The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-07-17

VIC - duk4scd ina NlClS 40 ~
legal ground for the grand jury
to proceed in the matter. ii is
clear that while a lawyer may thus
default without rendering himself
legally liable. the conclusion forces it
self that such practice is TO the detri-
ment of society and in derogation Of
the ends Of justice. In the absence OF
| legal remedy the greater duty is en-
Joined upon public sentiment to force
redress. We condemn the practice as
| unprofessional, and invoke the aid Of
a sound public sentiment to stop the
abuse.
ACQUITTALS.
I'VE note that many cases in which
the grand jury finds true bills are ac-
| quilted in the court and We are of the
opinion hat If the testimony given be-
fore the grand jury We're repeated in
the court, that conviction would fol-
low in almost every case. and we sub
NIT for your consideration the PROPOSE
ton that if some means could be de-
vised by which witnesses would be in
dicted for perjury where the evidence
given before the u was Of a con-
trary character to that made before
the grand jury, the ends Of justice
would be more nearly accomplished,
PRESENTMENTS.
I'VE respectfully suggest the wis
N1AAA u 10 as 1T SOAlCllOA ldN Hdl-
rants on presentments returnable to
the grand jury, with whom the pre-
originate, for the very OBJ
vious reason that information on which
presentments are made is subject to
modification or failure when investiga-
ton is instituted by a subsequent
jury. Furthermore, the character Of
the witnesses on whose testimony pre-
sentiments are made. is. such, in many
cases, as to preclude the hope of ind
ing true bills before mother jury con-
Quoting independent inquiry and ig-
norant of the evidence previously
given by such witnesses, and of which
fact the witnesses are we'll aware, and
behind which they shield themselves
with impunity.
SALE OF LIQUORS.
I'VE point out the possible evil aris-
ing from licensing the sale of liquor
or beer on or near the Wilmington
turnpike, and recommend to the
county commissioners hat they dis
continue this practice. The turnpike is
a pleasure drive, and in the nature Of
the case should be secure against all
possible violation of the peace or the
disturbance of public order, and the
sale of liquor in the vicinity being
practically without police control, is
a menace to the favorable conditions
which should obtain in the premises.
CONCLUSION.
In bringing our labors to a close, we
are conscious that We have been in ses-
sion longer than the average life of a
! grand jury, which circumstance is ac-
counted for in the accumulation of
business incident to the unavoidable
passing of the March and June terms
OF the criminal court, together with
u inability to command the attend
ance of witnesses. We could, however,
have concluded Our sitting earlier had
We not inclined strongly to the opin-
ion that the public good would be ad-
vanced by having bills returned on
/ presentments sent up, and to this end
have for several days adjourned from
time to time in order to give the So
lfcitor time n opportunity to draw
the warrants.
Having dispatched the business be-
fore us, we respectfully ask to be dis
charged.
81. A. TAYLOR.
"P. PEARSALL, Foreman.
Clerk.
In this connection the names of the
full grand jury will be of interest,
especially inasmuch as they are rec
ognized for service next term. They
are as follows: J. Allen TAYLOR (fore-
mani, j. H. Strickland, J. w. Jackson,
j. H. Mintz. P. Pearsall, NJ. B. Kerr,
I. F. Hines, R. w. Haywood, Hancey
Blanton. Eben Piner. j. S. Sneeden,
Fred F. Zellers. James Hewlett. A. H.
Holmes. Z. c. Woodbury., A. j. Howell.
W. f. Kerr and J. F. Holt.
THE PERCY OF DOMINICA CASE
The conclusion of argument and the
charge by judge Moo to the jury
he entire session of the
court yesterday from 9 a. m to $50 p
m. n the jury lac not arrived at &
verdict at a late hour last night.
1t will be remembered that the TAX.
ing of testimony was concluded Thurs
day afternoon and argument submitted
to the jury by E. NJ. Koonce, Esq, fol
the prosecution and L. V. Grady, Esq.
for the defense.
Yesterday morning A J. Marshall
Esq, reopened for the prosecution
Brooke G.. Empie, Esq, following fol-
the defense and Rudolph Duffy, Esq.
solicitor, closed the argument with al
especially forcible and comprehensive
speech for the prosecution. The
speeches by all the counsel engaged il
the caS are much complimented By
all who heard them.
The charge to the jury by Judgt
Moore is also complimented.
It could not be aScertained last nigh
how the jury stands. 1t is probable
that they will go before the judge thi:
morning for some further explanation
OF points at ISSUE.
THE AFTERNOON SESSION.
During the second session of the day
from 4 to s o'clock the petit cases were
disposed of as follows:
Amanda Johnson and Lou Curtis
convicted of nuisance. Amanda John.
son three months and Lou Curtis siz
months on the public roads.
Moses Devine, convicted of embez'
element, four months on the county
roads.
Mamie Garfield nuisance, guilty
four months on the county road.
George Roderick, assault and battery
with deadly weapon. not guilty.
Curtis Groom, larceny, continued t
August term.
R. B.. Baccus, abandonment, cor
tinued.
Luther R~ivenbark, sentenced to foul
months on the county roads for dis
posing Of mortgaged property and as
sault and battery with deadly Weapon
Court took a recess at s o'clock unit
9 a. m. to-day, when the"odds an
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