Smyrna times., 1893-10-25
How a Kent County Grand jury
Thwarts Law.

now AenC county Grand jury
Thwarts Law.
The last Issue of the DsJa,oarean
its court proceedings, has the follow
ing: ,s.ss--., --.
SRobert D. Hoseoker, editor of q
SMYRNA TINES, who charged Ex-Sher
4 James q. $RObinsOn with assault, appeare
before the Grand Jury on Tuesday, but tt
| latter almost unanimously ignored the bill
1T will be remembered by the readers
the DeLalcGrean that the Ex-Sherif. ei
ragged at certain articles which had al
peared in the TIMES rejecting on his cor
duct in certain matters in which a femal
was implicated, and failing to induce Nj
hoheeker to cease the publication of th
articles, Mr.. Robinson struck the editor
| knocking HIM down. This occurred i
| Smyrna. Mr.. HOffecker then entered sui
against the ex-sheritf, and the case wa
carried to court, with the result as aboy
stated"
A paragraph could hardly be penne,
so diverse of the truth as the closin,
one above, in all its essential features
But it seems to have been statement
just like this on which the Grand Jur,
founded its action and, without wit
nesses or evidence, proceeded to tr,
the case on hearsay statements anc
championed the cause of the defender
when they were filling the place O
cOnservatOrs of the Peace, whose chic
object was to hand over to the cour
for trial those who had violated the
laws of the State.
When the difficulty occurred we
stated the matter in these columns in
as simple form as possible, not going
into particulars, expecting the law tO
vlndicate itself, and there the matter
end. Now, as to the fact in the case.
A few minutes after the assault was
made, and it was violent one without
warning, the father and son went to
the Office of Justice of the Peace Fl. G.
Budd, the first to confess that he had
violated the law, and the latter to
have him bound over to keep the peace
and thus prevent the matter being car
ried to court, but q change in the law
has prevented this being done without
the consent of the person assailed. and
so the effort to fOrestall Justice failed
A DAY or two later the matter came
before Justice Budd in due form. when
both parties were cited to appear with
witnesses, &c. The case was opened
and the witnesses who saw the assault
gave in their evidence. Mr.. Robinson
did not deny the charges nor question
the statements of the witnesses. hut
wanted the magistrate TO settle it as he
said, Justice tempered with mercy :"
but the latter thought the attempt at
personal injury made it State matter
and so 1t was passed over to court for
settlement.
Here is a case where the denfendent
acknowledged his guilt, deemed n Sc
rlous misdemeanOr by Justice of the
Peace VINO has been continuously in
Office over q years and presumably
knows what law is as any member Of
the Grand Jury the witnesses heard
by Deputy Attorney General Giles on
the first Gay of the court and the case
sent down to them to proceed in the in.
terest of the State and yet they return
the bill to the Judges, Ignored. Mr.
Giles said no one was more surprised at
their action than he was; that to him II
was clear case. 1t was a turning down
ana ignoring of the Justice of the
Feace, the States Attorney, the wit
nesses who had testified, the man who
had admitted all the charges. and a
declaration to the court that all the
above were wrong-there had been no
of the law.
Inc DetGWGTeGn gives as a reason for
5he assault land this matter seems to
have possessed the Grand Jurvmeo 4
'nough 1t was feature they had moth
Hg to do with that we had REFLECTED
n the columns of the TINES on bis
conduct in certain matters in which a
emale was implicated" We saw this
S absolutely false, and challenge the
of paragraph or line in
regard TO 1t in any way. The question
was asked by a member of the iurv if
we had not asked about his reputation
before he came to SMYRNA. We oh.
served that we had, on the dav the
assault was committed and eight or
llne months after the scandal had been
'unning and subsequent to an effort nv
citizen to have the occasion removed.
Ine inquiry was simply incidental in A
rlendly conversation, not for publica-
Aon, but to be informed on current
sVents IN the community as is the bus.
ness OF a publisher. An editor knows
lot what moment he may be called !
ipon to write on matters mortuarv
nelO-dramatic or tragic.
IL was also asked if we had NOT nub.
Isned matters irritating to Mr.. Robin.
on. We answered there was one item
We had beard was 30 regarded. the ref.
renee TO the advertisement of the
Town Commissioners for coal bids
me discussion of municipal matters
no other things affecting a commu.
lty are done by all papers, aud if mot
matters for papers to discuss, we do
ot know what legitimate Journalism
IL was understood that Mr.. Robin.
On intended to submit the case nov
ne small cost without trial and tbus
nh the matter. Such super.service.
ole friendship as manifested by the
iand jury is not in the line of trye
lendship: 1t remsnds the matter IN
le people again by making it a con.
'icuO9s case as traYesty on Justice
prOuuce IN the popular mind grave
of the insecurity OF cjti- I :,
'nshiP Their action cannot be %. ,
'unted for only on the ground that
ur or i've of the members, aided bv
iTslde ,E, INFLUENCES. hypnotized the resi-
Inc remark has been made bV MANI
at there was something rottenW i3 II
over. We do not know fuss xvbst
iS means applied to jurymen. but we I
know it implies a state of Affairs :
- contemplated by those who framed !
IT laws. 1t produces doubt and dis.
lst as to the efficacy of law. and 4
mulates the thought in many. of ftbe
GcessIty OF self protection. With snob +
Grand Jury we are utterly shut out q
om protection through the cbannsIs 4
oVIueh 0y lay, or even a chance Of q
ing heard, and are thus compeIled ~ : :
lcing 5urself fairly before the nnhhc .
appeal'to the court OF, last resort y I
application for License Refused
The Smyrna House was one of tha e
rec houses to which the court refoseS =
grant license last week !. and tba. a.. !, :,