The semi-weekly messenger., 1904-07-15
CHARGE TO a GRAND
JURY.

Wake county this week. Judging from
the Raleigh Posts report of his charge
Ito the rand jury it seems to have been
different in style from what Wake
county people have been accustomed ID
hearing from the bench. 1t was unique,
at the same time pertinent and force
lful. He touched upon some points and
handled some Of the laws against
Icrime in a manner not generally fol-
lowed by the judges of our state in
their charges TO grand juries. There
which it would be we'll if they could
have been heard Or could be read by
every male citizen in our state.
/ We wish we had space here to re-
produce the two-column report by The
Post Of this charge. 1t would be whole
some reading.
The judge urged upon the notice OF
no power to enforce the law outside
of the citizenship Itself.
In other words without a citizenship
determined 10 see that the laws are
lenforced, laws, no matter how good, are
lof no avail. A healthy, moral condi-
ltion depends, not on the laws, but on
the determination Of the people to have
these laws enforced. Where public SEN
timent is against the enforcement OF
a law it cannot be enforced, no matter
how good and beneficial a law it may
be.
| In reference to the necessity of
clear, moral sentiment in a community
the judge said
] There is a class of laws for the pro-
Itection of society in general Every
man and woman has a right to healthy
moral atmosphere. There are Of
Ifenses in almost every county in cer-
tain spots that infect the moral atmos-
phere with immoral atmosphere. There
are children born in those communi-
tiles as innocent as those in your own
households, and every man knows
|they cannot grow up in such an at
moSphere, seeing men and women liv-
ling in adultery every day Of their lives,
without becoming contaminated final.
Ily. They are helpless, and you are Sc
llected from all parts of the county to
lsee if such things are going on any
where. There is no power to stop thai
thing unless the citizenship of the
lcounty takes it in hand.
| The judge then took up the matter
lof gambling. Here he gave some city
lofficers a pretty severe rap. He said
There were laws against gambling
lagainst putting up anything of value
lin a game of chance. Yet said he.
lit is generally understood that people
gamble, and in nearly every town go to
1 find the efficient police in their great
Vigilance hauling up some onery negr)
for shooting craps, or raiding some out
lof the way shanty, and you would think
mo one else ever did any gambling.
The police come into court with these
leases, al APPARENTLY taking much credit
Ito themselves for thus protecting So
lciety. But the man who wants to play
lpoker in high life says: You must not
lbother me. A gentleman has a right
to play a little poker if he wants to-
Then along come the fellow that sells
liquor to minors and says it won't do
Ito push that thing too far. And the
imam that totes a pistol comes up next
land says we must let him off with
Judgment suspended and payment Of
1coSts, for that iaw wasn't really meant
Ito be enforced to the letter. Then
there's the individual that sold his vote.
He says that's all right, things mustn't
lbe gone into too closely. And then the
man who has rented a house to lewd
women comes along and says: ''Oh,
we'll, that's a necessary evil. What's
ithe use of talking about those things?
You can't help it, And the first thing
you know the community will be in
the hansd of the violators of the law
In reference to the frequency of hon.
icides and habit of carrying pistols in
this state the judge said that high
crimes would not often be committed
Iif the laws were enforced in the be-
| ginning. My experience said he.
las a lawyer and solicitor, and my brief
experience as a judge. has taught me
THAT two-thirds of the homicides would
have been prevented if the law had
been enforced against the carrying OF
pistols
Men were prone to resent insults,
said Judge Ferguson, but he could re-
member in the days before the war,
"Hell a IIIdu WHO uStU a deadly WSdp-
on was disgraced. But now it seems
to be all different. If a man is insultad
now, he does not know but what the
other is armed, and the result is that
often both draw weapons.
One class Of individual was described
by the judge as not thinking he was
altogether a gentleman unless he car
ried a pistol. He ought to be made to
pay dearly for being that kind of, a
gentleman, and perhaps when he found
that it cost the price of suit of
clothes to carry his gun, he would de-
eide to be a dude rather than an arm
ed gentleman.
The judge in this charge shows a thor
ough knowledge Of the character and
disposition of the people OF his state
and Of the evils which arise from a