The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1902-02-18
THE COURT,
THE ECKIMINALw WORK BEGUN AND T." IG
BUSINESS MOVES OEF SMOOTnIY
Judge Ernost Gary Prrs'ding-Uis rhu~uc
To tho Grand Jury-'SoicitOr Scase IInuti.
''ut Bills -Strn"graphcr Campben Sick
and u bsent.

morning.
The jurors and witnesses were late
i'll getting into court, which DELAYED the
court considerably i'll getting down to
business. The Solicitor had TO issue sew
eral bench warrants for witnesses, before
they could be gotten into court. and Ills
Honor alluded TO this fact in his charge
to the grand jury.
! Judge Ernest Gary is presiding, and
Solicitor Scase was punctuallv at his post
but the many friends of Stenographer
Campbell will regret to learn that lie is
sick and was unable to be at his desk
| Solicitor SeaSe handed out indictments
i'll the following cases:
State VS.. Chris Porter, Albert Johnson
aud Elliott Johnson--larceny.
State VS. Jessie Jamcs-larccny Of live
stock
State VS. John kclly-larccny.
State VS. John Brooks-burgl and
larceny.
| CHARGE TO GRAND SURV.
Judge Gary in delivering the indict-
ments charged the grand jury as follows ::
Mr.. Foreman and Gentlemen Of the
Grand Jury: 1t is a time honorcd custom
for the presiding officer to charge the
grand jury. Why such is The case am
not exactly able TO say, because my eN-
perlence is chat there is no department III
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 l will cary i, out
lave very little TO say. If there is
any miscarriage of justice it is not due to
the efforts Of the grand jury, but more cs-
pccally to the petit jury. However, l
have no special complaint 10 make of the
petit jury. l am a great believer III the
jury system, and if there is any m;scar-
riage OF just ice, it is not the fault Of The
system, but Of those who st upon the
jury, and have no right TO do so as the
| law contcmplateS, not defect i'll tie syS-
tenn but i'll those who administer the sys-
tenn. 1t is thc duty Of every &C I'd citizen
| TO use his best eifOr,s to suppress crime
The object of the criminal cou,; is to sup
press crime. That is why we have as
seinbled here, that is why ihc tax payers
built this house and organ: led tllis court
OF sessions II has been thc experience
of all the English speaking pc piles that
the most prosperous people are those who
suppress crime. Crme and prnspcl ity
will moi abide i'll the same community at
the same time. If crime urospcrs, pro-
gress and civilization suffer in plopor-
ton. If you would have peace, good o.
| DER, prospe, Ky, and happiness. the most
effective way TO have il is 10 punish Chose
| who disturb the peace and prosperity and
| happiness OF lhc State Society'S wo ST
| enemy is the man vino ks the law
1t is for your protect on and the pro-
| lection Of your neighbor that the rights
| Of your Dei iShbors and 0: tbe public shal
be respected. We do rot 1--we upon the
| theory Of t6e survival o. fi:' est, where
might makes right. bat we live under
| government the boast OF which is hat he
/ 1Tl, nT oil tns Il 80,
| takes The life Of lis nephhor lie hrs done
| that which the law self can not do with
| out due process. He has cons; .tu;cd him-
self higher ,han be law, aud whcu hat
! is condoned, you can not hope 20 have
| prosperity. IL has been said by dsti,-
| gushed pract iciouer that in South Caro-
lima II IS easier TO acquit a man before a
jury ing committed the crime Of muir
der t. " one having committed assault
and battery, tha, il is easier and surer to
defeud a man who has committed the
| highest crime known TO the law than one
who commits assault and battery. If that
is tue case The law is not at fault, it is the
fault OF those who pass upon the qucs-
! tionS OF fact. The constitution of tllis
State requires that jurors shall be be-
| tween the ages of p and IS, of good
moral character, and qualified electors
| If that section is carried out tllcu | ven
ture the assertion there will be no mis-
carriage of jus ice. l have no special
| complaint TO make. Grand jurics come
hearer 10 the ma k in discharging their
duty than auy o,iler department of the
| cour,. What is the remedy? If crime is
STALK ng i'll your neis hborhood turn your
] faces Siernly against it. II it is the duty
Of all g. ID c: Zcns to lend their aid to
! The supple. sion Of crime, how much
II. ore is it The duty Of The juries to lend
their aid, who arc specially charged with
the correction Of that evil. So set the
pace for the petit ju"ies. If you enter
upon the dischaige of your duties with
| the determnat ioh that crime shall not
prosper VIII lie you are III office, the petit
! Jurics vii take up the pace and your in
| lluehce will be felt thIou2 hout this whole
| county.
1t is hard to estimate the results Of
miscarriage 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, if
you condone crime, the baneful results.
| The baueful influences cannot be estna-
ted, but cankerous sore will have been
sown Who CAL say bat sooner or later,
| If lie truly euih are allowed to go free,
| uat you 8i' not become the next victim,
or tuat your wife or innocent babes left
| uSuiilN Sou, WIZ lOl SOOHCl Ot lulCG De
come the \ &c inns. The jury III time Of
peace is what thc seutinel is in time Of
war. That sentinel who keeps watch i'll
the dead O; night while his comrades
peacefully sleep, his dnties are not more
| important than yours are, you who are
| the scltnels for the citizens Of this coun-
| ty, who are now reposng under the be-
| lief that their interests are being cared
for i'll your hands. Rise 10 the occasion
and set The pace for tue preservation Of
peace and good order in this county. l
single out no special county, not this
county more than any other But if by
my words can inspire in you more ZEAL
then will have charged what have ur;-
| dertaken.
The judge then explained the bills
which had been handed by the solicitor,
and explained the law relating to their
duties There had been good deal Of
trouble this morning III getting witnesses
| into court, and if this continues he adj
| vise1 them 90 make lcut ion of If in thcir