Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1880-03-19
JUDGE BOWIES CHARGE TO THE
GRAND JURY.
GenAemen Of Me GRAND Juru:

/
| its duties, we shall not detain you by dwell
ing on its ordinary operations, but call your
attention to such subjects as we are required
| specially to notice, or such as from the cir
cumstances of the time seem 10 us to demand
| particular examination.
You are aware that the primary object OF
your organization is the preservation of the
| public peace, and the enforcement of the laws
for the protection of the inalenable rights OF
person and property.
AT no time, perhaps, since the organization
of the county, and the establishment of courts
within its precincts, has there been greater
necessity for the exercise of vigilance and
firmness on the part Of the legally constituted
authorities to maintain law and order and ar
rest anarchy and confusion.
| Formerly this county was distinguished for
the prevalence of peace and quietness, dis
turbed only at long intervals by the occur
renee of more arocious offences, but recently
there has been a most alarming increase in
the number of the darkest and most deadly
deeds.
Whether this proceeds from general de-
cay of morals or temporary mania, there is
no remedy for the evil but stringent execu-
ton of the penalties prescribed for such Of
| fences.
| In your investigation of offences committed
against the State, you must not forget that
| your inquiry is "e1parte," nor allow your
hatred OF the cline TO prejudice the accused
Every man is presumed TO be innocent, and
should not be put on trial for any offence I'M
less there is strong 1DriDaa facie evidence of
his guilt.
Whilst your duty on the one hand, requires
you to prosecute the guilty, it is equally your
duty to protect the innocent from frivolous or
wanton persecution.
The list OF prisoners committed 10 Jail, and
the names of the witnesses recognized to ap-
pear before the Court will furnish you the
cases which must Immediately require your
attention.
The Code will enable you to classify these
cases so as to present them under the denom-
ination of offences TO which they belong.
Besides these means of information, the
Constables of the county are required by law
10 De sworn to the Grand Jury and inform
you of all misdemeanors or offences which
have come to their knowledge.
1t is your privilege and duty also to request
the Court 10 summon all persons whom you
have good reason 10 believe have knowledge
of crimes or offences against the State, COM
mitted within the1county. But this power
should be exercised with great caution and
circumspection for prosecution, originating
with the Grand Jury, may be perverted and
@DuoCu ouu raw lub dSCuSCu, innocent, no
redress.
Should any of your body possess personal
knowledge of any violation Of law, he should
be sworn as witness and be examined as
other witnesses.
For the detection of secret crimes, and the
more effectual security of every inhabitant,
the law requires all cases of sudden death 10
be inquired Of by the Coroner and Justices of
the Peace, and if these neglect to do so the
duty is imposed upon the Courts of Over and
Termner or the Circuit Courts of the county.
Official notice has been given TO this Court,
by the inquest Of jury, taken by Justice
Of the Peace. that in December last colored
man, arrested upon charge of attempt to
commit rape on the body Of white girl,
aud taken in the act, was hanged in this coun-
ty by parties unknown. Shocking and re-
voting as was the crime of which the prison.
er was accused, the manner of his taking off
was not less opposed TO the most sacred and
primary principles of civilized government
and social security
Among the most ancient and sacred asser-
tions OF civil rights in secular writings is that
of Magma Charta, that mo free man shall
be seized or imprisoned, or outlawed or in
any way destroyed, nor will we condemn him.
nor will we commit him to prison, executing
by the legal Judgment Of his peers, or by the
laws of the land" 20 Chapter OF Magma
Charta.
This solemn pledge of personal protection
has been reaiirmed by numerous English stat
utes, declaring that no man shall be .torejudged
of life or limb contrary TO the great charter
and the law of the land, and that no man
shall be put TO death without being brought
TO answer by due process OF law.
The Declaration Of Rights Of this State
proclaiming that the Inhabitants of Mary
land are entitled to the common law of Eng.
land and the trial by jury" ailirms "that in
all criminal prosecutions every man hath
right 10 be informed of the accusation against
him 10 have copy of the charge or indict-
ment in due time( il requred) to prepare for
his defence; 10 be allowed counsel 10 be
confronted with the witnesses against him ::
to have process for his witnesses 10 examine
the witnesses for aud against him on oath; and
10 speedy trial by an impartial jury, with
out whose unanimous consent he ought not
TO be found guilty.-5 Art. Dec. of Rights.
The 23d Article, adopting the 10Th of "Mag-
ma Charta, reiterates ''that no man ought 10
be taken or imprisoned, or dissiezed of his
freehold, liberties or privileges, or outlawed
or exiled, or in any manner destroyed or de-
prived of his life, liberty or property, but by
the judgment of his peers or the law of the
land
The Constitution of the United States, which
is declared by our own Constitution, to be
"the supreme law OF the State" solemnly
ailirms, "no person shall be held TO answer
for capita! or otherwise infamous crime un-
less on n presentment or indictment of grand
jury" except in certain specified cases in time
OF war Or public danger, NOR be deprived OF
life, liberty or property without due process
Of law.
In the language of Holy Writ, tour law
doth not judge any man before it heareth him
and knoweth what he doeth."
BY the same tenure We hold all we own.
All our personal rights and property, all social
and political privileges, depend upon observ.
ance of law, administered by duly appointed
/ Judges and Magistrates, elected or appointed
and sworn to discharge their duties without
| Partially or prejudice.
To usurp these powers and assume TO acl
the part OF judges, jurors and sherifs TO pro,
nounce prisoner guilty or innocent, without
Que process of law, is moral treason agains
the State and, according to circumstances
| atrocious crime.
II common fame be true, repeated instance.
have occurred in several counties of this STATE
in which, under the influence Of popular ex
cite.nent and Indignation the first principle,
OF law aud justice have been violated and In,
sovereignty Of the State insulled with impup
ily, and recent occurrences in this count,
show the terrible procivity OF men 10 becom,
their own avengers.
In newly formed communities. where State,
are scarcely organized and justice loosely nd
mnister,d, there may be some palliation fol
such departures from principle upon the plea
of necessity, but 10 long established States
where condign punishment awaits every of
fender, there is no excuse for such oulrages.
l.. s,l.. ~. ..a
inspiring mob, does not confne itself TO on,
class of offences, or persons In some State,
it has been directed against gamblers; in
others, against horse thieves; in others.
against religious houses, aud the asylums o.
votaries of religion, and in others against en-.
igrants from countries, with which we hay,
treaties OF amity and free intercourse. Vice,
virtue, religion, commerce have alike become
the objects OF its unreasoning violence. AL