keeper is defined by statute 10 be a person
authorized by Law TO sell Intoxicating liquor
In quantities not exceeding ten gallons. Nc
person is authorized TO sell liquor Ia lesi
quantity than one gallon without having {
dramshop license, The law imposes certain
duties and restrictions upon 0 drAmshoI
keeper, for the violation OF any OF which h'
is liable 20 be proceeded against, either By
Indictment or information. Such licensl
does not authorize him TO sell TO minors, o.
70 keep 80 open house on Sunday, or 10 eel
liquor on Sunday. The Law authorizes mer
chants 70 sell liquor in quantities not les
than one gallon, not TO be drank At the plac'
OF sale. The dramshop keeper pays heavy
tax 10 the State and county for the psIvilsd@
OF ceiling liquor, and he should be protectet
from coming INTO Competition with pers0nI
who pBy no license tax. IL is not unfrequent
ly the case that persons sell liquor who hayi
, no license to do ao--somstlmes In open deh
ance of the law, These parsons commit
, They wrong the regularly licensed keeper by
coming In competition In a business whicl
he has paid for the privilege OF following
, aud they defrAud the state and county out 0
their revenue TO the amount Of the tar 90 th
. license. But this Is lot the only wrong sucl
persons commit. They may sell TO minors
. kaap opeu bouSe on Sunday, or do man,
other Aols which 10 unlawful tor a dFamshol
keeper 10 do, and there is no law 70 punisl
them.
! l am also required to give youi IN speciA
charge, the revenue act OF l877--that part Q
, 1t which relAtes TO the assessment aud oollec
ton Of the revenue. II is part OF your dut
TO inquire into the mannefin which this la'
has been enforced. / am required TO civ
: section 6 OF the aoI OF April 2S. 1871, In spec
! iAi charge 70 you. You will find II on page
! as And 3T9 OF the Acts OF 1877, where you
. duty in tins particular ID clearly defined.
: The statutes further requires that sAcilon
a a n