The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1904-07-05
this respect. He touched on assaults
70 murder and other crimes.
EVIL Of Canning Continues.

4
Continuing, Judge Thomas said:
The evil of gaming continues, NOT
outstanding an enlightened pupnc
continent against it. 1t is to you tnat
suppression. In the Investigation OF
this evil, strike 1t in all classes--the
man of standing rs well as the igh1r-
| ant crap-shooter. The former by ms
harm to public morals. Because ne
happens to be clever in society and
profitable In business relations Is no
reason why he should be excused ana
the unknown negro indicted for shoot
ms craps in some obscure alley. The
crap shooter does his best to find pri-
yate place to throw his dice, yet my
as Is Il those Il yeu who I ca nd
or the gentlemanly class, gambling IN
Some brilliantly lighted place. fronting
prominent streets, are so hard TO nnd
Enforce the law with impartiality' and
I'm this connection. call especial at
tontion to the violations of sunday
laws. Examining our Sunday statutes;
VI find the exception to be extended
only to druggists from the glass OF
merchants and shopkeepers You must
not forget that the great body or our
for rest and worship. and not to have
fragrant examples of violated law
Haunted In their face to disturb them
and poison the minds of their children.
statute providing that upon a second
conviction for keeping open barroom
or sale of liquors on Sunday. such par
ty shall be denied the right to again
conduct such business for period of
two years thereafter. I, then, urge
you to indict all who keep open house
oe make such sales on Sunday. that you
ute. Il is not right t to e Compel all other
! business to close and not enforce the
| law as to the sale of liquor on Sun
day. as required by this recent act,
right to compel one man to close his
bar and allow another to sell on Sum
day. Indict all who violate this law.
Before dismissing the. subject Of
Sunday laws i will say II Is with you
to use wise discretion. enforcing these
laws as any other misdemeanor In a
high-mfnded. honest and impartial
by unwarranted or foolish enforce
ment; but do right in the matter before
you. not considering the standing or
influence of the parties violating the
lation Of the law. will say to you
that in my judgment any open defiant
violation Of any statute is not such a
case when you should use the discre-
ton not to find a bill.
All Embesxlement IL Alike.
II think you will all agree with me
when say 1t Is as much crime for
one man to embezzle from his firm or
why one should be, brought to justice
than another. What you should do Is
report to this jury, that 1t may ex-
anime any and all cases of the kind
coming to your knowledge and find in
dictments IL the evidence will warrant,
and not pass such matters over with
out bringing the witnesses before you
because defalcations may have been
made good. If you would stop embez-
element find indictments against all
who embezzle and the offense will in
commentary on our honesty IL we make
examples of one man or set of men
and excuse others for the same act"
Judge Thomas charged the jury spe-
ton especially, including the offense of
carrying concealed weapons
Speaking Of election frauds, Judge
Thomas said:
Since my last charge we have held
a Democratic primary The statute
Is imperative that / charge on this i'm
portant question. We must recognize
the demands of honest citizenship by
giving honest elections. And when I
beg you to investigate and indict for
violations of election laws. feel that
you should take pleasure in doing the
promptings of honest hearts. Let us
acknowledge the fact that no man can
with impunity interfere with the free
exatcise of the elective franchise by
his neighbor. The time has come
when such frauds are larceny after
trust-the assassins stab at our lib
critics.
II may here call attention to the
| provisions of the Act of October, 1908.
| (of the primary election law, page
1882 providing. among other things
for the secrecy of the ballot.
Sections 20 and 81 of the act pre-
| serves the secrecy of the ballot by for
| bidding the opening of any poll list
| with the number on the ballot of any
! voter for the purpose of ascertaining
y yNka tA6 nnf IN, NP
| contest. on pains of a fine of not less
| than $50 or any sum exceeding that
| amount. 1t was clearly the legisla-
tive intent that there should be abso-
| law been violated in this respect? I
| charge you to especially Investigate
| this matter. For 1t Is one of the high
est individual rights of the voter to
deposit a secret ballot and not have
1t inspected by the curious.
"The same statute also Furnishes the
sale of liquors on election days by
fine of one hundred to one thousand.
hundred to Ave hundred; the making of
a false or a fraudulent return by fine
not less than fifty nor more than one
thousand. and may be sentenced for
hard labor.
Il will say here that 1t Is my judg-
ment that the time has come when
the maximum punishment should be
given for election frauds. and one who
violates the pToNiSiOHo 40 " AoAoO
turns should be punished by hard la
Dor rather than by fine. You will
have done we'll IL you sommonsed the
managers to enquire of these matters.
1t will show a determination in the
future to make the law mean what 1t
says. 1 have heard of no violations.
but it is your duty to enquire that you
may know there were none.
Other New Statutes.
There are other statutes passed by
the recent Legislature of such impor-
lance that I think 1t my duty to call
attention to them here.
The vagrancy law is broad enough
II enforced. to rid us of many obJec-
tionable characters leading idle, i'm
moral, or profligate lives. Its second
section requires sheriffs. constables.
police and town marshals to give in
formation under oath to the proper
officials of any one guilty of vagrancy.
Let US not forget that this statute. as
we'll as others, is made alike for white
AMI black. for woman or man. who
violate It's provisions.
The statute providing the right of
a defendant charged with misde-
meanor to elect to perform hard Ia
Dor for the county rather than remain
in jail awaiting the action of the trial
court has been so amended that the
defendant, in event of his being ac-
quilted, shall be paid by the county
his earnings. (Acts 1908, page 239.)
This statute also makes 1t the duty
of the committing magistrate, the sher-
iff the Judge of probate, and clerk OF
circuit court to render to the grand
jury a statement in writing under
OATH giving the names of persons COM