The Montgomery advertiser., 1901-07-02

manded of you as honest men and good
 Should Be Diligent.
 You have. first, solemnly sworn i"that you will diligently enquire:" not neglisently nor cafelessly, but with caution and industry, to find the truth of the matter. Will you not then go to your investigations with open hearts and active sensibilities as you would undertake an affair of greatest personal concern to yourselves; looking through the evidence, to the facts as they are. not shielded by friendly or manufac- tured testimony, or colored by "envy, hatred or malice;" and exercising the good judgment for which you were se- lected, true presentment will be made of all indictable offenses given you in charge. as well as those brought to yVlr knowledge, committed or triable within the county" If there have been such violations.
 What then is a true presentment? The meaning is as plain as the English language can make it: not false. but conformable to the facts guided by an honest heart. How can a presentment proceeding srrom "envy. hatred or mal- ice" be a true presentment? and if from fear, affection. reward or the hope thereof" you should leave any guilty one unpresented, would you be honest with yourselves, faithful to your county. true to your oaths. or true to your God? The law of our State has put upon you this oath. the duties of citizenship have made you assume 1t, the promptings of fearless. honest heart will give you each a pleas ure in its observance. In the language of yoar oath, feel and know that you will present all things truly as they come to your knowledge. to the best of your understanding" and God will sustain and help yau, IT you meant what you said, when in your oaths you begged His help.N
 There is a further provision of the cath that I would call to your atten- tion: 'The States counsel, your fel- lows and your own. you shall keep se- cret." The grand juror who willfully or carelessly fails Q do this, offends the whole spirit of his oath; for it is of the greatest public importance that secret counsel be kept, in order that the ends of full and complete justice be met.
 The perjurer and the suborner of per- jury. will paralyze and wither the strong and protective arm of justice,
 
 keep a vigilant watch upon him. His voice is full of insiduous advice, and reference to public policy, to religious tenets and to racial prejudice. that he may prevent the punishment of the crime of a friend or confederate. The juror who gives ear to the defendant or to the friend of broken law, or lends his aid to prevent a hill. or willfully lets fall a hint by word or token that a bill has been found, before the arrest of defendant. is a perjurer: and he who procures this aid or information from such juror suborns his perjury.
 Must Not Be Influenced.
 You will put the seal of your disap- probation upon the conduct of the man who wants a private word with you, of the case to be investigated, as he will say. just to see you know how 1t was if 1t comes up." He would not have you do anything wrong" he says, yet speaks of his friend to dissuade you from your duty. He is not enti- tied to be heard in private. he knows it. and you know it; to use a com mon expression, Tit Is an attempt to slip up on the blind side of you" and to prevent a retribution that should surely follow the violated statute. That you will know the suborner of perjury if he should approach, you may be sure. for his insinuating knowing look and counseliings. cannot hide from your conscience, which has no blind side" A conversation sought out of the grand jury room of matters to be considered therein, comes with the pre- sumption of Improper mouve. The ap- proach is an insult to intelligence or an impeachment of honor. Put your cal ah a,.itf hxy panallino GtfQh approaches, if made, with the right eous indignation of a manly man, and present such conduct to the grand jury and this court for a lesson in common honesty.
 Public offenses embrace the body of our criminal law, and are divided into two classes, felonies and misdemeanors. A felony within the meaning of our statute (4652) is defined to be a public offense which may be punished by death or by Imprisonment in the peni- all other public offenses are called misdemeanor2 It is unnecessa- ry that I now tell you which of the several offenses belong to the one or to the other of these classes. You will rely on, the advice of the solicitor for this. as well as for desired legal advice as to matters connected with your du- ties. And he will be with you, except at the expression of your opinion, or the giving of your vote on any matter under consideration by you.
 It was only important at this time to call attention to the division of crime into felouies and misdemeanors, that may further say wherein your inves- tigations, if twelve of your number should find from the evidence that a felony has been committed. no discre- tion Is allowed, but a hill must be re- turned. When, however, 1t is a mis- demeanor under consideration and not an offense concerning lotteries, or car rying concealed weapons, and twelve of you are satisfied from the evidence that the offense has been committed, you have a discretion to find a bill or not as your judgment may dictate to be for the public good. unless this discretion be taken away in the man. ner I will now explain. If a person appear before the grand jury and have his name entered as prosecutor, thus undertaking the prosecution of the case, subjecting himself to the "bur- dens and penalties which the undertak- ing imposes" and if the evidence Is such that unexplained will be suffi- cient for conviction" you must find bill, though all of your number may not think it for the public good, that the prosecution be had. The endorse ment as prosecutor takes away your