The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-01-27

! before the grand jury all the witnesses
who have testified at the coroner's In
quest. The coroner is supposed TO heal
the testimony of all who were eye-wit
nesses of the homicide and the so icitoi
general let's the grand jury hear all oil
this evidence.
mo solicitor general who values his
reputation would keep from a grand
jury evidence that he believed TO be
truthful and material and that is at en-
tire variance with the evid nee of other
witnesses. On the other hand, no So
licitor general is will for the defendant
to take charge of an investigat on OF his
case before a and ju y and introduce
whatever evidence he pleases.
1.-The very tho DRY Of the law contem-
plates that many of these tried In court
by petit juries W II be found to be not
guilty and gwen their liber y. OF course
II is a hardst ip that 1 n C mt men should
be require to go to tie expense and an
noyance and undergo the humiliation of
a public trial, but that they should do so
is necessary in der that guilty men
should be tried, convicted and punished.
Trial courts are for the vindication Of the
innocent, as well as the punishment of
the gui ty.
"Of course It is absurd TO question the
value of the grand jury because petit
juries sometimes. or often. bring in YER
diets Of not guilty? Very often It is the
case that the petit jury hears exactly the
same evidence that is given the grand
Jury, when Il is just as much the petit
iury's duty to acquit as II was the grand
jury's duty to present for trial. The
grand jury Is sworn TO present those,
against whom II Is made 10 appear that
there is reasonable ground to believe them
guilty; the petit jury Is sworn 10 acquit,
Of
guilt of the defendant is removed from
their minds In one case probable cause
Is sufficient; in the other every doubt must
be removed. SO that II the evidence for
and against the guilt of the defendant
should be equally balanced, a conscieu-
tlous grand jury would present the de-
PENDANT for trial. and an equally con-
scientious petit jury would find him not
guilty.
In the court room. before a petit jury
OF his peers, is the place for a man 10
establish his innocence. If the forum
were transferred TO the grand jury roof
and defendants given permission TO try
their cases there, the state would be put
to he tr uble and annoyance of two sep
arate, complete investiga lions Of tn 2
same alleged offense. A grand jury, under
The theory of the law. is not required to
determine the defendants ultimate guilt
or innocence. but only whether or not
the case against him is sufficiently strong
to warrant trial by a petit jury. Its in
vestigation is not intended to save man
against whom there Is evidence OF some
kind from the annoyance and expense OF
a trial, but merely to keep one against
whom there is no evidence from being
further prosecuted
LAS has been said the prosecuting off,
Ger is. and must necessarily be, invested
with large discretion. and. II he wants
90 abuse it. he can. and that's all there
is about Il. Under any reasonable pro-
vision Of law that could be devised and
enacted he would still have to determine,
IN the first instance, what evidence is
worthy OF submission to a grand jury.
II he did not. sessions OF grand juries
would be indefinitely prolonged. II the
grand jury, after hearing che evidence
that he submits to It, wants to hear
more, why II has the power TO summons
ali the witnesses 1t needs"
The new attack upon grand juries and
the theory upon which their investiga-
lions are conducted is interesting be-
cause Of it's being Numerically opposed
10 the others that have been made
In the last half century