Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-09-04

'iic exercise OF what, we are glad to he
!leNe, are the more common desires of
men to confer favors to compassionate
ana shield rcighbOrS or friends Rut
the evil propensity and the humane in
chnatlon must alike be subordinated to
the sole purpose of public safety and
the Vindication of law. This engine of
the public must not be made use of to
aNehSe private grievances nor to con-
fer private taVors. or enforce private
claims. The law demands of grand
jurors strict. impartial and relentless
justice to foe, TO friend or to stranger in
accordance with the closing obligation
OF the oath, that you shall present
things truly as they come to your
knowledge, according to the best OF
Your understanding"
Yet when complaint has been open
ca before YOU. YOU have the right to
require the examination OF other wit
neSSes than those presented who YOU
think may be able to aid you in form
ing "A conclusion. While your functions
90 not admit of a trial of the accused
before you, ii is your duty to receive
all the evidence presented which may
throw light upon the matter under con-
sideration whether it tend to establish
the guilt or the innocence of the ac-
cuSed. The witnesses summoned be
before you are amenable to the
court. precisely as the witnesses testi-
flying in open court are amenable to
II. So that, although the grand jury
under our practice sits apart and by
itself in the investigation of matters
within its province. yet it may at any
time callupon the court for itsassistan-
&c and direction. you can inquire ana
make presentrents only by the exam
ination of witnesses. you have the right
to have them summoned and compelled
TO appear before You and submit to
examination on oath or affirmation
and to answer interrogatorieS and give
evidence. In case witness refuses
to be sworn on u affirm or refuses to
make answer. while you have no
compulsory power independant Of the
court. Won have the right 10 detain
such witness and cause him to be
brought before the court. by the officer
in attendance upon YOU, to be dealt
With for contempt.
As it is YOUR sole duty to present
offenders against the laws of the state
to this court for trial and punishment
it is not for You to sit in judgement
upon the proprety of any law which
has beer violated II is enough FOR
You 10 know that ii is the law of the
state. individual opinions as to the
benefits or otherwise of the violated
law. whether promotiVe of the pub
lie good or detrimental to the welfare
of society, are to he entirely set
aside.
Has the law been violated and
! who was the viclater?" are the only
; questions for you to determine. The
people make the laws through their
representatives in the legislature. 1t
| is not for courts or grand juries to
! trample upon, suspend or set them
! aside. but to see that they are not
broken with impunity. These remarks
| are doubtless wholly unnecessary IN
! this law-abidinS community and to a
body of men fairly representing the in
! telligencc and character of the county.
| our laws lpok as well to the security
| of innocenoe as TO the punishment Of
guilt. Our Estate has rarely seen the
course of Justice wrenched from its
| time honorted paths by the violence OF
Infatuated Inobs. unwilling to wait for
| the sure arid just results of the pro-
| cesses of the courts. That our sta te
| has so seldom been disgraCed by mon
yengence is, owing to the fact that our
citizens. serving in the responsible
place of JURORS, either grand or ira
| verse. have lever been true to the d.
rections of the law. and have aimed 90
follow wherfe it led and nowhere else
If is only Where courts and juries are
not to be. depended upon TO do justice
and enfOrde the laws that lynch law
is applieds
| A large majority of the indictment Is
nresente(l to this court by former grand
i,,ries have been for violation of the
sr.tutef prohibiting the sale of intox :
;catinet liquors 1t is probable that
yo,r investigations will include many
s,.h cases. The efficiency of officers
and THE zeal of prosecutions in some To-
| ..iittes may cause it to appear to you
wat The law is not uniformly and inn
,,,,,, a,ly enforced. This should not in
The east influence your action IN any
c,eolisupported by convincing evidence.
Immunity of crime or Inisde:leahor ~
one SDlace should not prevent their sup
, precision IN anOtIei. ou' - "''i -
voua duty in such case to inquire why
all like offenders are not proceeded
aann,i,lst. if. in your opinion any ex-
.e.,,i(ans are made. | believe it to be
~. desire and intention of the county
a..or,sev to see the law impartialiy en-
forced.
rh.at the sale and use of intoxicating
,i,,,o, $ are the cause of much crime Is
tner of common knowledge. In
romr INQUIRIES you willfdoubtless fine
sas where offences. especially as
s.,,.s 1have been made by persons
,,.,;,a more or less intoxicated. 1t is
conrood saying that drunkenness is
10 axc,tse for crime. In the sense of
iustjficat ton for the act this is true
T., case }of an assault upon person i
i,,njaterial whether the offender
,,..s DRINK or sober: it is the demon
strs,tior toward the party assaulted
that constitutes the MISCHIEF which i
,,is b.d as breach of the peace.
;. yom doubtless appreciate the mpor
. t,neA of the trust committed TO Vol
Protectors of the public peace ant
, of brivate immunity from erimina
rrong It would be difficult to owe:
!. go IT'S Importance Where TIL
,.sane- doer and criminal have TO rea