Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1896-11-13


be arrested, charged with the commission Of
crime under circumstances of peculiar
atrocity, or in time of great political ex.
citement, whether he be guilty or not, when
ever a band of law. breakers can be organ.
lied who will deliberately wait until the
Sheriff is out of the way and then effect their
purpose without any danger to themselves
by the safe and easy process of terrorzing
timid jailor.
l am certain, gentlemen, that you will take
this grave offence against the authority, the
integrity, nay the very existence of the law
in your charge, and that no considerations OF
expediency will deter you from giving the
matter the patient, thorough and rigid in
vestigation which its importance demands
The States Attorney will furnish you
with list OF tn Q witnesses whose names he
may havei in his possession, whose testimony
will In his Judgment tend TO throw any light
upon the subject matter of your investga.
ton, and you have the right and power to
summon any others you may require in the
prosecution of your inquiries.
ASH have said, l feel assured that there will
be no nunwillingness or hesitation on your
part to perform your full duty in this regard
and to make thorough investigation of this
outrageous affair, but should unfortunate
ly be mistaken in my conception of your
mOThi uUIt, uuu tuiS July suoulu uSShuc w
enter upon the inquiry, it is to be observed
that the statute of limitations is no bar to
this crime, and it will be given in charge to
the grand jury of each succeeding term until
a body of men shall be found who will have
the integrity and the courage to measure up
to the standard of duty imposed by the
oaths they have taken.
The affair at Sandy Spring seems TO have
been an ARRAY among party of negro
toughs, infuriated by whiskey or beer, or by
Doth, which they had obtained from an illi-
cit vendor who had wagon filled with these
contraband articles on the outskirts of the
meeting, and who is therefore primarily re-
sponsible for the riot and murder that en- =
sued, and who should be severely prosecuted
And this brings me, gentlemen, TO the con-
sideration Of the numerous violations of the
local option law which have brought disgrace
upon the administration of the law in this
county.
Whatever may be our individual opinions
as to the propriety or expediency OF this law,
il stands upon the statute book-it is te1
scrfpta, and il is our duty to strictly enforce
il, and the duty of the people to implicitly
obey ii.
II the latter or any part thereof, fail in
their duty, then there is the greater necessity
for the Court, of which the grand jury is so
rigid enforcement of the law and the impo-
sliou upon the convicted volators thereoi OF
the severest penalties permitted by its pro-
visions
The law should either be enforced or re-
pealed and until the Legislature has taken
action resulting in its repeal the Court has no
other alternative than, so far as IL has the
power, to compel respect for its autho rty and
obedience to its mandates by rigid and i'm
partial application OF its penalties.
Much OF the immunity enjoyed by offend
ers against this law has been the fault of the
petit Jurors, whose duty it has been to try
these offences. il is a fact shown by the rec
ords of this Court, that no person indicted
tor the sale of hard cider or the common ar
ii lie of lager beer, sold under the fraudulent
and deceptive name Of pear cider, has ever
been convicted by petit jury in this county,
and yet il is a notorious fact that both have
been and are still being sold all over the
county, and an equally notorious fact that
each is intoxicating.
1t is barely possible that jurors may have
II mistaken conception of their duties in the
trial of such issues, and il may therefore be
the duty of the Court, if possible, to correct
such misconception.
In the trial of an individual for Il viola
ton of this law the question of a sale or not
is TO be determined by the jury from the evil
dence submitted TO them In the case, and even
upon that issue they are not bound 10 believe
ever thing that is said by witnesses, but
when it comes to the question OF whether the
liquor sold is intoxicating or not the common
sens. and common knowledge of the Jury
comes as much into play aud is as important
and potent u factor in attaining the result as
is the testimony OF the witnesses which is
often very unreliable and in some instances
il Is to be feared absolutely corrupt.
The Juror is not required by any rule OF ev-
idence TO surrender his common sense TO the
keeping of a witness who may for reasons
best known to himself choose to play the part
of an ignoramus or knave. The result OF
such surrender is often verdict equalled
only in it's stupidity and absurdity by the
ignorance and venality Of the testimony by
which it is sought to be excused II Juror
knows by personal experience, or as the re-
suit Of observation and general reputation,
that hard cider and pear cider will produce,
though in a modified degree, the effects of
other intoxicants, he has no right to smother
Of forswear his own knowledge or common
sense, although a hundred witnesses, with
Hippant tongues and easy consciences, may
swear that they do not intoxicate.
| am advised, gentlemen, that you will have
before you for investigation large number
of cases Of comparatively small Importance,
uhuf vi tutm NViJ Rcos
As have had occasion to say before there
is room for the exercise of large amount of
discrimination in the presentment for trial
Of these cases. One OF the maxims Of the law
is dc minSnsis non curat Ter, and very often
the ends of Justice are better subserved by
ignoring trivial offenses than by investing
them with the formality of an indictment
and the importance OF regular trial with
its attendant large expense to the county.
The general public have some rights as well
as the complaining witnesses. These matters
therefore are wisely confded to the sound and
discriminating judgment Of the grand jury.
II is manifest however from what has been
stated that the summer vacation has been
characterized by a regrettable spirit of law
lessness and violence in this county, which
it is the duty Of this Court to vigorously re-
press, and to that end your active corpora
ton is earnestly invoked.
The Courts OF this State are required to
give in charge to the grand jury at each
term Of Court the provisions OF Section OF
Article 27..of the Code in relation to Abor-
lions, and Of Section 46 of the same Article
in reference TO defaulting public officers
am not aware that the provisions OF either
Of these laws have been violated in this coun-
", and your attention is simply called TO
them ia the discharge of an official duty i'm
posed upon the Court
You will now retire TO your room aud COM
plete your organization, and in dismissing
you for the present, you will pardon me for
expressing the hope that you will try to dis
patch the business OF the term with such ex-
petition as is consistent with proper and
thorough discharge of your duties.
Fire at Linden The dwelling at Lin.
den, this county, owned by Mr.. Thomas w.