Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1883-03-23
Judge Ritchie's Charge to the Grand
Jury at March Term.
Gentlemen Of tie Grand jury.

duties, and upon such matters in particular
as, in my judgment, urgently call for theil
investigation. That such is the plain duty
of the Court is thus declared by Blackstone
in vol. ~ of his Commentaries:
"rhey (the Grand jury are previously
instructed in the articles of inquiry by a
charge from the Judge who presldes on the
Bench"
The eminent law writer Chitty, in his
work on Criminal Law, vol. /, S. D. 312,
speaks OF the nature of the charge as fol-
lows:
"In the performance of this duty the Judi
cious magistrate 1.-THE Chief Judge will take
care not only that his remarks are in general
suited to the Offices which q Grand Jury
have TO discharge, but have plain refer
ence to local objects, events, discussions and
concerns as far as they properly fall within
the limits of his Jurisdiction, and seem en-
titled To his notice. He will strive to allay
animosities, to destroy the spirit Of party, to
discountenance every receptacle OF idleness
and vice, as well as every vestige of popular
barbarity and grossness."
Proffat on Jury Trial, sec. so, says: "Be-
fore the Grand Jury can proceed to their
duties it is obligatory on the Court to spe-
cially charge them on the nature, scope and
importance of these duties, and to draw
their attention to any matters calling for
their action and elaboration"
Fortunately, with the advance Of general
| intelligence, usually careful attention to
the oath he has taken will serve as suffi-
cient guide to the Grand Juror as to the
character of his functions, and / shall on
this occasion submit only few observa-
tions, in closing, on this subject.
AS to matters which require your special
consideration, am glad to remark that, so
far as the Court is aware, the county has
been spared since its last Jury Term the
commission of such crimes and tragedies as
sometimes startle and excite the entire COM
munity.
In regard, however, TO offences of lesser
grade there are several directions in which
violations of law are suspected of being
numerous and persistent.
One of these is the offence of keeping
gaming tables or places of gambling, or per-
hitting them to be kept, as prohibited by
Acts of Assembly. What is "gaming
table," within the meaning of the statute, is
thus described by the law itself: "All games,
devices and contrivances at which money or
any other thing shall be bet or wagered, shall
be deemed gaming table" Billiard tables,
as ordinarily used, are not included.
refer to this subject only because the
tap deals with it. In my official character
an offence which the law so pronounces,
and to urge the enforcement of the law ac-
cording to the magnitude of the evil it seeks
TO abate and the frequency or facility with
which it may be violated.
| In this connection it seems pertinent to
ask with what consistency can the Court
invoke you to seek out the secluded places
where gambling is conducted, resorted to
in secret, and comparatively by few, if the
law may be violated VIGOROUSLY in the pres
ence of the entire county and pass unnoticed?
Is the law unequal Does it reserve its
terrors only for the few individuals who at
least pay it the outward respect Of violating
its prohibitions when concealed from pub
lie observationY Or does the offence lose
its character if openly fostered under the
auspices of citizens of weight and reputa-
tiong The Court must be impartial, and if
| the law is in fact violated you must make
mo distinction of persons" otherwise the
administration of justice will be brought
into contempt
! AS matter of course, it is not for the
| Court TO declare in advance OF an investiga-
ton by you that any Individual has violated
the law; that must depend solely upon the
facts you elicit. But general report justihes
your inquiry into this matter.
Just here will introduce some observa-
tons made in my charge at the last session
of the Court in Frederick county, which
may not be irrelevant:
Common report admonishes me also to
urge your special attention to the laws
against gambling. If rumor is to be cred
tied, the infracton of these laws is now fire.
quent and notorious. need not dilate upon
the evils of vice against which the law is
so severely arrayed Ii is in the places spe-
cially devoted to gaming tables and similar
devices that young men contract fondness
for habit that leads to Indebtedness and
poverty, and fosters that spirit of specula-
ton which is one of the curses OF the pres
ent time This spirit of gaming, 80 fruitful
OF unhappiness, has become an evil TO the
nation and a grinding burden to the poor by
its manifestation in gambling in stocks and
making corners in such necessares of life
as grain, pork, coal, &c, which the bounty
of Providence intended to be distributed to
his creatures without artificial hindrance.-
To guard the rising generation from ac-
quiring the taste which feeds this blighting
spirit OF speculation, our duty Is to enforce
the laws enacted TO suppress the opportuni-
ties of forming it,
"And here | feel it my duty to say that
the law makes no distinction between a faro
table in II curtained room and a gaming de-
vice on a Fair Ground. OF the two, in
practical results, the latter is the worst. The
former is frequented by limited number,
aware of its nature and generally already
addicted to the pursuit 1t serves, while the
latter is exposed To great numbers who were
never before in range of It's destinations
Through this exposure many country
youth, and town boy as well, who would
otherwise never come within range of its
temptations, becomes early tainted with the
love OF chance winnings, and may in con-
sequence graduate a confirmed gambler.
81 am glad to learn that after the obser-
vations OF last year, the Agricultural Soci-
ETY. has determined to Danish from its pre-
cincts, dedicated to the art of husbandry
and the reunion and innocent recreation of
our people, all devices for winning money
by chance, whose only excuse for federation
was that their manipulators left with the
Society small percentage of the immense
sums they Cleaned from our community,
without leaving any beneficial equivalent
whatever in return"
: Another subject to which feel it my duty
to allude is the rumored violation of the law
: prohibiting the sale of liquor within Mont
gomery county.
, With the policy that dictated this law the
, Court has nothing to do. Able and good
men can be found on both sides of the con-
troversy as to the rightfulness and expedi-
: ency OF such enactments. Temperance ques-
tons, simply as such, within the domain OF
popular discussion and agitation, it is not
for me to deal with. Sentiment apart from
!, statutes are not for judicial administration
} The simple duty of the Judgeand the Grand
Jury is TO endeavor to maintain the laws as
: they find them. Whether wisely enacted
f or not, is TO be determined in the forum Of
n public opinion and in the halls of egisla
ton. As long as on the statute book, it is
the duty of all good citizens 10 yield theil
obedience. Laws are not to be disregarded
n even by those who disapprove them, though
4 they may rightly urge all constitutional de-
, fences, II such exist, when the question Of
= their enforcement arises in a legal tribunal
!, and have the undoubted right to advocate
l. their repeal, il SO inclined. But there is
# only one standard for judicial conduct, and
that is to ascertain what the law is and EN-
ploy all legal resources to apply it. What
ever your sentiments, therefore, whether fol
or against "local option" as popularity DIES
~