The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1886-02-25
The Circuit Court.

Judge I. D. Witherspoon presiding, and
Col. Orr representing the State. The
Grand Jury was organized with Mr. G.
A. Reed as foreman, and Judge Wither-
spoon in charging them said:
Tho State undertakes by its laws to see
that all OF it's citizens, high or low, shall
be protected in life, liberty and property,
and it further undertakes to preserve the
public peace and give security to society.
1t is your duty to inquire if these laws
have been violated, and if so, who has
violated them, either as to the rights of
individuals or of society. If you have
been attentive to the oath which you took
on being ompannelled, you have some
idea as to the nature and importance of
your duties. In the discharge Of these
duties you do not act az informers who
seek to have the laws enforced for the
hope of reward. You act under the obi
cations Of an oath, and where duty re-
quires service to bo performed you have
no Alternative left you. You are diligently
to enquire and true presentment mako of
all violations of law. Iii the discharge of
your duties, you have the right to require
the attendance of. such witnesses as you
may desire, and to secure their presence
you may call upon the Sheriff to summon
them. You will inquire first into the
bills given you by the Solicitor. In ex-
amining any bill, if the testimony for the
State satisfies you that the party indicted
is probably guilty of the offense charged,
you will find true bill. Twelve of your
number must agree that the testimony
for the State makes out case of probable
guilt before you can find true bill. If
twelve of you do not SO agree, you must
find no bill. Before finding no bill you
should examine all of the witnesses
sworn and confer with the Solicitor to
know if he has any further testimony to
offer you. This is your duty to the State.
It is not necessary for you to examine all
Of the witnesses, if you have enough
evidence to convince you that the party
charged is probably guilty. In cases Of
larceny you should enquire whether the
name of the person owning the goods
alleged to be stolen has been correctly
stated in the Indictment. The Solicitor
takes the papers as sent to him by the
Trial Justices, and if the name is wrong
he has no means of detecting it until the
party charged takes some advantage of it
in the trial. If you find that name has
been incorrectly stated in any of these
papers, confer with the Solicitor and he
will hand out new bill. One of the
bills handed yon charges murder. All of
our laws are jealous of human life, and
where killing is proved, unless the
party who takes life acts clearly in self
defense. it is due both to the State and 10
the accused that you should lind a true
bill and thus give to the matte l judicial
investigation. Murder is the unlawful
killing of a human being with malice,
either expressed or implied. In cases
charging assault and battery with intent
to kill, you must gather the intent not
only from words but from the circum-
stances also. Simple assaultand batteries
arc triable in the Trial Justice courts, but
where a deadly weapon or knile is used,
OF oil excessive beating occurs, it becomes
an assault and battery Of high and
aggravated, nature You are to determine
the nature of tho offense. If you find
the otfensc to bc II simple assault and
battery you will find no bill, but if you
conclude that it is an assault and battery
of high and aggravated nature, you will
find truc bill. The Legislature has un-
dertaken 10 break up the pernicious habit
which some men have of carrying deadly
weapons concealed about their persons
ready to inilict deadly wounds upon
slight provocation, from persons with
whom they may havea misunderstand-
ing. The law excepts peace officers while
in the discharge of their duty, and per-
sons upon their own premises. A weapon
is concealed when carried so that an ordl-
nary observer would cot discover that one
was armed so as to do mischief. If the
officers of the law would have this statute
enforced, it would contribute greatly to
the peace of the State. I know nothing
of the condition of your community, but
the law Intends to break up this per-
nicious habit, and if there are any per.
sons in your midst who violate this law,
it is your duty to report them. All Of
your public officers undertake to discharge
their duties efficiently. 1t is your duty
during your term to examine these Offices
and see the condition in which the books
and papers in them are kept. If you
have not time during the term, appoint
committee of your number to make the
examination and report to you at the
next term of the Court Ihavo no reason
to suppose that there is anything wrong
in the management of the public offices
in this County, but it is your duty to ex-
anime them and see for yourselves that
they are properly kept. Look into the
manner in which the County Commiss-
toner's expend the funds collected for
County purposes. They have the super
vision Of your county poor, your roads
and bridges, and you should see to it that
they manage them to the best advantage.
Look into the sufficiency of the bonds Of
all your public officers. The fact that
these bonds were once good is no guaran
tee that they are good now. You should
require the Trial Justices to submit their
books for your inspection that you may
ascertain the manner in which they dis
charge their duties. I noticed some
weeks ago in the newspapers an account
Of an outrage committed by armed men
in the nighttime in your County. You
should inquire into it and report the facts
to the Court. No man should be allowed
to take the law into his own hands, and
where they do so you should present them
for prosecution.
The following cases have been tried:
The State VS.. John Brown, alias Jack
Brown. Burglary and larceny. Guilty.
The State VS.. John Brown and Fannie
Brown. Burglary and larceny. Not
guilty.
The State VS.. John w. Owens, Mariah
NJ. Owens and VIM. +. L. Owens. Re-
| moving property under a lew. Not