The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-07-05
JULY COURT
TERM BEGINS
Judge Thomas Charges
Grand Jury.
COL. GARLAND FOREMAN.
Indications for Much Work
Before City Court.
Jurors Urged to Punish violators Of
Gaming and Sunday Laws, and to
Investigate Increasing Num-
her of Homicides.

Judge William H. Thomas yesterday
organized the grand jury of Montgom-
iery County for the July term of the
City Court of Montgomery and Colonel
A. B. Garland was appointed foreman.
The court convened at noon and the
grand jury venire was read. Excuses
and reports of not found having been
reported the following were empan-
neled as jurors: A. B. Garland, o. A.
Clapp, w. A. Brown. Robert Halls A.
B. billiard jacques Loeb, Charles CHS
holm, J. T. Boyd, e. j. Meyer, g. l..
Downing, E. w. Gay. NJ. A. Watts.
lC. s. Smith, N. B. Holt. w. M.
league, Jr.. F. G. Hammond.
| Colonel Garland was then appointed
foreman by Judge Thomas and Clerk
III. H. Matthews swore him in as fore
man. The remainder Of the jury took
the same oath.
| Charged by Judge Thomas.
| Judge Thomas then delivered his
usual eloquent and lucid charge.
In charging the grand jury. Judge
Thomas said. In part:
| Gentlemen of the Grand Jury:
The oath that you have taken VIII
be gIae ana nav trus
ment make of all offenses against the
law. (2b Not to be deferred from
| true discharge of duty by fear or ia
or malice. 49, To keep secret all of
| your proceedings.
you must put the seal of disappro-
| baton upon the conduct of a man who
wants a private word with you of the
case to be Investigated. He is not en-
| titled to be heard in private; he knows
| it; you well know it; and IL you hear
him your conscience will sting with
your oath. a conversation sought out
of the grand jury room in explanation
of matters to be considered therein
comes with the presumption of improp-
| er motive. The approach is an insult
| to intelligence or an Impeachment OF
| honor. The Juror who gives ear to the
| defendant or to the friends of broken
| law, or lends his aid to prevent a bill
when 1t should be found, or wilfully
let's fall a hint or token that a bill is
| sought or has been found before the
arrest of the defendant, is wicked
| perjurer..
of indirect violation of duty, that of
procuring the defendants witnesses
| summoned The law never intended
that you should be the triers of tho
whole facts--only the prosecution side
| I'm the next place. don't forget that
you have sworn to keep absolutely Sc
cret all Of your proceedings, AZ At,, All
| indifference you may not do the injury
sought to be prevented by this secret
proceeding. II i should suggest that
so careless as to give away something
to Somebody you would be hurt, and
rightly so. But I do say, let each of
you see that you do not do this. Put
Il yourselves above criticism by repelling
| improper approaches with the righteous
indignation of a manly man, and pre-
| sent such conduct to the court for a
lesson OF honesty. Let 1t, gentlemen.
that did not leak. and could not be log
rolled"
When Bills Must BE Found.
The body of our criminal law is divid-
ed into felonies and misdemeanors. If
| in your Investigations twelve of your
number should find from the evidence
that a felony has been committed, no
discretion has been allowed, but bill
must be returned. When. however II
| is a misdemeanor under consideration
| land not an offense of which 1 gave you
in a special charged, and twelve of you
are satisfied from the evidence that the
| offense has been committed, you have a
discretion to find a bill or not, as your
judgments dictate to be for the public
| good, unless some person appears before
the grand jury and have his name en-
the prosecution of the case. when your
discretion Is taken away, and you must
return a bill. (5oSs-504O).
The fact that lawlessness begets
by the wise. and Is often forcibly Illus
trated. 1t Is said that in Chicago a
citizen committee recommended that
every citizen carry. revolver, in VIC
| lation Of law and to become proficient
| In the use of 1t. in order to save them
| selves from the thugs by which the city
| was infested. A condition in which
| every man must act as his own police
| ing this to be necessary must admit
| that its governing bodies are powerless
or that the officials are corrupt. OF the
| eighteen hundred lynchings occurring
/ in the United States during the last
| twelve years, 200 were for murder and
other causes. than that of criminal as
sault. Showing a large departure from
the first moving cause. and one that
has included women among the unfor-
tunate victims. II these figures be sub
stantially correct, they speak forcibly
4 as to what a distrust of law may do.
and to what disregard of the law Will
| lead. Be assured of this, thatNit is the
certainty of punishment that will dim
inish crime; and the converse is equally
| true. the one act of lawlessness un-
punished will beget others of a graver
| type.
Reference to Sunday Baseball.
Another illustration may be found, If
1t be true, as stated, that where there
| has been most dishonesty in the matter
| OF elections there is found the most de-
cided tendency to disregard the law
| in other respects on the part of both
white and black man. AS another ex-
| ample. you will remember, how recently
/ 1t was urged a reason for disregarding
the State law regulating the playing OF
| golf, tennis and baseball. the fact thai
| the Sunday law as to the sale of liquors
| had not been strictly enforced
| When there is desire to rebel
| against the law in any respect there
can be little doubt that the failure to
| enforce the law in other respects will,
| and 1t is a stimulating motive there
I for.
| Unlawful conditions will surely
come from partial application of tho
| law. or a failure to apply the law. And
| any loose method of holding criminals
| up to punishment is a method that en-
| courages crime and adds directly to
| insurrection and anarchy.
TOO often Grand Jurors are respon-
| sible for worse conditions because of
improperly exercising their discretion
| in finding bills.
| The constitutions and the statute