Virginia citizen. (Irvington, Va.) 1891-1921, 1903-11-27

For making such a report We Can
learn of no precedent. Several learned
lawyers aud public men -have IN
formed US that they never knew of
a similar proceeding. We do not ar
raign the jury or the court, since the
former were mis'ed 10y designing
persons aud the latter did not order
the report TO be made a matter Of
record. On this point We were mis-
informed; the report was not entered
on the records by Judge Ewell,
though our informant. the Deputy
Clerk, was at first under that inn
preston. But We cannot let pass the
designs aud the personages concerned
ia this affair. The people of the
county demand to know by what ia
stigatiou the impression is made
abroad that the people of this county
did not bold fair election this
month. Not a man of any repute in
this county will say that this was
not the faIrest election We have had
IN years. The county Judge is one
who believes it was fac aud who
states SO. Vet some defeated candi-
dates, tor one cause or another, pos
si5ly TO cover the reason of defeat,
or to arouse what is often spurious
sympathy. have been assiduous in
efforts to show fraud or irTegularity-
an expiring groan, or last gasp.
Grand jurymen say that after days
of searching investigation there were
no traces of fraud, and because of
importantly noticed Irregularities, all
of which have been known to occur
in every year past as crowd
ing to the polls to vote, illprovised
booths, etc. There is no allowance
or provision from the county or state
funds to provide up-to-date booths
aud public spirited residents have
always been seeing to this. This
year the booths happened to be bet
ter than in years past, and yet four
years ago Mr.. Downing was elected
with such booths, boxes, etc.
Animus seems to have been par
ticularly directed at Irvington, large
ly because here we had some disap-
pointed would-be leaders who had
made great promises to the losing
candidates. They failed TO material
ize, as all knew they would, for when
Mr.. Downing's forces here had Rep
ublican leader it was the best
drawing card his opponent could
have had. After days were de-
voted in efforts to find twenty men
who would swear they voted for
Downing they had to be satisfied
with trying to impress the jury that
all was not straight. Maybe the
booths were not patent ones or such
as money would procure, but all the
same they were good enough four
years ago, and in the jury's opinion
held no trace of fraud. Neverthe-
less, because they were not of the
strict order, and of some other
little Irregularities we suppose the
Grand Jury thought they would
in measure satisfy these COM
plainants and at the same time
warn the officials in future to have
things in better array. When the
public knows who the instigatofs
were aud how in n midnight revel
here they conuived with up-county
fellows to weaken good men with
spurious letters on the eve of cleo.
ton, nothing more is necessary TO
be said. The "poor" are not the
only ones always with US; there mist
be u canker on the community 10 keep
it from being too good.
We have the following communal
cations bearing on this point:
EDrToR CTrrzEN:
From the personnel az the grand Jury
sworn Ia a the last term of Lancaster
county court one would hardly have
thought TIA, such misunders n aiding
AS 10 the extent at their powers sni
duties existed among the members of
this body AS their subsequent action
shows; or, at least, IL should have been
expected that court officials would have
seen To II THAI such a display of irreguiar-
itN did not take place. While acting as
censors OF gross irregularities" at the re-
cent election they themselves were led
INTO glaring extremity in the line of
irregulsrity Instead of conforming
themselves To their duties as prescrlhcSf-
Ia section 1888 of the Code, they, pre-
sumaoiy unwittingly, assumed the
powers oil trial jury, aud followed
form OF procedure SHOWN not as pre-
sentiment or indictment but form of
accusation appearing as written re-
port-a kind of verdict, which, In event
that ali other comforts fail, may, per-
chance, act as little balm to certain
aching aud lacerated hearts. The law
under which this grand jury was sup
posed TO act reads as follows: "Sec.
29S3. Duties Of grand jury. The grand
jury shall inquire of and present all
felonies, misdemeanors and violations of
penal laws committed within the juris.
diction OF the respective courts wherein
they are sworn" The grand Jury has
nothing 10 DO with trying an accusation
az expressing themselves on the conduct
OF people by way of censure except by
presenlment or Indictment, forms by
which the law enables the grand jury TO
present their accusation publicly before
the court. But in this instance, il seems.
after they are unable from the evidence
before them TO bring In any Indictment
they do not consider that their
powers are at an end, but proceed
to construe the law as giving them
an opportunity 10 lake the conjectures
and imaginations of non-descripts and
soreheads as a basis upon which thew
report to the world In solemn and
serious style their conclusions and opin-
ions drawa fIom such prejadiced and i'll
founded testimony, They present In the
8 me public manner, to be placed on
record just as an Indictment or present.
ment at their hand would be, a writtsn
report to the Judge or the court Surely
this kind of liberty might give grant
jury peculiar privilege to express prl
vate opinions in those cases in which
there is not sufficient evidence before
them TO present OF indict Taking the
statements of the rankest type of parti-
sans-men whose hatred aud prejudice
know no boands-they come Into court
and say, After examining number of
witnesses under Soatii in regard to this
matter we md that the judges, etc."
They have never heard but one siie and
still say that they find certain reflections
h..