The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-07-12

highest which any citizen can per-
form. | sit here as a judge, selected
from a body of lawyers to preside and
see that the proceedings are conducted
in an orderly manner and to pro-
nounce the rules of law as they appear
to me in the progress of a trial But
as to power, | am absolutely helpless
can impose no punishment except
for disorder in the court except upor
the verdict of the jury. The solicitor
is equally powerless. His duty is to
hear the complaints of the people and
to present them to the grand jury.
AS to the enforcement of the law
no real power lies outside OF the citi-
zens themselves. We often hear com
plants that officers are not enforcing
| the laws. The trouble lies with the
/ people who, except as their own inter-
ests come at stake, hesitate to make
complaint. Those who founded the gov
| eminent had confidence in the peo-
| ple-in the integrity and patriotism OF
the citizenship. The constitutions of
the nation and of the State, the Bill
of Rights, the charter, as it were, OF
liberty, provide that no man shall be
deprived of his life, his liberty or his
| property without due process of law.
/ That was a guarantee made to the
people by themselves and for them
| selves.
| Whatever deprives a man of his
life, his liberty, or his property, comes
within the purview of the criminal
! law-and this, whether it be accom-
I.lished by force or by fraud.
| Judge Ferguson then took up this
! constitutional section by details, show
! ing it's application to the common
| crimes of the day-aSsaultS on the
person, on the character, on the sane
tity of womanhood.
He showed how the idea of personal
security, of property extended to a
mans household-how it was indict-
able to entice his child, or his servant
from his employment He touched on
injury to property, maliciously, or by
| fraud He contraSted the two classes
of dangerous men in community with
fidelity of detail-the Strong,violent but
| truthful man, who followed his re-
venge with force; the sinking, decep-
tive individual who at first scornlng 10
steal, drives hard bargains lies cheats
descends to forgery, to embezzlement,
and comes at last to the theft that IN
the beginning he scorned
| In touching again on the duty of cit
| liens to complaint of the lntractlon OF
| the laws the judge dWelt with much
/ power on the crimes that touched So
ciety in general, of the base habits that
| corrupted whole neighborhoods and
4
| cowardice There are innocent child
rem in these neighborhoods, he said
feelingly, children who ought not to
be exposed to the debaucherieS about
them. Every child is entitled to
chance to grow up straight-to
healthy moral atmosphere.
On the subject of gambling, the
judge became satirical:
Police officers he said, lin their
xyio n
offenders, seem only to capture some
onery niger playing craps in box
car--and then come into court with
conscious pride of having most bril-
liantly performed their duty. one
would almost come to the conclusion
that nobody ever gambled except
niger.
"The law is not popular Nobody
has ever dared to try to secure It's re-
| peal, but the men who want to play
| nigh dice don't want any interference.
They don't understand that anybody
| has got any business fooling with the
| amusement of a crowd of gentlemen.
1t was the same way with the laws
about drunkenness, he said. a man
! had a right to get drunk quietly, II he
| wanted to, but the law contemplated
| that boy should be allowed to grow
land strengthen until he was of age,
ii
Then there is the fellow with a pis-
toll in his pocket. He don't gamble,
maybe, and he don't drink, but he's
got to carry a pistol There is a GER
tain class of people who think that
they can't be perfect gentlemen until
they tote d pistol. If every one of that
class could be jerked up every time
he put a pistol in his pocket and fined
suit of clothes, he'd soon come to
the conclusion that he'd rather be
& dude than a gentleman
This class. and the fellow with
chip on his shoulder and reckless boys,
make up, said the judge, the pistol
carrying class. In old times, he said,
insults were resented by bloWs-not
with deadly weapons. 1t is only of
later years that their use has become
popular, that the Killings become more
numerous.
Grave offences, high crimes, follow
from a disregard of misdemeanors.
The fellow with pistol thinks there
ought not to be any trouble about this
thing. The fellow that sold his vote
| last election that there is no use stir
ring matters up The man who rents
his houses to lewd women don't see
the use of unearthing such dirty
things.
Yet it is from the disregard of such
offences that the high crimes come i'll
due time. The result is that the Vlo-
lators of the law get the upper hand
of the community.
The judge dwelt upon the import
ance of fire escapes to graded schools
and instructed the jury to examine
them carefully; also to make other
than perfunctory examination OF the
county home. County homes were
sometimes managed, he said, like the
roads used to be just before court When
the dirt was sort of scraped from the
sides and spread thinly over the hlSh-
way; people who buy paupers at so
much per head are apt to put on some
thing extra because they expect the
grand jury. 1t doesn't add much, ne
said when these poor people say
they are well treated They are too
susceptible to a little kindness.
The following are the grand jury:
l.. B. Pegram, w. II. Proctor, I. W..
Dobbin, j. CT. Langston, Il. L. Middle
ton, w. T. Harding, j. w. Jones, VIII
lie George, c. j. Bright, @. Z. Partln'
ID. c.. Conn, B. c. Bum, w. M. NOVEL;,
j. T. Pescud, a. G. Jones, W. }. RoS-
ers. L. d. Scarboro, and JAS. Baker,
| (colored) l.. b. Pegram is foreman.
The following are the petit jury;
w Fl Powell Sam Wilder, j. r. Med