The Savannah morning news., 1902-03-04
Always Ask for Diamond Dyes
TAKE NO OTHER.
HIS FIRST CHARGE.
Continued from 10th Page.

Continued from 10th Page.
the evils L have reformed to, but you
should inquire into violations of law
and indict the offenders. Remember
that the sections of the Code l have
cited are required by law to be given
you, and if you find that any persons
have been guilty, or are guilty of
these offenses, it is your duty to indict
them, and let them be tried and if
they are found Guilty let them be
punished"
Duty of the Grand Jury.
In concluding his charge upon viola
tons of the criminal law, Judge Bar
row touched upon the methods of pro-
cedure in the courts. In the prosecu-
ton of criminals, he pointed out that
there are four different branches of
the work from the time of the insti-
tuition of the prosecution to the impo-
sition of the sentence: First is the
grand jury's work of finding bill of
Indictment; the second the duty of
the court to try the prisoner is the
work of the judge and the petit
jury; the third is the duty of the solic-
itor general to prosecute; and the
fourth is the duty of the judge to pass
sentence. Il desnre to impress upon you
as earnestly as l can," said Judge Bar
row, that the function of the grand
jury is one in which there is no division
of responsibility with any other person.
You are the only authority who can
find a bill of indictment or a present
ment. The power of the whole state,
from the Governor down, cannot stop
you, if you see proper to indict for the
violation of a law, and the whole power
of the state, from the Governor down,
cannot compel you to indict any one
whom you believe ought not to be in
dicted. The responsibility lies at your
door for the institution of prosecu-
ton. 1t is not the duty of any other
officer of the court. You should well
come the cooperation of other citizens
of the county and any organization in
the county who desire to suppress
crimes"
The Solicitor Generals Duty.
There are some people," said Judge
Barrow. who think it the duty of the
solicitor general to institute prosecu-
tions. He is the only man in the coun-
ty who is not allowed to do it. The
solicitor general is the officer under
our constitution to prosecute criminals
who have been indicted by the grand
jury, and his compensation is derived,
to very large extent, from fines and
forfeitures and costs resulting from
by him. What a hideouS spectacle it
would be for the lawfully appointed
prosecuting officer to institute prosecu-
tions-stirring up prosecutions-out Of
which he would put money into his
pocket. 1t is not the duty of the So
licitor general to institute prosecu-
ton. 1t is his business to prosecute,
but it is the business of the grand
jury to find the bill of indictment. Any
other citizen in the county is free to
hunt up and give you information. You
should welcome the cooperation of all
good men. If any man states in your
hearing, or states through the news
papers, that he knows of crime being
committed, it is your duty to have
served on him a subpoena and have
him brought before you and let him
tell the grand jury, under oath, what
he knows about crimes. Any other as
sistance that the people can give you
in your labor you ought to welcome.
Associations formed for the sup
preston of crime and Tor the proven
ton of crime ought to be encouraged.
There is one thing, however, l take
occasion to state. No association of
individuals, no matter how good, can
supplant the lawfully constituted Off
GERS of the court. While | shall be
| glad to see associate counsel in GRIM
/ his character or however excellent his
| qualifications may be, will be permit
ted to supplant the regularly consti-
tuted prosecutor. The solicitor general
is competent to prosecute criminal
| causes, and must do so. He will be
glad to have the assistance of asso-
ciate counsel, but l will not permit
/ fifth wheel in this court. l don't
/ want 10 be misunderstood. The power
| resides with you to bring offenders be-
| fore this court and it does not reside
| with ANYBODY else. You can summon
! anybody you please. II you hear of
any one who knows of the commission
Of crime, have him brught before you,
and let him state. under oath. what
he knows. You don't have to nave a
/ prosecutor"
The Punishment of Criminals.
As to the punishment OF criminals
Judge Barrow said: Il can't say that
| petit iuries shall convict, but they
have not manifested any reluctance
TO convict so far as ] know since 1
have been on the bench. When "A
verdict of guilty is returned. II Is my
! duty to impose the punishment l