The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1894-03-13
THE JUDGES A
His Honor Gives the Law on How JaiIs
and Poor Houses Should be Kept.

Judge Whitaker has incurred the dis
pleasure of the commissioner In several
counties on account of his efforts to
point out to them the law in regard to
tails and other public institutions.
County commissioners generally con-
sist of several of the most influential
men in each county. In some cases
these men hold that the King can do
no wrong. From what we can learn,
Judge Whitaker has done nothing but
his duty. II county commissioners do
not see that the jails are properly kept,
they should be called to account. Quite
a number of "me too" papers have
criticized the Judge rather harshly, and
in order to show our readers just what
the Judge has done, we quote the fol
lowing from the columns of the Win
ston Sentinel, being a synopsis of the
Judges charge to the Forsyth county
Grand Jury:
His Honor delivered an able and
voIuminous charge to the grand jury.
He first reviewed in detail the rules by
which they should be governed in the
investigation of misdemeanors that
should come before them.
"There were some radical positions
taken and well sustained with refer
ence to the relation of the Solicitor to
the grand jury. The Judge said: "A
solicitor is not a judicial officer. He
cannot declare the law. That function
belongs to the Judge. If you desire to
be informed of the law or other duties
come into the court and ask instruc-
ton from the bench. The solicitor has
no business in the grand jury room.
None but witnesses have any business
before them
cat the conclusion of this section of
his charge Judge Whitaker paid high
compliment to Solicitor Barber. He
declared that there was not a more able
or honest solicitor IN the State, and
that he was actuated in his efforts of
prosecution for the State, not by the
desire for the four dollar fee, but by a
sense of duty.
The next subject handled by the
Judge was the law with reference to
the duties of county commissioners in
regard to their duties In the mainten-
ance of a court house, Jail, etc. He
quoted from the laws of North Caro-
lima with reference to the duties Of the
commissioners in the maintenance of
these buildings, and their power to levy
taxes for building and repairing the
same.
"He also sighted the law with refer
ence to the duties of a jailer in the
keeping of prisoners. It is required,
said the Judge, that prisoners shall
have a clean place, comfortable bed
ding, wholesome food and drink and
necessary attendance. This is required
for all prisoners, even those convicted
of high crimes. How much more ought
it to be required for those who have
not been convicted at all.
THE prisoners must not beluxurious
ly surrounded but the demands of
humanity must be supplied. The law
in this respect is humane and in step
with the civilization of the age, and
reflects credit upon our great State;
but l am sorry to say that in many of
our counties these laws are disregarded
and deliberately violated. Many of our
police prisons and common jails are
filthy, filed with bad and sickening
Odors and noxious air. In a certain
jail that I visited in this State there
were confined in n cell, 8x1O feet,
four persons, one of them being an in,
SAM man, put there because there was
no room for him in the insane asylum.
The cell was poorly ventilated, there
vas no chair, no bed or bed clothing
unless you dignity by that name a thin
straw mattress and q few dirty blankets.
In n corner of the room was an open
bucket which held natures discharges
which was removed by the jailer once
in "a hours. In the other corner sat a
bucket of drinking water. AS I stood
and looked upon this picture my heart
ached and my stomach grew sick. The
insane man of course had committed
no crime, and the other three were only
charged with some minor misdemean-
ors. And these three, besides having
to endure the filth and offensive odors,
and drink water which had absorbed
the poisonous gases which came from
the other bucket, were in constant dan
ger of being killed while they slept, by
their insane prison mate. All this was
in North Carolina in the midst of en-