The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1883-06-14
4 nELiC Or tut STAR
ImAMIEN EIlA.

tits remarkable with what ienaoliy
we cling to old habits, Old
customs, old institutions etc. And
when these are not only accompanied
with exceeding inconvenience but are
fringcd all over and saturated all through
with grossest injustice, it becomes still
more remarkable that we should retain
them. If the reply be made that we can
not find an improvement for substitute,
then indeed do we confess 10 the frailty
an weakness OF poor human nature and
human intellect. A case in point is the
grand jury system of this country. The
| HERALD has on other occasions indicated
the evils ami exposed the iniquities that
can be perpetrated by this old star-cham-
Der; Spanish. Inquisition infamy. Let us see
its practical workings A body of men, six
teen in number in Texas, rallied the grand
curry, are assembled, selected by three jury
commissioners holding appointment froE
the district Judge. These persons make
prsentment of such persons as come
to their knowledge as being guilty OF any
wrong or supposed wrong-doing. All this
would seem to be well enough IN theory,
but in practice it may place some OF the
most worthy citizens in the category OF the
most corrupt scoundrels. For one indi-
vidual may make his appearance, and
under oath swear that A is guilty of rob-
berry, that is guilty Of arson, that Q is
guilty ofmurder, etc. The jury, upon the
testimony rendered, with hundreds of cases
before them and limited time within
which to discharge their duties, find the
corresponding indictments, without single
word from the parties accused, who are Ut
terly ignorant of the transpirings. 1t goes
out to the world that A and B and G ct al.
have been villains. The case is finally fixed
in the criminal district court for trial,
where it is discovered that some malicious
enemy of the defendant, wholly irresponsi-
BILE, has sworn to the fabrication and then
skipped the country, and that there is
nothing whatever of truth in the charge.
Now, the parties to whose eyes the finding
of the grand Jury went may never know the
result Of the courts subsequent investiga-
| ton. In the meantime, the injured person
has suffered in mind, reputation, business,
etc. The proceedings of the grand jury are
secret. Its members are sworn to secrecy of
the strictest sort, and the defendant has no
opportunity of ascertaining who is his tradu-
Ger. This gives boldness and offers premi
UNI to the cowardly sneak that may thirst for
some revenge he dare not undertake to seek
in an open-handed manner. This is worse
by far than that concededly villainous prac-
tice known to tyranny-"taxation without
representation. for the filching of good
name is a thousand-fold more wrongful
than the confscation of little property.
But even assume that the accuser before
the grand jury remain in secrecy to finally
testify openly before the court, it is often
difficult for the defendant to prove mega
tive. His lips are sealed, and insofar he
virtually stands as one infamous already
debarred from belief. For instance, con-
spiracy can be concocted by two of
his foes, the one swearing, the other
substantiating that he committed some
crime. The circumstances may be such
that he is powerless to present sufficient
ItUultluB W pIOfc G4tlIC III
nocence, even where the accusers do re-
main to confront him. But again, it may
be that the defendant is poor man with
out money to pay the mileage and per diem
expenses of the necessary witnesses living
at distance, in his behalf. The state may
summon and fetch by sheriff her witnesses
against this, her poor citizen, but he alas is
left to the tender mercies of jury with
all the weight of a well feed prosecuting
attorney, and the evidence against him.
And so we might 60 on with the iniquities
ofthis relic of the dark ages institution. 1t
is an outrage upon the civilization of the
day, and should be torn up root and
branch to be scorned and scofled at by
every lover of justice and fair dealing. And
another thing, when the fullest proof of
purest innocence is established the injured
man has no recourse whatever for damages
from any direction. There is perhaps one
alleviating feature about this whole bastard
ly business. and that is that people now
iniormsd of the real process are coming to
look with not merely disregard, but with
supreme contempt upon many of the find
ings of these grope-in.the-dark, star-cham-
Der institutions. The indicted individual
may have to suffer mental anguish about
the uncertainties of the law. or his facilities
to pay attorneys, etc., If he is poor man,
but as for his reputation being materially
damaged, why the country has grown wiser
than it was some years ago. The papal
anathemas used to frighten tinid people
in the olden time, so that the anathema-
tized was Stunned by his fellows. These
edicts are laughed at in this age. The find.
ings of grand juries in this good year Of
1888 are likewise being relegated into the
category of the silly failures.