The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1889-08-15
ARRAIGNED.
SULLIVAN AND HIS BROTHER PUGI-
LISTS BEFORE THE JUDGE AND
GRAND JURY AT PURvIS.
The Grand Jury Wants to Transfer the Cases
to a Justice of the Peace-The Judge
Threatens the Jury.

! PURvIs, Miss, August 13.-A prominent
Mississippi gentleman, with whom many
residents have conversed in confidence,
says that there is general feeling in Ma
rion county against doing anything with
the accused, whatever might be the feeling
of the rest of the state. The grand jury
had been discussing the matter of trans
ferring the prize fighters to justice of the
peace. The district attorney had opposed
such action, and the grand jury was hesi-
tating, with the probability that it would
indict Sullivan and Kilrain and refer the
other cases to a justice of the peace, or not
return any indictments at all against the
others. The grand jury adjourned about
noon until o'clock, at which hour it re-
assembled
The court met again at 2:30, and the
judge at once ordered the sheriff to send
for the grand jury. There were very few
people in the court room at the time but it
gradually filled up as the news spread. A
majority of attorneys were on hand. The
grand jury was followed into court by q
crowd, and it could be seen ON every face
thatimportant developments were expected.
Judge Terrell speaking with little more
the charge to the grand jury, of which the
following is synopsis: The judge stated
that he had heard from gentlemen in no.
wise connected with the grand jury that
they had been discussing matters. He re-
minded them they were under oath
to keep everything secret Besides,
l suppose you know, ne said, that
you are indictable for anything that gets
out by your fault. The matter | refer to is
that it was rumored you desired to refer
these matters to justice of the peace.
Upon your oath you swore you would make
true presentments of all matters and things
coming before you. | especially instructed
you to find according to the facts. There
is statute authorizing the grand jury to
refer certain misdemeanors to a justice of
the peace. There is one thing-these mat
ters cannot be so transferred without
the concurrence of the court. The
judge is as much a part of the court
as you are. The constitution is part
of the supreme law of the land,
higher than any Legislative act and it says
that circuit courts shall have jurisdiction in
all matters civil and criminal in this state.
This court has original jurisdiction in all
court has not got it. This is the only court
having it by the constitution. All the
legislatures that might meet could not
transfer it to any other court. | want to
say to you, gentlemen, it is not in your
power to transfer the cases without the con-
sent of the court. AS judge of this court, 1
would not permit such thing. So far
as your deliberations tend in that direction
you might as well give them up. Just say
if you want to transfer, and there is power
in the court to do without your service.
You are selected by the sheriff. Unless you
obey my instructions shall discharge YOU
and direct the sheriff to summon new
grand jury, and shall inform you that un-
less he summons men who will obey my
instructions | will impose fine of 81, 900
upon him. In the investigation of this
you will have done your duty. This court
costs 500 day. That is no little money
to poor people, and the sooner you end this
matter the better for all parties"
The judge said he hoped they would take
counsel of their own wisdom. If you do
not want to find bills say so. This court is
amply able to do without your services. /
expect my instruction ms to be noticed.
The grand jury then filed out of court
1t was study to watch the jurymen's
faces during the charge; some sat and nod
ded at each as if to to say, 81 told you So"
The charge created great excitement.
Judge Cathern, of counsel for the de-
fense, asked the court to note an exception
in behalf of Sullivan. 81 will" replied
Judge Terrell, and he picked up law book
and resumed his usual appearance. The
lawyers now seem to think the grand jury
will have to indict the principals, if not the
abettors.
One of the attorneys for the defense said
he thought the charge erroneous, because
the legislature is competent to prescribe the
modes of procedure and the court has no
jurisdiction in the matter until the indict-
ment is found. This will probably be the
ground taken by the defense in its bill of
exceptions.