The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-10-03

toDer term began mere at ~ :oO
o'clock Tuesday morning with the
Honorable Judge Aston G. Dayton
on the bench and the various court
officers in attendance.
The grand jury was sworn as fol
lows:
Charles McAllister, NJ. L. Sturm,
w. Il. Jones, NJ v l.. Corrick, T.
L. Wilson. r. b. ReXroad, Charles
F. Amos, George Lee Bush, W. S.
Lang, John A. Fleming, A. o. An
nan. Irwin Shroyer. Cletus Stout,
S. S. Faris. Quinn Minter, Daniel
Davidson. d. j. Gibson and b. F.
Conrad with S. s. Faris foreman.
Judge DAYTON then delivered an
elaborate. profound and impressive
charge. covering the duties of the
federal grand jury and calling atten-
ton in considerable detail to the Jur-
isdiction of that body.
Among the things said by Judge
DAYTON was that all ought on Blended
knee every day thank God that they
are Americans and for our system OF
government system the most en-
lightened. free and best in the
world. giving more human liberty.
more individuality. more incentive
and more responsibility than any on
earth.
Next. Judge Dayton stated that
large part of the excellencv of our
IN of government comes from the
;~ial system, it being the last de
tense. Often the executive and leg
I,. mot i've
not the best But the judiciary Is
independent and free to administer
the laws without prejudice or bias
fearlessly and uprightly. The very
foundation of society is its moral
sentiment and the greater that senti-
mcnt the safer Is the system of gov
ernment.
Addressing the grand jury he said
they were to see to it that the ma
chinerv of the law was started so a
to enforce the criminal laws and
punish violators.
Reviewing the history of the IN
stitution of the grand jury, Judge
DAYTON said that a knowledge Of
that history would impress the jury.
He then briefly but interestingly told
about the origin of the grand jury
system in olden times and called at
tention to the Anglo-SaXon adher-
ance to it mt all times and under all
circumstances, it being recognized
that it was the main safeguard to
human and individual rights. And
then he said that that principle Is
as dear to us as to them Il thousand
years ago.
Next. Judge Dayton said the prin-
cfples of the law arc to live honestly
render to every man his own. and not
inirrc another. Along this line he
called attention To the fact that un-
der our system of government the
presumption is that men will obey
The law and the government must
make clear mans guilt before he is
called upon to make the slightest de-
Tense.
Judge Dayton informed the grand
jury that they had grave and SER
ious duty to perform, and that they
were not to attempt to increase and
manufacture indictments on frivol-
Gus charges. wlf7cfs corld not be sus-
taincd. He told them it was their
duty to fearlessly and without preiu-
dice or bias ASCERTAIN violations
of the law. and thai the law makes
no distinction, no difference whether
it he the highest officer Of the gov
eminent or touches the humblest hut
whether it he the high or the low,
the rich or the poor.
The jurors were told that the
United States government had limit
ed power and that their duties were
restricted, and not like those of the
state courts.
Speaking of internal revenue
Judge DAYTON stated that the federal
government has no power to regu-
hate or govern the whislley traffic
neither to prohibit nor license it, as
that came under the state govern
2t. He stated that the govern
raises revenue only from it
ZGnur migiSr be laid on timber
h tSht-,}r other grain, but in the in.
st Of the law, temperance anc
sobrietv it had not heen laid on tim
Der and grain, but on intoXicntins
liquors and tobacco, and it is only
question of revenue, and choice al
to what shall be levied on, and
wise choice it is.
Then he told them there we're only