Semi-weekly interior journal. [volume] (Stanford, Ky.) 1881-1905, 1899-02-17
THEDurY OF GRAND JuRrEs.


row on the Dcucn. rs usual the lu1ge
charge 70 the grand Jury was clear,
forcible, and eloquent, and am proud
10 Snow that read Law under jurist
80 able, so profound. don't think
there are two ADLER circuit judges In
Kentucky than Judge Morrow and our
, own brilliant Sauney. Judge Morrow
once told me that all the law there was.
was In Biack-tone-that other text
writer's only commented on what Black
stone bad said have long since found
this to be true. Blackstone indeed
taught Jurisprudence to speak the Ian
guage OF the scholar and the gentle
man.
have discovered there are two theo-
ries abroad IN the land. One Is that a
grand jury L. kind OF an investiga-
ting proceeding or little more than a
court OF inquiry or investigation to see
whether or not there be sufficient evil
u dence OF guilt To put defendant on
trial before the petit jury and II So in
dict him and let him answer before tae
circuit court. In face Of the public and
after full, fair trial when all the facts
y shall be brought out by opposing coun-
= sci. and the case fully heard, then II
defendant be not proven guilty, let him
be acquitted, NJ the burden OF the proof
l. on the Commonwealth aud she has
:, failed to make out her case This Is
- certainly the true theory. do not be-
70 lieve in sitting cases before the grand
Jury. | can now recall few cases Of
murder most horrid ia both Lincoln
=" and Rockcastle, where grand juries
have failed to indict the felon because
of family connection and high social
standing. AS there can be no trial
= without an indictment the guilty thus
:" escaped with impunity. But to the
~ credit Of both counties. be IL said, |
'e have not known OF any recent murders
" In either county where the grand jury
failed TO discharge their duty.
D. The other theory is that unless the
grand jury believe beyond reasonable
VI doubt the defendant is guilty of the Of
&c Tense charged they should not lind at
W indictment. This theory is certainly
y erroneous, and converts the grand iur,
AT into trial jury instead of a jury for
~ Investigating the facts OF a case to Sc,
OF whether or not there be sufficient fact
10 developed before the grand jury TO In
~ diet the party charged and compel hin
-. 10 answer before the bar Of public jus
al tice in the face OF the world. A CRANE
Jury may have a reasonable doubt o
Ie' the defendants guilt and yet hav,
Oh abundant proof 10 justify finding an in
NC dictment. The facts OF a case can new
err be brought out as fully before 4
DO grand jury by the Impractical foreman
ne as by a Common wealth's attorney, whC
H. has been educated to extort the truth
10 from the reluctant lips OF dishones
'a' witnesses, who often defy grand jar!
az and refuse TO tell what they know, an'
ne have 10 be reported to the court an'
"u sometimes even jailed by him to coerc
'n' the truth from their unwilling lips. A
., one petit jury may sometimes come II
- one of hanging "A defendant, and tn
-. next jury acquit him or converse, .
a. grand jury might have reasouabl
- doubt OF defendants guilt and fail /
=, indict him, yet II may be II the case wa
:. submitted to petit jury upon the sam
facts they might have had no reasona
-, BILE doubt OF defendants guilt and nigh
have hung him or sent him to the per
itentiary. Therefore when there ar
sufficient grounds for indicting tn
" criminals let them be indicted, an
-, given fair trial and full punishment
VI then Justice will be satisfied. lam Xix
~ Horace Greeley when applied to by til
temperance people for a contribution
" keep people from going to hell. Gree
ley said: 'Go long, won't give you
arr cent. There are not half enough pc,
ISL Pile going to hell now" | say there ar
ig- not half enough people going TO th
mis- psnitentiary now, except those tina
ought TO be hung At home.
But there are great many too man
lhe coming out of the penitentiary befor
the expiration OF their time, with a
~ Ola DluDDcEluS toseu iihc suo iic'
tenant governor turning out sue
murderers and robbers as Ferrel
OF who murdered and robbed Sutton, nea
Crab Orchard, some time ago. ! shout
lu- like TO know what honorable citize
asked for the pardon OF such vii
miscreant, who confessed his guilt an
the stolen property was found where b
said he had hid IL. Had he killed ma
'o'- In sudden heat and passion he migt
never do SO again, but where a ma
i murders and robs, as he did, he Is th
same vile monster 80 years after th
SEES horrid deed, as he was when he con
w. mitted II.
Let the law be enforced--lct justiS
apy be done though the heavens fall
ais FoNTAINE Fox BoBBTT.
o. p. s.-Tell the farmers to feed the
/ flH Ill a. Ill NIL