The Caucasian. (Clinton, N.C.) 188?-1913, 1890-05-01
SAMPSON SUPERIOR COURT.
Many Important Cases---The Judge
Clear and Lengthy Charge.

u
the spring term of the Sampson
Superior Court Monday morning
promptly at 10 o'clock. The follow
ing Grand Jury was drawn from
the venire, published several weeks
since:
ID. F. Colwell, John M. Fason, d.
w. Williams, F. w. Herring, Lee
Fennell, r. l.. Wilson, James Jack
son, J. A. Weeks, w. B. Murphy,
d. w. Bland, J. A. Fort, O. III. Oar
den, w. NJ. Draguhon, Ed. Barbrey,
f. Barefoot, Willie J. Faircloth. l..
S. Bell, M. M. Fennell.
Mr.. d. F. Colwell of Harrells
Store was made foreman. His
Honor's charged to them aslengthy
but unusually clear, logical and forci-
bic. He commenced with a discus
sion of the -ature of Democratic
form if government, showing the
necessity for the three great divi-
siOns of such government into
Legislative, Judicial and Executive
Departments. Each separate and
distinct, yet each complementary
to the others. The first makes the
law, the rule of action, prescribing
what must be done or is right, and
prohibiting what is wrong; and fixes
penalty for the violation Of this
rule Of action. The second the
judicial department determins what
the law has been violated and names
the penalty. The third, rhe decision
of the second department, the
courts. You gentlemen Of the Grand
Jury, are for this term of the court,
part of the court, and the remain
der of the court is pOwerless ferret
one wrong and the Executive de-
partment is poweless to punish
such wrong except through the in
itratory steps taken by you. The
law is made for the protection of
life, liberty, reputation and property,
and the protection of the peace and
happiness of society in your county
is in your hands. It is your duty
to protect society rot only by max
ing deligent inquiry and true pre-
sentant Of every violation of law in
your county, but also to protect any
and every member of society by
seeing that he is not hOrrassed and
dragged into court on any charge
whatever unless there appears suffi.
cent evidence to justify further
investigation in open court. 1t is a
great responsibility and ifthe county
commissioners have done theil
duty in selecting you as part o.
this court, then this court will do its
duty towards society. You are no
left to perform this grave and i'm
portant task without any assistance,
for it is your duty any time after
hearing this charge, to call upon the
Judge (who is supposed to know che
law thoroughly to explain more
fully any point on which you have
the least doubt. The Judge ther
went on to classify and define thu
various Offenses that usually com,
before the courts and to explain tn,
law that applies to each. Sorry tina
we haven't space to give these, bu
in view of the fact that a capita
crime will come before this term o
court we will give his definition o
. the three kinds of crimes commit
ted in taking human life:-MURDE1
} is killing with malice afore thought
Any killing is murder if there ar
no mitigating circumstances. MAN
SLAUGHTER is killing without mali
ce, for instance when one man kill
another accidently. Every KILN
that is unlawful is manslaughtel
even if there was no intention @
crime.
HOMICIDE is killing in self defenc
!, or to prevent one from comnlittin
l crime equally as serious, that i
/, about to be committed, there bein
= no other possible way Of preventin
: it. But to make a claim of Sc
, defense, the party himself mu.
have been without fault. Rape
murder, arson and burglary of til
LIST degree are the only crimes