Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1896-11-13
Judge Henderson's Charge to the
Grand Jury.
Gentlemen of Tie Grand J4ry.

10 the intelligent gentlemen who consti'
tute this body it is hardly necessary for the
i Court to enlarge about the general duties Of
grand jurors. They are so well and con.
c'sely defined by the oath which you have
taken, viz: "That you shall diligently inquire
and true presentment make of all such mat
tiers and things as shall be given you in
charge, or shall otherwise come to your
knowledge touching this present service,
the counsel of the State of Maryland, your
fellows and your own you shall well and
truly keep secret, you shall present no per-
son tor envy, hatred, malice or illwlll
neither shall you leave any one unpresented
for love, for favor or affection, or for any
pay or promise of reward, but you shall
present all things truly as they come TO
your knowledge, according to your under,
standing" that nothing could say would
probably give you any better or clearer con-
ception OF their character and Importance.
The grand juror who scrupulously fulflls
every clause OF this obligation will have dis.
charged his whole duty In this service.
| There is one feature of this oath TO which
however, at the risk of being prolix, | will
call your special attention, and that is, the
obligation you have taken to keep your pro-
ceedings secret. The strict observance OF
| this part of your oath is of the utmost inn
portance in the administration OF justice.
Nothing has more potent and etfectual
tendency to render nugatory and Intellectual
the action OF the grand jury in the prelimi-
nary investigation OF otfenses, the ascertain.
ment and apprehension OF the alleged Grim
inal and To paralyze the efforts of those
charged with the duty of prosecution as
| leakage from the jury room. Such is the
serious character OF this otfense that,at com.
mon law grand Juror disclosing the evil
dence before the jury was made an acces
sorry to the offense under investigation, IL q
felony, or il treason, a principal, and in the
present condition of the law misconduct Of
this kind on the part OF grand juror is an
otfense Tor which an indictment can be
maintained against HIM or he may be pun
lshed for contempt of Court, and while feel
assured that in your case at least such warn
ing is unnecessary, it is proper that should
| take this occasion to serve notice on the
members of this and all grand jures that
| may hereafter be convened during the in.
| cumbency of the present occupant of the
| Bench that SO lar as his individual Judgment
and action can be etiicacious any juror found
guilty OF this otfense will be punished as
severely as the law will permit.
AT the last March Term Of this Court |
congratulated the grand jury and the public
| generally upon the notable exemption of
this county from all crimes OF serious
|
that such congratulations cannot be repeated
at this term. Since that time an epidemic
of crime seems to have spread over the coun
| ty, and daring the entire summer crime has
| followed crime in such rapid succession
that the Jail has been kept crowded to It's
lul capacity and the places of those released
| on bail have been Immediately filled by other
accused persons, so thGt perhaps never be-
lore in the history o. this Court has there
| been such a number of cases ready for pre-
sentation TO the grand Jury Immediately
upon its organization Some OF them under
| charges OF the gravest char icter.
In the early morning OF May 20 last an
assault was made upon the sleeping family
of Mr. X. Lemuel Buxton, OF Gaithersburg,
which for its horrible fierceness, atrocitY and
| brutality, and the absence OF apparent mo
tive, Is without parallel, ut least in my ex
pcrience. IL was the work OF fl md or a
mailman. By this assault, Mr. Buxton, his
vile and his two daughters were desperately
wounded, and the injury inflicted on his
youngest daughter, Sadie, were such that
they resulted in her death ten or twelve days
thereafter
For the commission of this dreadful crime
negro named Sidney Randolph was arrest,
ed, and after the investigation maze by the
corOuer's jury, who by their verdict charged
was duly committed TO the Jail OF this coun
~ to await the action of the grand jury.
On the 14th of June last, before the hor
ror and con sternation excited by this awful
tragedy had subsidized terrible affray oc
CURED among party OF negroes attending
a church meeting OF some kind ut Sandy
| Spring, which resulted In the violent and
immediate death of Clarence Thornton and
| the iDfliction OF severe wounds upon several
others engaged in the atfray.
But, gentlemen, In its essential character
and in It's deplorable, far-reaching and per
manent effects upon the people of this com
munity and this county, by far the worst
crime in the whole list which will be sub
mtted u you for consideration and investi
cation was that committed by small band
of law breakers who on the night OF the Sd
| OF July last made an attack upon the coun
ty jail and iorcibly abducted thererom and
brutally murdered sidney Randolph, who
was confined therein to await your action
on the charge of numbering Sadie Buxton.
Lynching under any circumstances is de.
| plorable. IL is a crime which undermines
the foundations OF civil government, and is
areturn to or possibly survival of the savage
idea which demands the immediate forfeit
| ure of life in return for life taken, without
waiting for condemnation and execution by
| the processes oil law. It's practice Is de-
moralzing To courts, juries and the public
| morals.
There are sometimes, however, conditions
which serve to paliate while they cannot
excuse, much less justify, this crime, bat
none OF them existed in Randolphs case.
There was no sudden, tremendous and
general outburst of popular horror and IN
| dignation calling for instantaneous ven
geance There was back of the criminal
act not even the demand or support Of
partial public sentiment 1t is indeed doubt
| full whether, outside OF the actual paTtici'
pants, there can be found III the community
| one person who is willing to apologize for +,
much less approve it,
1t was the deliberately planned work Of
small party of organized consprators, who
waited for six weeks after the commission
of the crime for which Randolph was held,
when the machinery of the law had been
| put in regular operation, with reasonable
prospect that the trial OF the prisoner would
result in his conviction and execution, and
who waited further until they had certain
knowledge that the Sheriff had left the town
and the prisoner was absolutely without pro
lection and then stole under cover of dark
ness and disguise and committed the das
tardly deed.
They are guilty of needless crime for
which there is neither justification, apology,
excuse or palliation, and under the clrcum
stances the killing OF Sidney Randolph was
wilIful, deliberate, cruel, cowardly and
treacherous murder. Cowardly, because had
the sheriff been at the Jail the crime would
not have been attempted. One brave man
armed with a sense Of duty, bis obligation
to protect the prisoner in his custody and a
revolver would and could have successfully
resisted the whole gang. Treacherous, be-
rause the sheriff could have removed his
prisoner to place of safety had he not been
assured by persons (who could have CONTROL
ed the action of this lynching party and pre-.
vented the commission Of this crime against
the majesty of the law and debauchery OF
public morals if they would) that no lynch
ing would be attempted or was ever con.
templated, aud that the law should be per-
mitted to take its course.
ILin nantInrnnn 10 crime which il Ia