The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-08-23
mlntArllRE ALMANAC.
1,,dpe witt and the Grand Jury

11ditor Of rho Times Dspa teh,: Il,
slrl an,I e,ltre sSmp Sd " wlt ~ t ths
utIss,ls OF of'i Rehlnond TO expose poticq
eorr,,pIioh in this cty ard 70 prevent Il
possible a repeitoh tha d 1,, n ~, ~,
Fl connection with ou,. recent primary
And while I have the Highest RESI- cct lot
ticmei composing the so-called ,m mi! !,
lty"T Of the eoent special grand Jury Or Or
the fusings Court, Syt e; ean ha l ha e
tlnn of Judge VIII, ln5rerusng to read a,
ity, was Iii In exact fulhil'ncnt q his duty
III tho premises ,,,,..
been censurcd III this matter yet ms rs
action seems not to have been e en- l.l,i
he part Of e bntpihr o I has
not been accorded that degree OF com
mendation that his fearless performance
Of duty actually merits. 80 ~
That there exists In the MIND OF tne
public a misnpprehcnslo ion respecting ne
duties and functions Of Il grand jury IS
apparent from the nature OF the requ ..st
contained the resolution, aaoptea - th my
Judge Witt order q grand jury. 10 PC I'm IN.
lonneled for the September term VI tns
Hastings Court, and thnt he charge sncn
body to take the whole matter und"r
consideration and make full invesusa-
tionan report thereon.
l respectfully submit that this resoln-
tlon calls upon Jgdse Wttto f 6e res m,s
that In this, State a grand jury IS not
and cannot be pervarted into a mere IN. II,
vestigatlrg committee; and am ,fu r. y
the peace and order of society II such
were the case. IN this connection the
following paragraph. taken from ar. ar ttei
Gle in 81 Amere Ian Law R & w page TX ~
grand ,jurles are required, at the close o.
their labors to present to the court
genera report upon public quesliohs
them. This power has often been per,
vcrted to purposes of personal MALICE; and
In many cases grand jtties nave become
little better than libel mills In ms !. g!
charges against persons without return.
ing against them any Indictment or pre- re,
sentiment for the crime charged. which
charges, II nude by q private person,
would constitute a criminal libel.'' .sil
arc prescribed By section ss9s5 Of the Code,
as follows The grand jury snail ! INQUIRE nc u
and violations of penal laws committed
within the jurisdiction Of the respective
courts wherein they are sworn; except
matter for which there Is no corporal
punishment but fine, whcrds the fine. Is
limited to an amount not exceeding nYe
dollars.
der our statute, which Is merely confirm,
atory Of the common law, the duties ana
powers Of a grand Jury are I'M, .l. 70 Ing
laws and the presentment or indictment
Of persons deemed guilty thereof the
grand jury has no4power norris II Ethelr
duty or privilege to report5the miSconduct
of an officer or other persons WHICH does
not amount to q crime or IS not Of such
magnitude as will justify the Jury IN
making ~ prcsentment or returning an
Indictment. l., ~
anomaly In criminal procedure 1t pre-
sants nothing upon which the court can n
act and it exposes the person reported 10
scandal and disgrace Withou: affording
him an opportunity Of showing himself Is IN.
)nocent OF the matters complained o.,
such person Is actually In far worse
plight than he would be II presented or
Indicted I
However, have, no doubt that Judge
Witt viii act In this matter II accordance
with the spirit Of the resolutions referred
| to, and thut he will impanel another
| grand jury for the purpose OF lnvestisht-
| Ing any violations OF law that may nave
occurred; but very MUCH doubt that ne
viii receive report" from such grand
jury. even though i be signed : ~ 6y a
majority. y. NJ LONG. +
Richmond, Va.