The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-12-26

they will be asking for other convictss
from the state to effectually carry on
that work.
1t might be of advaatage to enlarge
the Jurisdiction Of the magistrates in
certain cases and in that ann lessen
the number of prisoners bound over to
the criminal court in petty cases, who
frequently remain in jail from thirty
days to four months waiting trial.
/ think that there hould be more
care paid to the selection of magis-
trates for the county, by our repre-
sentatives in the legislature.
Let me say I'm closing, this letter
does not emanate from the board OF
commissioners, but is simply in answer
me.
Very truly yours,
w. B. McKOY.
When Mr.. Worth had read Mr.. Nc
Koy's letter he stated that never
theless he had it on the authority of
people in a position to know that a
large majority of the cases which come
before the magistrates are of a very
| trivial character Many of these really
worked up by them or by runners
and that conditions would be far bet
ter in every way IL a trial Justices
court were established.
COLONEL MOORE'S STATEMENT.
Colonel Roger Moore, chairman Of the
board of county commissioners, was
called upon for a statement. He said
that for many years it has been a con-
slant complaint that the abuses COM
planned of by the chamber existed.
Runners had secured the city for all
manner of trivial cases for the trial
of which the county has been put to
very great expense. However, during
the administration of the present sher-
if, Colonel Moore said, this abuse has
been very much lessened by reason Of
care exercised by the sheriff in ap-
pointing the deputy sheriffs, those ap-
pointed for various magistrates being
-ermed runners" Still it is by no
means abated.
Colonel Moore expressed the opinion
that magistrates nave not jurisdiction
enough, being obliged to bind over too
many cases for the higher court for
trivial Offenses. Under the present
system Jail and turnkey fees are con-
stantly increasing, the Jail fees for
1899 being So, 028.S9 against 81, 704 during
1898. OF the jail expenses for 1899.
$2,337.15 was for fees alone. There was
paid to the magist1 ates of the county
as fees for cases sent up to the criminal
court during 1898, $539.0S, against $577.11
during 1899, and during the past year
s119.53 was paid out as fees to consta-
bles.
Colonel Moore said it would be really
impossible to stimate the total costs
of the present system Of magistrates
| courts to the county. He explained how
often the negroes were charged with
offences, placed in Jail, taken out for
trial, convicted and taxed with the
costs, which they arranged to pay in
irstallments, paved within a small sum
of the amount and then would be re-
-~I - 80; R~- ill.,
to pay the balance, this multiplying
the Jail fee expenses Of the county. He
said the Jail is kept so crowded with
prisoners by the prosecution of frlvo-
louS cases under the present system
that it is very hard to keep the jail in
good sanitary condition. He inciden-
tally referred to the recent report of
the grand jury of the criminal court
in which it will be remembered that
unfavorable criticism was passed upon
conditions in the jail. He said the re-
port was very misleading and did the
county authorities a gross injustice and
he did not think it right for such re-
ports to go out to the world bearing, as
they must, a semblance Of truth by rea-
son of their official character.
He illustrated 10Th the injustice Of
the grand jury report n the ridicu-
louS practices in some magistrates
courts by stating that the woman
whose "deplorable condition. in Jail
was dWelt upon in grand jury report
was arrested and placed in Jail for a
crime for which she was convicted.
The magistrate by whom the case was
tried then re-committed her to Jail for
the costs and subsequently married
her ito the man particeps .criminus in
the offense committed and then threw
both the man and the woman in Jail
for costs, thus putting upon the county
the entire costs Of the proceedings as
we'll as the feeding and clothing of the
man and woman for nearly a month
Colonel Moore suggested that 1t
might be a good plan to dispense with
all save say two magistrates in the
city n pay them stated salaries. He
said, too, hat the board of commits
siOners contemplate working not only
the criminal court convicts on the pub
lie roads as at present, but also those
prisoners put in jail by magistrates in
default of costs. He is sure that they
have the right to do so.
The chain gang is now, Colonel
Moore said, doing good work on the
county roads preparing them for ma
cadamizing, which will be commenced
as soon as advantageous contracts for
rock, outfit, ETC., can be perfected.
Mr. J. Allen Taylor said it was evil
dent that the laws governing the mag
~istrates were so drawn that they could
very greatly abuse their prerogatives,
especially by trumping up cases for the
costs. He thought it of the highest
Importance for the sheriff to appoint
only the very best available men as
deputies or runners for the magistrates
Colonel Waddell expressed the idea
that the number Of magistrates in the
county should be restricted and a re-
corder'S or Justices court established
for the city with saiaried judge. He
said that during his term of office as
mayor the city has received fully
$2,100, in fines from, the mayors courl
against probably $22 for a similar pc
Rod under the former mayo who re-
ceived fees for cases tried instead of g
salary as is now paid to the mayor. He
believes the former mayor must have
made 800 or $4,000 during a yea In
official fees from mayors court cases
Captain Thomas d. Meares said the
conditions which confronted the bust.
ness men were the cost of the present
system to the tax payers as compared
to some system to be suggested an6
that under the present regime justice
4 s. ~o