The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1889-11-21
COBB SUPERIOR COURT.
JUDGE GOBER's CHARGE no THg
GRAND JURY.
The Gentlemen WhO Compose the
Grand jury.

ing, Judge Geo. F. Gober presiding,
being his first term in this county
Solicitor George R. Brown was
not present, owing to the death of
his child, which occurred on Sun
day. Capt. Newman, of Canton,
represented Mr.. Brown.
After the court was duly organic
ed Judge Gober gave a clear and
comprehensive charge to the Grand
Jury. He ssid that there was moth
ing new in the charge he proposed
to give; that the general principles
of law that entered into the compo-
sition of charge were the same sas
doubtless each juror was familiar
with. The oath you have taken is
the most potent charge that can be
given you. If you act up to and
carry it out you will do well. 1t is
the same oath that had been admin
istered in Georgia since 1912 with
out change or suggestion of change.
Who wrote it is unknown, but it has
Its history dating back to 1898, and
with the exception of one or two
minor changes as to the secrecy i'm
posed, it was in all its essentials the
same oath the English speaking
people had lived under for hundreds
of years, and he could give no bet
ter charge to this grand jury than
to insist that they obey its require
ments.o He forcibly impressed upon
that body that no violator of law
could be punished without an in
dictment, and when the evidence
justified an indictment there was no
getting around finding one. 1t was
not their province to try case and
throw it aside and say it was trifing
affair prompted by malice by the
party presenting the matter. There
could be no malice when the testi-
mony showed that the law had been
violated. He who would come be-
fore a grand jury and trife and
worry and consume the time of the
court. in order to vent his malice
upon some one, would find it cost
ly business if the grand jury would
say ''no bill" and endorse thereon
"and we further find it a case of
malicious prosecution on the part OF
Mr.. So-and-so."
Judge Gober gave certain special
laws in charge-the inspection of
the jail, its sanitary condition, treat
ment of prisoners, &c. Gambling is
where parties play or bet for money
or other thing Of value at cards, &C.,
and is a misdemeanor. The grand
jury can compel man who played
or bet with others to testify in the
case.
He insisted that the law against
carrying concealed weapons should
be rigidly enforced. Pistols were
made to kill with, and he who car
ried one is either a law-breaker or
intends to be.
On the sale Of whisky he was very
emphatic, and blind tigers could get
no leniency from him. He said it
was violation of law to sell whis-
KY in Cobb county; the good PEG.
pie by their votes had said that it
should not be sold in this county
and he who did so violated the law.
Previous grand juries, by being dill
gent, had nearly broken up the
traffic in this vile stuff that fills
jails with criminals, poor houses
with paupers, sheds innocent blood,
drives light and happiness FROM
homes and hearts and makes beg
gars and brings restitution wher-
ever it flows; and if the present
grand jury will dc their duty in sup
pressing this evil and bringing yio-
lators Of the law to accountability,
rest assured he would do his.
On the question of public roads,
he wanted the grand jury not to whip
the devil around the stump, but
make their report explicit and
definite as to the good or bad con-
dition OF the roads. He sympathiz-
ed with the road commissioners,
overseers and hands, in the hardship
! the law imposed. but he only knew