Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1885-03-07
CRIMINAL COURT.

OU III, SA 1 y hDA
! CRIMINAL COURT.
/ Criminal court met, last Monday, Judg'
Jno. E. Rylsnd presiding. Present, Johl
$. Blackwell, prosecuting attorney; Jos
Bowman, sheriff; Frank Trigg. clerk.
The following grand jury was empaneied
Robert Taylor, foremtn; J. r. Davis, j. A
McCauley. Fred. Ehiers, J. A. Graham,
r. H. Benton, Y. c. Gray, S. P. Bs'com
Geo. Burnett, w. P. Keith, Arthur You'll
ami Jno. Jolnsou.
Judge Rylsnd delivered to them tn.
following -I-.
CHARGE TO THE GRxND-JURY.-
GENTLEMEN; I congratulate YOU upol
the distinction conferred upon you In beini
s.lectt from the body Of the county of La
fayette to compose its grand jury. 1t was a
Que time considerd very great honor to bt
ch ,.en grand iurof, 1t devOlves grave and
i'm ,ortant duties upon you, and in meeting
these obligations .ana dischsrging these du
ties faithfully and Impartialiy, you will meri
and receive q trust) .he appreciation Of youl
fellow citizens. Ii you, through any improp
er motive, omit these duties, :. discharge
them with PARTIALLY or negligence, you vii
deserve the Misrepresentation Of your fellow
c tizens. and soorser or later you will receiv
,e reward you thu,sr In lie lax admin
istration of the laws and its consequent evils.
Law is necessity under our form of gov
ernment. Any government is better than
no government; anarchy is ruin and death.
Law is intended to protect the innocent and
10 punish the guilty. Law faithfully ahd
ilnparlially enforced will ensure good gov
ernment. But If there be not virtue and iD.
regrity among TIE people. who are the sOver-
eixn power in this country, sufficiently to en-
force the law, the result will be bad govern
ment, or even anarchy, no matter how good
or humane or just the laws may be. The
courts and juries do not make the la vs.; they
only assist in the enforcement of them; the
grand jury investigates the charge and
determines whe her an Uffense has been COM
mitted; The court declares the law and the
petit jury hears the evidence and decides up
on the question of the guilt or innocence o
the party On trial. II each does its duty
faithfully, honestly. aud Impartially. crime
will be punished, the innocent will be pro-
tected, the law will be magni6ed, and good
government with its blessings will be the re
suit.
Snme people obey the law from policy
| some from love of tine law, and some from
| fear Of the punishment it inflicts. Let us en-.
ueavOr to so administer the law in our good
| county AS to make the law abiding citizer
love 1t The more from u sense of the prOtec-
| ton it lnsures hun; and the l.w w-defying
Ilaw-breaking citizen fear and obey it the
| more perfectly from n sense of ihe swift and
| certain infiictUn uf the punishment It's iu-
fraction involves.
BY the provisions of the constitution no per.
son shall, for felony be proceeded axalns
criminally otherwise than by indictment
Other otfenses shall be prosecuted criminally
bv Indictment or information rs concurren
remedies. b. felony, is meant an offense fol
which the offender on convection, shall b.
liable by law. to te punished with death ol
Imprisonment in the penitentiary. Your du
| ty and your oath as grand Jurors, dpmant
that you shall diligently inquire and tru
presentment make, Of all offenses against th
| laws Of The state committed or triable in hi
| ..ouniy. of. which you have or can Obtain
legal evidence, etc.
You do not try otfenses this devolyes upol
petit jury. or upon the court In msde.
| lneanOrs, but you examine into charges pre-
ferred against individuals to ascertain
whether or not an onense has been commir
ted, and whether or not the person charged
with the offen>e Is the guilty one. You hav,
only the evidence of tue state before you.
is not proper that you should have any othe
evidence, for your investigation is in H.
sense trial. Your proceedings are all ha,
In secret; no one has right to he presen
| when you are taking testimony but the prose
cuiiny attorney aud the witness being exam
| Inc |, and when you are discussing the Ques
tion as tu whether or not you ~ i'll m Ike
| presen,ment. and when you are hal;ofting vi
laid question. no one but yourselves has
right to be present. While you are takin
testimony it is the duly Of every one to b
present. 1t requires the concurrence of min
Of your number to find and present bill Q
indictment, and every such presentmen
less grand juror is present to hear the evl
dence, he il not fully prepared to cast an in
telligent vote on the question of timing an in
dictment. The non u tendance or indiffer
ence of one grand juror delays the whol
body, and may delay the whole court, thu
increasing the costs and expenses of tn
court, and dissatisfying the citizens with tn
law and its enforcement. Whenever III
public lose confidence in the courts an
iuries of the country. discord arises, and tn
INCLINATION TO take the law into their ow
hands and enforce it outside OF the court.
finds 8 welcome place in the minds and heart
Of the its people, and mObs are generated AM
Judge Lynch sets up his hldeous court.
Let each member, therefore, be promp
and attentive and ready TOR work, ard yo
Will the sooner get through with your labors
and can go home to attend your private in
terests. But, gentlemen,do not be in to
great hurry to get through with your labor
on the grand jury. MAKE haste slowly" is
good motto for grand jury.
Your oath compels you TO present no on
for any hatred, malice or ill will; neither t
leave unpresented any one for love, fear, ia
vor, or hope or promise thereof.
Keep this oath sacrt dly obey it TO the let
ter; dlvest yourselves of all feeling save tha
OF II desire and eterninatiOn to enforce tn
law against all alike. without regard to per
son and the guilty Will be brought to judg
nent, the innocent will be protected an
criminals will flee from and stay clear of GU
county; your fellow citizens will be secur
| In the protection of their lives, their reputa
lions, their liberty aud their properly. lie
| no guilty man escape, al iLf1ict punishment
on no innocent one. No felony but that O
| murder aid treason Can be prosecuted afte
The lapse OF three years. and all prosecution
for ml>demeanOrs are ,rred by the lapse q
one year. The whole cod of the crimipa
law OF the state Is given in charge TO you.
Is a good code Of laws. 1t is ia your powe
10 institute pros cutiun. in your own body
| trand Jurors may give information, an(
| they are selected from every township In th
| county with the view that they may know
what Is going on in their ueighborhood, an,
| thus give Information OF Otfenses committed
| Prosecutions may be started by the prosecut
| ihS ottoi hCs DciolC Jul DOut, Ut tDeS ma,
b. started before Justices of the peace. IL il
your duty to diligently inquire into al
charges perferred or presen, ed to you. |
YOU lind that they originated from malice O
| Ill Will. or for the purpose of harras ing thu
| citizen Charged you will ignore hem. Their
| Is enough crime committed In the land TO
| the juries and courts 10 punish without pros
"cu,ing the innocent to CRAFTY malice. Th
Jaw provides remedy for every wrong, an,
| affords protection for every ght of the In
| disidual, an If any one suffers from q lacl
Of this remedy and protection, the FAULT lie
| "ot with the law, bu. with the jurrs an,
courts. give you In charge the whole Grim
inal code contained In cuapter "a, revise,
latutes of 1879, and the amendments there
TO. Ii is the duty and will be the pleasure O
the prosecuting attorney 10 counsel you IN al
matters pertaining TO your Office of Grand ia
ror. In addition 10 these general laws tn. r
are certain statutes that 1t Is made my dur
to call your attention TO, list of these stat
utes l herewith hand YOU. These statute
are intended more to correct certain e, ils
and prevent certain wrongs that are demon
Inated mi-demeanors: not because there at
greater crimes, but more frequent and NOR
Ii tble to be committed than crimes Of create
magnitude. | desire to call Your attentio
specially to one Of them. namely, the dram
| -hop law. The inurdluate use of intoxics
ing liquors leads directly or Indirectly to th
commission OF nearly all the crime in tn
'and. 1t is the prolific source from W hIc
flows the dark >tream that Ih, eaIeu- to del
uSe the race, and have flooded and will con
tInue To Hood thousands oil happy homes wit
grief and sadness. The law Iexalizes IN
liquor tratic, AMI for u consideration pcrmir
| individuals TO engage in Ii under ceIlain rp