The Savannah morning news., 1903-12-08
IN SUPERIOR COURT
DECEMBER TERM CONVENED by
JUDGE BARROW.
HIS CHARGE ON GAMING.
OUTLINED THE DUTY OF THE
GRAND JURY SPECIFICALLY.

sheriff to Make Raids and Break
in Doors If 1t Had Reason to Be,
Heve That the Laws of the State
Were Being BrOken-ThOse Who
Rent Property to BE Used for
Gaming Resorts as Guilty as Those
Who Operate the Tables.
The December term of the Superior
Court was convened by Judge Barrow
yesterday morning. OF the twenty
six grand jurors summoned every man
was present, and it was necessary for
the judge to state three or four times
that but twenty-three would be per-
mitted to serve. The following were
sworn in, George j. Baldwin, foreman;
Frank G. Bell, secretary; VIM. F.
Scherff, Robert B. Reppard, Amson
Mohr, Abram w. Harmon, John F.
Freeman, John Mclaughlin, j.
Thomas West, VIM. H. Connerat, AL
fred S. Nichols, Nathaniel Harrison,
Edwin M. Frank, F. E. Macarthur,
Max l.. Byck, Lester Hubbell, VIM.
N. Pratt, Walter c. Askew, John S.
Haines, Eldrige G. Cabaniss, James C.
Slater T. S. Wylly, Jr., John ].
hewitt.
After the jury had been sworn Judge
Barrow delivered his charge. He call
ed attention to the improved facilities
for water supply at the Court House,
and complimented the County Road
Commission on the excellent condition
of the county roads. He said he re-
GREETED that it had become necessary
to change the names of some of the
old roads, and suggested that there
are many muniments of title to land
in this county which have these old
roads as boundary lines.
In charging on the criminal branch
OF the jurisdiction of the jury, Judge
Barrow called especial attention to
the law relating to gaming. After
reading the law as it relates to the
liability of property owners in renting
places to be used for gaming pur-
poses, as to the players themselves,
the dealers and other relationships the
judge said:
As to Gambling.
1t is not necessary, and it would be
unoecoming to do so. for me to in
dulge in any hysterical defamation on
the subject of gambling. Talk alone
GOES not amount to much. | am re-
minded of an old saying, Bark loud
is good dog, but hold fast is better
one. What is needed. in this con-
nection, is a firm. positive and uni
form administration of the law, with
out excitement. without heat, and a
1rm determination on the part of
everyone connected with the duty of
carrying out the law to do that part
that rests upon him. Your part of it
is the initial step; that is, to diligently
inquire, and true presentments make
OF all such matters and things as shall
De given you in charge, or shall come
TO your knowledge. That is your oath,
ana 1t is on your conscience. Now,
the law is not complied with if grand
Jurors merely inquire, in the ordinary
sense OF the word of a person and in
Vesugate a matter upon information
furnished in such way, when the per-
son does not testify before the grand
jury. The law points out how they
snail inquire. I will read to you the
oath that is required to be admins
tered to a witness before the grand
jury. 1t is in these words:
The Witness Oath.
" The evidence you shall give the
grand jury on this bill of indictment
Cor presentment as the case may be-
shall be the truth, the whole truth, and
nothing but the truth. SO help you
God.
1T is obvious, at a glance, to the
commonest understanding that the law
contemplates that a man, who knows
of the existence of crime, or knows
where crime is carried on, and COM
municates the fact to a grand juror or
grand jurors, should be summoned be-
fore the grand jury, the oath that
have just read to you should be admin
istered to him, and he should be made
to tell what he knows about the viola
ton of the law. 1t should be done in
the presence of the grand jury and no
one else. Any person, who is a MEM
Der of the grand jury and who, after
he is sworn, is informed that certain
person knows of the existence of crime,
is bound, by his oath, to put a sub
poena upon such person, bring him be-
fore the grand jury, administer that
oath to him, and ask him such ques-
tons as will bring out the facts That
is what is meant by the law as dill
gently inquire. No grand juror has
the right to excuse a person from at
tending as a witness before the grand
jury because such person asked not
to be summoned. 1t is his sworn duty
to diligently inquire, to summon such
person before you, and apply this oath
which have just read, and ask of him
such questions as will elicit the facts.
Solicitor Not n Detective.
There is another matter which de-
sire to mention to you, especially i'll
this connection, because it bears upon
your duty. There is a common error
among some people, which is the Off
spring of ignorance, that the solicitors
general of the state are species of de-
tectives; that it is their business to
make cases; hunt up violations of the
law, and bring the matter before the
grand jury. That is a great mistake.
The law points out exactly what the
duties of the solicitor general are, and
specifies them by number. No such
duty is imposed upon him. He is the
prosecuting officer, and 1t is his duty
to advise the grand jury, to draw pre-
sentiments when called upon by the
grand jury, and then to prosecute
cases. He is not in any sense of the
law q detective, but you are sworn to
make diligent inquiry and true present.
ment make. Now, let us all understand
exactly where our responsibility begins
and where it ends.
Gaming Not So Prevalent.
"I want to say to you, in this con-
nection, that the crime of gambling,
about which 50 much has been said,
l am told, is not as prevalent now as
it was some time ago. ] expect that
there is probably some truth in this.
Some are in exile some are sentenced
to Jail and one is on the Changing.
These, of course, are eliminated, but
there are others still at large. 1 will
read you a paragraph OF the code to