Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1886-04-17

nizing the will of the people, had, in 1882,
| affixed to the crime of which the accused
| stood charged, the punishment of DEATH"
or in the discretion of the jury, imprison-
ment in the penitentiary for life" rms IS
| the same penalty which would follow
! convection for willful, deliberate. and pre-
meditated murder. No plausible attempt
| has. or could have been made to excuse
| such lawlessness upon the plea of probable
| miscarriage of justice. The records ofthis
| Court furnish evidence of the fact that
| crime in this county has been promptly and
sternly punished. If, gentlemen, such
violations of plain principles of law can be
| successfully done in this country by one
| hundred and fifty or two hundred citizens.
and the participants not be punished, what
| security has any citizen for his life, liber-
| ty or property ? Ii one organized band.
actuated by one motive. can assume to adj
| minister the law to carry out particular
| policy, why may not another band of citi-
zens unite for the purpose of carrying out
its policy. (which may be indirect conflict
with the views of those who first assumed
to administer the law, carry out their
views and policy by force ? The result
of such condition Of things would be alb
soIute anarchy: might would then make
right; the strong would dominate the
weak, and the rich, through the golden sim
ews of aggression, would trample the rights
of the poor.
Pause Tor moment, gentlemen, and
consider the effect upon the public mind,
| when a body of citizens successfully, and
| with impunity, take upon themselves the
| execution of the law, in direct violation of
| its mandate. The more respectable the
| individuals participating, in proportion
| are the results more serious and far-reach-
| ing which flow from this disregard of the
| obligation resting upon the citizen. Does
| it not tend to educate the people to disre-
| gard the securities and protection which
| the law throws around the individual
| Does it not encourage the vicious elements
OF society to rebel against the restraint
| which the proper enforcement of the law
| imposes upon their actions? Would it not
present an anomaly in the enforcement of
! criminal penalties to indict and punish an
| individual citizen for carrying dangerous
| weapon about his person and yet sanction
! by acquiesence at least, the right CT body
! of citizens in the execution of an unlawful
| object. to arm themselves with revolyers,
| ride through the streets of your town, and
| on the public highways of your county,
| firing them off indiscritiinately? Ifsuch
| acts are not to be punished because parti-
/ eipated in by respectable citizens, and
| committed by an aggregation of individ-
| uals, | must say to you frankly, 'gentle-
! men, that | cannot appreciate the reason
ing which would justify an indictment on
your part against quiet and peaceable
citizen, who is seen upon your streets with
such deadly weapon, and yet, from my
personal observation, l feel justified in
saving that know OF no legislation which
in its practical operation has worked more
adyantageously to the community than the
law which prohibits the carrying of deadly
weapons. BY its rigorous enforcement,
order has been preserved, and the lives of
| the citizens of the community have been
protected. You will have before you for
Investigation, a case which will practical
ly demonstrate to You the evil effects which
follow such acts of violation of law. 1t
will be claimed by the State that personal
enemies, approaching the feeling of inse-
curity in the community, and actuated by
malice, have eDdeayored to black-mail
your citizens and to libel their characters
with a view of driving them from the
county through the terror inspired by
lynch law.
Familiarize the public mind with the
idea that these acts of violence may be
done with impunity, and you produce a
| condition of things which leaves the offic-
ers of the law powerless, and the life, lib
| erty and property of the citizen unprotect-
| ed from the passions, the prejudices or the
| will of any organized body of men suffic-
iently strong TO overcome the resistance
| which at the time can be offered.
| AS the recognized formation of all inyes-
| tigation relating to the violations of the
| criminal laws of the State, you, and you
alone can be held responsible for the peace
| and good order of the community, and for
| the preservation of the rights of person and
| property guaranteed the citizen by the law.
| You should stand as the bulwark of the
| citizens rights, against the wild passions
| ofthe moment following in the footsteps
! of the Grand Juries of the past, who stood
unawed against the tyranny and dictation
| OF kingly power and judicial subserviency.
| None are too high, or too low to be reached
| by your investigations. The conduct of
| the Judge upon this bench of the officers
| and their deputies having the custody of
| the prisoner, as well as those who partici-
| pated in the violation of law, are answer
able to the people through you, for will
/ iul failure in the performance of any duty
! devolving upon them or for their consider
alton on or before the night of the 10Th OF
February. Your oath prescribes your
| duties, and can alone circumscribe your
! obligations to society. The duties dey0lv-
ed upon you demand of those who are TO
| exercise them, courage, firmness and i'm
| Partially.
| BY reason of the high development of
| these characteristics in the Anglo-SaXon
race, the grand inquest has always been
| held in the highest esteem, and its powers
sacredly preserved.
| recognize in the individuals who COM
| pose the present Grand Jury, faces and
| characters familiar TO all citizens of the
/ County, and / feel justified in saying that
! into your hands can be safely committed
! the welfare of the County, the peace and
! good order Of it's society, and the yindica-
tion Of its laws.