The Birmingham age-herald., 1905-09-05

you and give you the benefit Of his ad- vice and assistance in such matters, and | the court always stands ready to give you any additional instructions or infor- | nation you may desire.
 "All crimes are divided into two general | classes-felonies and misdemeanors. "A felony is any public offense, which may be punished capitally, or by impris- onment in the penitentiary. All other public offenses are called misdemeanors 1 The distinction between the two be- comes important, by reason of the discre- | tion allowed you in the return of indict- ments. If in any case the evidence shows | that a felony has been committed by any person, 1t becomes your sworn and im- perative duty to return a true bill. No consideration except that of the guilt or innocence can govern you in such cases. This rule, however, does not obtain, in the consideration of misde- meanors. but the law allows the grand | jury to exercise its sound discretion as | to the return of indictments in such cases. In misdemeanors, although guilt | may be shown, yet if the good order of | the community win be subserved and the ends of justice not defeated by ignoring | an indictment the law permits you to ex- ercise your discretion and do so, except when a prosecutor appears and endorses his name on the indictment. and in cer- tain crimes, to which I will now dirkct | your attention.
 There are certain offenses to which the law requires me to call your especial | attention, viz; Laws relating to the man. | agement and treatment of convicts and prisoners; adulterating and selling adul- terated candies; violations of election laws; forming pools to regulate the quan- tlty or price of any product, or a combi- nation to control corporation with such intent; failure of the tax assessor to ad- minister oath to tax payer; dealing in any county claims or being interested in any county contract by county offi- cer and the too common and dispicable offense of carrying concealed weapons. 1 These offenses are mfsdemeanors as to which you have no discretion, and if guilt is shown you must indict.
 Tn this connection I desire to direct your especial attention to an offense that has been brought to my notice from moYe than one reliable source. I refeu to the practice of some liquor dealers, who under cover of a license for deslg- mated place, send out wagons and ped- dle out whisky in outlying districts This is plain and fragrant violation of the law, pernicious in its effects on the com munity and unjust to the dealer who otw serves the law.
 | q am informed gentlemen, that you have an unusually large docket to be- gin, which hope is not indicative of an increase in crime in our county, but if 1t Is, the only remedy Is prompt, viz orous and fearless enforcement of the law. If you perform your duty in that manner the responsibility for any mis- carriage or failure of justice will not be on you and the effect of your good ex- ample will be the benehcent
 In Rregard to Witnesses.
 "As I said in the outset you are su- preme in your sphere, but while on the question of witnesses I desire to make a suggestion in order to better obtain a punctual attendance. It Is expensive to the county and both troublesome and ex- pensive to witnesses to spend much time awaiting examination before the grand jury, and the short time they have to walt before gaining admission to the grand jury room, the less worrisome 1t will be to the witness and the more 1t will facilitate the dispatch of business. The clerk has been instructed in the pre- limnary setting of your docket, to suri- mon no more witnesses for any day than can be examined by you, so as to avoid bringing the witness back for another day, and l suggest that you observe the same precautions during your session. | Witnesses are too lax in obeying their subpoenas, not thinking that inattention on their part not only discommodes oth- CTS who may be prompt, but delays pub lie business, and flinders the prompt ad- ministration of the law as well as causing unnecessary and unwarranted expense both to the county and to individuals. Consult as far as possible the personal convenience of witnesses. but require re- spectful and punctual attention to the mandates of the law. You may order subpoenas for any witnesses who may be required to give testimony before you, and if any person summoned fails to ap- pear you may return such subpoena to court with such default endorsed there- on by your foreman and compulsory pro- cess will be issued
 "In the investigation of cases you are to receive only legal evidence. The req son for this rule is apparent, for no in dictment should be found on evidence that could not be received on the trial otherwise a grave injustice would be done to the defendant and unnecessary expense entailed upon the county. It re- qures the presence of at least thirteen grand jurors to constitute quorum for the transaction of business. and If at any time your number should be reduced below that for any reason 1t will be your duty to report such fact to the court, that the deficiency may be supplied.
 To Find indictment.
 l ''Ine concurrence Ol dl least LWelVe or your number is necessary to find an in- dictment
 If any grand juror knows or has req son to believe that a public offense has been committed. indictable and triable in this county. it is his duty to disclose the same to his fellows.
 "No grand juror must be present at or take part in the deliberations of his fellow jurors respecting any public of- fense with which he Is charged, or which was committed against his person or prop erty. or where he is connected by blood or marriage with the person charged. Should any witness wilfully refuse to an- swer any question from which he is not | excused or to divulge any information not privileged, concering any public offense, you will report such fact to the court for whatever action may be legal and proper.
 remind you that the proceedings of the l grand jury are to be kept secret, but find that too frequently this requirement. | is not properly observed. You should pass upon every matter in the light of the evidence before you free from any outside influence or information. Your oath demands 1t and the law requires 1t.
 This closes my instructions to you, gentlemen, and now 1t remains for you to enter upon the discharge of the duties imposed upon you with the full deter imitation to discharge them fearlessly and to the best of your ability. Do this and you will have the approval of your own consciences and merit the applause of your fellow citizens"