Mexico weekly ledger., 1895-12-19
JUDGE HOCKADAY'S CHARGE.
A Fearless and Courageous Appeal
TO Callaway's Grand Jury-Mob
Violence Treated at Length.

w ASAS a.
Judge ]. Il. Hockaday, at the De-
cember term of the Circuit Court of
Galloway County, delivered the fol-
lowing fearless and courageous charge
TO the Grand Jury:
"Gentiemen Of the Jury:
"Before entering upon the discharge
of your duties the law requires that /
administer q charge to you in rela-
ton to those duties in the investiga-
lion of offeDses against the criminal
laws OF the State.
"From q wise public policy you are
constituted a strictly inquisitorial and
secret body, and to the end that the
highest efficiency may be attained in
the speedy arraignment and trial of
the criminal classes, every facility is
afforded you for a thorough and
speedy discharge of the duties de-
VolVing upon you. To this end you
have the right to a compulsory pro-
cess ter witnesses, and you have the
power of the court III securing their
presence and testimony. When you
reflect that your tribunal is the great
safeguard of society, that the grand
jury system has been inaugurated by
Government for the protection of the
lives, liberty and property of the cit
liens, you viii readily appreciate the
high and responsible duties commit
ted to your charge. The law, i'll its
wisdom, has clothed you with all
necessary power to make most effect
i've the great purpose in view in the
original Institution of your body. To
that end you are constituted a strictly
and thoroughly independent body.
There is no power that can interfere
with or restrain your investigations.
There is no tribunal that can dictate
the subjects OF your investigation, but
the conduct of every citizen, what
ever may be his relation to society,
in so far as that conduct involves any
violation of the criminal laws of the
State, is subject to your scrutiny and
investigation. Hence it is that from
time immemorial the Grand Jury has
baen regarded as the great terror to
the evil doors on the hand, as It
is the great shield of protection
to the law abiding citizens on the
other hand. The law has further
thrown around you every safeguard
to preserve f~earlessness on your part
in the discharge of the important and
delicate duties it imposes upon you.
And 1t esteems no citizen worthy of a
place upon the Grand Jury who has
not the moral courage to discharge
the duties imposed upon him by law
and by his oath, however delicate or
even hazardous those duties may be.
Every responsible duty in life often
times has its delicate and ever haz-
ardous features. The Grand Jury
axstem is no exeeption.. bgt rather an
~eXaggeratiOn of this indextble RUE
in the ordinary affairs of life. But
the law in its ~precaution has thrown
around you the veil of secrecy for the
purpose of protecting you as far as
! possible from the resentment of the
vicious classes whose conducts you
are called upon to investigate and to
relieve you from unjust public criti-
cism.
"Your acts are known only by the
tribunal, and not as the acts Of an in
diyidual. In other words, your in
dividuality is merged in the tribunal
for the wise purpose to which 1 have
already alluded.
"There is another feature which
should have its place in every grand
jury, and that is an utter absence of
any spirit of injustice or oppression
to the law-abiding citizen, and there
is nothing that will tend to inspire
such confidence and respect for your
tribunal as a strict adherence to the
rule Of conduct in all your delibera-
tons.
at is your primary duty to inquire
diligently into all felonious offenses
committed within the limits of your
county, of which you may have per-
sonal knowledge, or of which, knowl-
edge may be brought to you from any
reliable source.
"And IN this connection, l regret to
state, that since the last empaneing
of a Grand Jury by this court, we have
had some very fragrant violations of
law in this county.
"The prisoner Divers, as you all
know, who was in charge of the sher-
if of this county, under a writ issued
by this court for his apprehension and
production here for trial, while on the
way to the county seat for the pur-
pose of being tried, was forcibly taken
from the officers by a mob and hung.
The offense with which he was charged
was n of the most hideous and bru-
talthat ever occurred within the limits
of our county, and so far as he is con-
cerned, no punishment was too severe