The western sentinel. [volume] (Winston-Salem, N.C.) 1887-1926, 1894-03-01
THE JUDGES CHARGE
FORSYTH SUPERIOR COURT NOW
IN SESSION.

His Honor Gives the Law On How
Jaiis and Ponr-Houses Should he
Kept Refers to Newspapers.
Judge Whitaker arrived here Monday
morning and opened court at IL
o'clock.
The following are the names OF the
grand jury: T. a. Crews. foreman,
Samuel Vance, Samuel Whit, Ii. L.
Hiue. p. H. Simpson. IL. II. Long, j.
II. Sink, IF. Doub, j. NJ. Gordon,
VIM. Jarvis, j. NJ. Glasscock. r. L.
Marlboro, n. a. Steadman, r. W. Da-
Wis, Wesley Idol. john E. Johnson, L.
L. Ziglar, H. L. Foucilt.
His Honor delivered an able
and yolumiuous charge 10 the grand
jury He first reviewed in detail the
rules by which they should be govern
ed in the investigation of miSdemean-
ors that should come before them.
There were some radical positions
taken and well sustained with refer
ence to tue relation Of the Solicitor
to the grand jury. The Judsc said: "A
solicitor is not d judicial officer. lie
cannot declare the law. That func-
tion belongs to the Judge. If you de-
sire to be informed Of the law or 9TH
=
instruction from the bench. The So
llcItor has no business i'll the grand
jury room. None but witnesses have
any business before them"
At the conclusion of this section of
his charge Judge Whitaker paid a
high compliment to Solicitor Barber.
He declared that there was not more
able Or honest solicitor in the State,
ard that he was actuated in his
efforts of prosecution for the State,
not by the desire for the four dollar
fee, but oy d deep sense of duty.
The ueXt subject handled by the
Judge was the law with reference to
the duties of county commissioners
in regard TO their dutitS in the
maintenance of a courthouse, Jail.
etc. He quoted from the laws OF
North Carolina 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 Il jaiier in the
keeping of prisoners. II is required.
said the Judge, that prisoners shalt
have clean place, comfortable bed
ding, wholesome food and drink and
necessary atten dance. IhIs is req uiT-
ed for all prisoners, even those con
victed of high crimes. How much
more ought it to be required for those
who have not been convicted at all.
The prisoners must not be luxurious
~ surrounded but the demands of hui
mainly must be supplied. The law a
this respect is humane and in step
with the civilization Of the age, and
reflects credit upon cur great State:
but l am sorry to say that in many Of
our counties these laws are disregard
ed and deliberately violated. Many
of our police prisons and common,
jailS are filthy, filled with bad and
Sickening odOrS and uoXiOuS air. In Il
certain jail that | visited in this
State there were confined in one cell,
SXl0 feet. four persons, one of them
being an insane man, put there be-
cause there was no room for him in
the insane asylum. The cell was
poorly ventilated, there was no chair,
no ued or bed-clothing unless you dig
nifty by that name a thin straw mat
tress and a few dirty blankets. In
one corner of the room was au open
bucket which held natures discharges
which was removed by the jaiier once
in a hours. In the other corner sat
a bucket of drinking water. As |
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 misdemeanors. And these
three, besides having 80 endure the
filth and offensive Gdors, and drank
water which had absorbed the poi
SOno1S 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 enlightenment and civiliZa-
tion of the nine Jeenth century.
The next and last subject handled
by the judge was libel. He reviewed
what constituted libel either by word,
writing or picture. He dWelt upon
newspaper libel and delivered him
self as to what in his opinion consti-
tuted pure and praiseworthy journal.