The Montgomery advertiser., 1901-11-05


 , you. If in proper case the representa-
 tive of the Government refuses to do
 this, the person thinking himself ag- grieved, can bring the matter to the
 the Judge and the District Attorney do
 not think proper to bring the matter
 before you, then the person aggrfeved
 may bring 1t before Commissioner or
 the United States by swearing out a warrant, and thus bringing on trial
 where the accused party can be con
 and the matter fully investigated, and | the accused, if guilty, can be bound over.
 By insisting on the course have stated,
 no person can be wronged. Improper
 avoided. and wrong and oppression to the citizen prevented. The Government will | be relieved of the expense of a useless
 examination and your time saved for
 is no function of the administration of
 justice which is more liable to be abused.
 at times, than that of the Grand Jury. if it acts upon any other rules than l those have given you in charge. | '1t is common practice among men
 who have enmities which they dare not
 Jury to .wreak private vengeance. Men | ignorantly, and some knowingly. write to jurors or talk to jurors, and tell
 them this or that man should be
 the like. As I have already explained
 to you, no person other than the judge. or the official representatives Of the | United States, or members of your own bcdy, under the circumstances I have defined above, have any right to ask you to prosecute particular person or to investigate a particular offense, or to l indict or not to indict in certain cases. Such apprc aches should be repelled, and | the person guilty of them reported to
 the court. If any one, either in or out l of court, attempts to influence you in
 the discharge of your duties, in this un- | lawful manner, you must report it to the court.
 You are an important branch of the court--in some respects independent Of it, and in others subjects to it's control.
 Your deliberations and your votes, your | cath, for many wis9 reasons, requires to be kept secret. Neither the Judge of this court, nor the District Attorney. nor | the official representatives of the Govern ment, nor the marshal, nor any other person on earth has a right to be pres ent when you are voting on bill, or deliberating as to whether you will ind a bill or ignore it. The District Attor- ney, as the representative of the United States, and his official assistants, have the right to appear before you and pre- sent and examine witnesses. They are | your law advisers and have right 10 | advise you as to legal questions. As to | legal matters. you should generally be | governed by their advice; but as to mat ters of fact, you are the sole judges, and | there is no power on earth which can direct you to find or not to find true bill. The District Attorney will sub poena such witnesses as he may desire | to bring before you, and such other Wit nesses as you may desire to examine as | to other matters committed to you. You | have the right to consult the court as | to matters of law, and to ask to appear before 1t at any time to receive instruc. | tionS and advice as to the discharge or your duties. If any witness refuses to | testify as to any proper matter, without | lawful excuse. or if any person obtrudes himself upon your 'deliberations. or treats hA oy1H T1r yxfth h~ structs 1t in the discharge of its duties, it is your duty to report him to the court | that he may be properly dealt with "Of course, you will find indictments only upon legal evidence. You are not bound to summon witnesses for the de- fense. or to hear them. In finding indict- ments you should remember that you represent a great Government whose ob- 1 ject is to bring only the guilty to justice | and not to accuse sny person on hght or f1msy grounds. You should be terror to be that probable cause would be suffi- cient to justify the finding of an indict- ment, but I charge you that this is not the rule which is to guide you You are convinced. so far as the evidence before you goes. that the accused IS guilty; in other words, you ought not to find an indictment unless, in your
 judgment. the evidence before. you will unexplained and uncontradicted, warrant
 a conviction by petit jury" If the evi- l Qenc6 DeIOre you produces tHdt
 ton, you should not refrain from find ing an indictment. because 1t may be that
 the defendant may introduce other evi-
 dence before the petit jury which would | exone-ate him from the charge. You
 have no authority to find an indictment
 unless at least twelve of the Grand Jury concur therein.
 There is one other matter which I
 wish to bring to your earnest considern-
 tion The courts of the United States
 are expensive. The courts in this. and
 other districts in this State, have some
 times been the subject of criticism.
 whether just or unjust, I need not now
 Say, because of the amount expended in
 the administration of the criminal laws;
 largely depend upon the diligent, intelh- gent and courageous manner in which you discharge your duty. The court
 would not undertake, and certainly not at this time, to direct the hours when
 the jury should meet or adjourn, but 1t must say it does behoove you to be dll- igent. You are the keepers of the con science of the United States as to these matters, and you know the importance of your duties. A good rule by which | to determine the number of hours you will devote each day to Your duties, is to apply in the decision of the question l the same considerations which you would apply if you were engaging men In your own private business. and what you
 would expect of them under like cir | cumstances. The District Attorney mas three or four matters which he would | like to bring to your attention before you l adjourn today
 ''Gentlemen. you may retire and enter | upon your deliberations.
 | When the charge was concluded the | grand jury filed out of the room and the 1 Clerk began calling the names of those | persons summoned as petit jurors. Near | iy every man had an excuse to o1er and | Judge Jones listened to him patiently. Seven of them were excused.
 Judge. I am 72 years old" said w. A. | Johnson a fne-looking old gentleman | from Coosa County and I have been
 serving on Juries 46 years. I'd like to be excused"
 A twinkle came into the eye of the
 Judge, "I would like to have such men as you on the jury said Judge Jones'
 may go you have served your time for | your country"
 | Dr. James Tankersley, school teach CT of Colquitt. Montgomery County, plead
 ed that his presence was necessary In the | school room.
 Schools are just as essential to the ! welfare of the country as are courts, declared Judge Jones, you may go, Doc
 tor" Then a young man approached the bar and handed a slip of paper to the Judge Resting his eye on the paper Tor mo- ment Judge Jones turned to the young man: "You are needed at home he said. | i've will not need you here"
 | The paper certified that the wife or the | young man was desperately III. | The names of those persons summoned | were exhausted and 1t was found that
 seven jurors were needed.
 l "Mr Clerk" directed Judge Jones. you
 will have the Commissioner draw thirty I