The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1902-02-18
THE COURT.
THECRIMINAL WORK BEGUN AND T f
BUSINESS MOVE< OFF SMOOTHLY.
Judge Ernest Gary PrrSiding-Hts Charge
to the Grand Jury-SolicitOr Sease Hauds
..ut tBills-Stenographer Campbell Sick
and Absent

The sessions court convened yesterday
morning.
The Jurors and witnesses were late
in getting into court, which DELAYED the
court considerably in getting down to
business. The Solicitor had to issue sew
| eral bench warrants for witnesses, before
they could be gotten into court and His
Honor alluded 10 this fact in his charge
to the grand jury. :,
, Judge Ernest Gary is presiding, and
| Solicitor Sease was punctuallv at his post,
but the many friends of Stenographer
Campbell will regret to learn that he is
sick and was unable to be at his desk.
Solicitor Sease handed out indictments
in the following cases:
State VS.. Chris Porter, Albert Johnson
and Elliott Johnson-larceny.
State VS. Jessie James-larceny OF live
stock
State VS. John Kelly-larceny.
State VS. John Brooks-burglary and
| larceny.
CHARGE TO GRAND sURY.
Judge Gary in delivering The indict-
ments charged the grand jury as follows:
Mr.. Foreman and Gentlemen of The
Grand Jury: 1t is time honoTed custom
for the presiding officer to charge the
grand jury Why such is the case l am
not exactly able to say, because my ex-
perience is that there is no department IN
the criminal court that comes nearer dis
charging its duty than the grand jury.
They need less talk than any other de-
partment of the court, but it is, have
said, custom, and I will carry it out.
1 have very little 10 say. II there is
any miscarriage of justice it is not due to
the efforts of the grand jury, but more es-
pecially to the petit jury. However,
have no special complaint 10 make OF the
petit Jury. am great believer in the
| iury system, and if there is any m!scar-
rage of Justice, it is not the fault OF the
system, but of those who st upon the
Jury, and, have no right 10 do SO as the
law contemplates, not defect IN the sys-
tenn but in those who administer the sys-
TEN. 1t is the duty Of every &c ID citizen
to use his best effoi.s to suppress crime
The object of the criminal court is to sup
press crime. That is why we have as
sembled here, that is why The taxpayers
built this house and organized this court
of sessions. 1t has been The experience
of all the English speaking peoples that
the most prosperous people are those who
suppress crime. Crime and prosperity
will not abide in the same community at
the same time. If crime Drospers, pro
gress and civilization suffer in proper
ton. If you would have peace, good Or
der, prosperity, and happiness, the most
effective way to have it is 10 punish chose
who disturb the peace and prosperity and
happiness Of The State Society's wo.st
enemy is the man who breaks the law.
It is for your protection and the pro-
lection of your neighbor that the rights
of youe ne oors and o. ct6e public sha'!
be respected. We do not live upon the
theory of tbe survival ofthe ht"est, where
might makes right, but we live under
government the boast Of which is hat ne
rights of all are protected. II Que cit zen
takes The life of his neighbor he hes done
that which the law itself can not do with
out due process. He has coUs tuted b1m-
self hieher than be law, aud wien bat
is condoned, you can not hope 20 have
prosperity. 1t has beeu said by distin-
guished practitioner that in South Caro- |
lima it is easier to acquit man before
jury having committed the crime OF MUIR
der than one having comm tied assault
and battery, that it is easier and suTer to
defeud man who has committed the
highest crime known to the law than one
who commits assault and battery. II that
is the case the law is not at fault, it is the
fault of those who pass upon the ques- !
tious of fact. The constitution of this
State requires that jurors shall be be-
tween the ages oS 21 and IS, of good !
moral character, and qualified electors
If that section is carried out then ven |
ture the assertion there will be no mis-
carriage of JUS ice. I have no special
complaint to make. Grand juries come
nearer 10 the ma k in discharging their !
duty than auy o;her department OF the
court. What is he remedy? If crime is
s:slk:ug in your nei shborhood turn your
faces sternly against it. Il it is the duty |
of all et I'd G.; zens to lend their aid to |
the suppre; sion Of crime, how much |
n ore is it the duty OF the juries to lend
their aid, who are specially charged with |
the correction of that evil. So set the
pace for the petit ju'ies. IF you enter
upon The discharge of your duties with
the determination that crime shall not
prosper while you are in office, the petit
1uries Will take up the pace and your 1u-
iuence will be felt throughout this whole
county.
1t is hard to estimate the results of
miscarriag ge Of justice through sympathy
or pity or reward or hope of reward. Who
can tell, if you come upon the discharge
of your duty and do not discharge it, II
YOU condone crime, the baneful results.
The baueful influences cannot be est!ma-
ted, but cankerous sore will have Eeen
sown Who cal say ,nst sooner or later,
ifile truly guilty ate allowed to go free,
inat you UilI not become the next victim,
or toat youi wife or innocent babes left
behind YOU, vii. not sooner or later be-
cone The ic; ims The jury in time of
peace IS what tue seutinel is in time Of
war. That sentinel who keeps watch IN
the dead Of night wuile his comrades
peacefully sleep, his duties are not more
important than yours are, you who are
the seutiuels for the citizens Of this coun-
tv, who are now repos!n2 under the be-
lief that their interests are being cared
for in your hands. Rise 10 the occasion
and set The pace for tie Preservation OF
peace and good order in this county. 1
Single out no special county, not this
county more than any other. But if by
nv words can inspire in you more zeal,
then I will have charged what have uE-