The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-12-06
LOCAL MATTERS.
Mr.. Talman Indicted.

Mr.. TaIman Indicted.
ANOTHER CHARGE TO THE GRAND JURY FROM
JUDGE HUGHEs-THE UNITED STATES ELEC-
TfON LAwS-DUTIEs OF THE GRAND JURY
DEFINED.
Yesterday morning when tho grand jury
OF the United States Circuit Court met
Judge Hughes charged them as follows
Gentlemen Of the GrGnd Jury:
When you were organized yesterday |
did not know, OF my own knowledge, the
special character OF the business that would
come before you at your present session,
and did not address any remarks to YOU
bearing especially upon Federal elections.
had been for three weeks in the western
Judicial district and had but a vague
knowledge Of what was 20 be done here.
The United States attorney (Mr. WISE
has asked me to explain to you the laws Of
Congress relating expressly TO Federal
elections, and has expressed TO me the be-
lief that some diversity Of opinion may
prevail in your body a. TO the meaning OF
those laws; it is therefore my duty TO bring
these laws to your especial attention.
First, however,
LET ME- EXPLAIN
te you the difference between the functions
Of grand jury and those OF petit jury.
This difference is very marked. The grand
jury is body which inquiries as TO Of
fences, and if they have been committed
accuses the offender by formal Indictment
and sends him into court for trial.
On the other hand, the petty jury tries
the offender on the charge 0ndictmenO
preferred against him by the grand jury,
and either conyicts or acquits. Under our
system Of Jurisprudence a citizen cannot
be tr.ed but once for the same offence.
This trial is in open court on the evidence Of
Witnesses for the prosecution and for the
defence, and under the control OF Judge.
Here both sides are heard and The trial "
final.
The grand jury cannot t,y Il only in
yestigates, and then accuses. II hears
WITNESSES ONLY FOR THE PROSECUTION.
1t does not hear the defence, and cannot
listen TO it. IL first determines whether
an offence has been committed. and then
dccuSeS the offender.
An old English Judge stated the distinc-
ton between the duties OF grand jury
and those Of petty jury in striking man.
ner.
He said if a man is seen to shoot down
another in open day in the public highway
and Kill him the grand jury must lndict
that man. and cannot listen TO his defence,
even though he be a raying maniac. Ii IS
for the petty Jury 10 consider the ground
OF defence. The law now is not As strong
in that direction as il used TO be, for It
would be competent for grand Jury TO
listen TO such an excuse for mansaughicr
if the
MALADY OF TIE MANIAC
we're obviou, to the world and admitted
bcvond question. grand jury in modern
times would not uselesSly cumber the crmi-
nal docket Of a court with a case so PLAIN.
But ii il were not clear that the man who
fired the shot was a lunatic, II there was
anv doubt on the subject, the Grand jury
Icould not listen 10 the defence, but should
send the case into court for trial on a lorna
indictment.
Take another ease. suppose man Wa'
seen 10 shoot at another, and the effect o
the shot was not to slay. but to break th'
left arm, would a grand jury listen to
suggestion that the man who fired the shO
really did not intend 10 Kill, but only III
, tended TO break the arm? think not.
i would be their duty TO ndict, and leave
any special plea OF any sort 10 De liiauc II
court before petit jury and tried there.
| say these things only 10 ihloIli u"
l., grand Jury that they have
NOTHING TO DO WITH THE GROUNDS OF DE
FENCE
which violators Of law may urge IN eNcus
: for their conduct. They but mquT
whether an offence has been committed
and if il has been, then accuse by lndic'
ment and bring the ease into cour' ior trla
according TO law. They have nothing L
do with defences or excuses.
come now TO speak particularly o
In election cases. c.... ,,...
n n The recent election in this State was
D. Federal election. Congress has passe.
iee laws Guaranteeing that such elections slial
a be fair and free expression oi the poPu
Y lar will. The machinery Of elections Is L
m a great extent the creation oi Siate ii,
rs and their officers are OF state appoih'ileh'
r Rut tbis circumstance does not make al
y election for members oi Congress any III
sc less 4 Federal election.
~, M You are acting in
he THE ELECTION CASES BEFORE YOU
as ohiedv under sections 550G and DOLL OF III
C. pevjsed Statutes Of the United state
THOSE sections presuppose that feueI'
ID elections are conducted under STATE law
and by State officers, and they Virtuail
mako any violation OF state laws III rec
IL n,.oI elections violations at the same time
IL Federal laws. Zoo,
Oh section 5jO6 forbids any person ITO,
oi hindering. delaying, preventing, Oh "
or structinc. or combining and coniedera'iI
a ~ nreyent any citizen from doing an! a.
renuired 10 be done TO qualify hun 10 'o
I'd nv anu unlapfM means. 1t con,einpial,'
,,ot these means may be contrary to II
ia,vs NJ the State, and makes them, II col
.22 t,ary to State laws, by that fact, Violatioi
$, 90 tbe laws of the United States. AS vi
OR Ia.ions Of State law, they may be pros
tod ~ the state courts. As violations
Eoderol law they may be prosecuted III u
or roder.I courts. The words OF the sectlo
Is ..aI,v unlawtd means" " embrace al
UNLAWFUL MEANS
~ u.o, may he used, whether unlawful ~
,ho STATE Code or unlawful as to the / ca
l. .ai code The fact that the offence l. u
Us: a',f,,I os 10 the State fixes il rs an obcn
M M n',a;nst The United States under The teri
=; those sections. Ii is IN lnterlereh
TO ,r;,h tho fairness and freedom OF + cuei
VS. aIection. and by that fact Is an oiiep
snf 'nf o"aiyst the United States, tryable ana pu
IN ishable by a United States court.
her her with ihe punishment OF such ohehe
ms nc violations of State law, you have nothi
70 70 do. But the punishment OF them =,
L. offences Of against the United states Is VIII. WIZ
%s aes your especial and exclusive cogn,1anl nnn,,l
,nS and in the line OF your special and pecui
duties as grand jurors. , ,r,
has section 55ll fo1bids any person III
10 doing any unlawful act to secure OPP,
>. tunity to vGte for himself OF anH Oh
person." Any unlawful act Is ,lc -, =
guage, II q person has done ~! un''W