The Montgomery advertiser., 1904-02-02
GRAND JURY ORGANIZED Judah I. Moses is Fore
 man. JUDGE TH0MAS'S CHARGE HOmlcideS and Sunday Viola
 tiOn Dwelt Upon. Vagrancy Law and Increase in Gam ing Cases Called to Attention of Jurors--February Term
 of Court.

The grand jury of Montgomery County for the February term Of the City Court was organized and charged yesterday at noon by Associate Judge William Il. Thomas. .--,
 Court convened in the Circuit Court room. The jury was quickly selected and Judah T. Moses was sworn in as foie- man by II. H. Matthews, Clerk of the Court
 The following grand jurors then took q similar oath: c. H. Webster, F. H. Pink ston. J. N Edge, C. H. Bartlett, Robert woolfolk, R. A. Ashley. G. M. Oliver.
 l.. C. Gray. W. D. Stegall Henry Jones, J. D. Evans, J. NJ, de Cottes, James Y. Brame. J. S. Dowdell. Thomas B. Her.
 bert, s. A. Tyson, John D. Boyd. It is significant that Judah T. Moses was foreman of the United States grand jury that first investigated the peonagd cases.
 Judge Thomas charged the jury at | length. ,><-.. After reminding the jury of it's oath and l carefully explaining it's duties Judge Thomas continued: '..t Tho fact that lawlessness begets law l lcssness has ever been recognized by the
 wise, and is often forcibly illustrated. It is said that in Chicago Q citizens" com mittee recommended that every citizen carry a revolver, in violation of law. and to become proficient in the .uso ofsit. in order to save themselves from the thugs by which that city was infested. A con- dition in which every man must act as his own policeman is anarchy. com munity believing this, to be necessary must admit that it's governing bodies are powerless or that its officials are corrupt. Such condition will surely come from Il partial application of the law, or a faii- ure to apply the law. And any loose method of holding criminals up to pun ishment is method that encourages crime and leads directly to insurrection and anarchy.
 Deadly Mercy.
 "In a famous murder case recently tried one of the defendants counsel re- marked: The people of L.. are q mer- | ciful people and seldom convict to which The New York World replied IS follows: " 'Mcrciful to whom-to murderers or to
 the innocent citizens for whose protection l governments are supposed to exist? Tho quality of mercy Is decidedly strained when 1t locks up the hungmans rope and
 leaves the assassins bullet at large.
 There is one county in A., We are told, | in which twenty-three men, including two sheriffs. have been murdered this year. Last years killings reached the same toe l tal Hardly anybody is indicted for mur- | der, and nobody is ever convicted. The local newspapers aIc dfrtt9d to describe 1 the facts, and correspondents of outside pauers arc warned to leave at half an hours notice. As the law is completely broken down. everybody depends upon ms own gun for. such protection as he gets.
 This IS the logical result of mercy to murderers Mercy in such q connection is simply anarchy :nisspellcd |" Such mercy ought to take high rank among deadly diseases. for in that one small county of NJ. 1t carried off more than seven times as many people last ycar as were killed by smallpox in New York city
 'I trust that no such facts are a3- plicable 10 any community in our State But jet us not miss the point, that fall ure of duty in administering law is far reaching, and that if you exercise d dis cretior not to find bill when denied jy the law, and the States evidence Will warrant, you are guilty of extending this deadly mercy.' Let us not confound failure of duty with the quality of mercy
 Effect of Enforced Law.
 "The immediate effect of enforced law, ana the IcdGIut TeSuIL Ol liGNiotU loN- lessness. is aDtIy illustrated by con sidcration of lynchings in Alabama for several years past. Thomas Nelson Page, oc whom all Southerners ara justly proud, makes uso of a table showing eight lynch ings to have occurred in Alabama during the year 19oO.
 "Governor William D. Jclks having a high regard for law and order, and es- pecially indicating that he would not countenance the lawless spirit of mob. in his message of January 13, 1903, gives us the facts for the period stated:
 In the last year and half I recall five such crimes Qynchings) One of these lynchings was for the crime of crlm- inal assault. So easy was it for the moo spirit to get away from the original crimes for provoking that spirit, that thyee of the latest of these crimes wele for other offenscs, and two for no oftehse at all am glad to be able to say to you that there was a just judge ana a sufficient number of law-abiding citi- zens to give these men, or some ot them' il term in the penitentiarY. I believe these are the first like offenders 10 serve the State since the great war. No man mad heretofore gone to the penitentiary Tor lynchinG a negro. It is our shame sad Governor JelAs.
 ''Ine NnlcaRO lTlDulle. COilllAClIAAS va lvnchings throughout the Union for the year 1903, gives tho result of enforced law on this point in Alabama as follows:
 'Tenncssee Florida. South CaroIiE1' Arkansas. Georgia. Louisiana and Miss;s- shpi. lead the list. with g. s, s, Il. F, fl and IS lyncnlngs, respectively. Alabama which used to be notorious for lynchinss, had two cases, and each was for assault to rape.
 This comparative showing is the more striking when considered as to popula- tion and moving cause. The assigned causes for these 7s lynchings were:
 Murder...... .. ..' .'''.''''''''''''' 'N"
 Assault to murder...... .. ''..
 Suspicion of murder...... .... .. Rape.. .''' '''' s' ''''''''''''" assault 10 rdpe... '' e" ''''''N ATSon.... .'...'.''' '''''''.' nknoWn CauSc...... .'-s . Mistaken identity.... ..j lhTedtS.... ...... zee. s''''''''' | Race prejudice.... .. Q. .. .. .......... Refusing to give information e. l One wrman vas lynched In Mississippi. and one in Louisiana.
 If these figures be substantially cor
 rect, they speak forcibly as to what a | diStruSt of law mav dO and to what a dis