The Birmingham age-herald., 1906-01-09
JUDGE SAM WEAVER CHARGES THE JURY Stresses Jury's Duty to Investi- gate Charges of Perjury TO REGULATE MOTORING The Judge Reads and Explains Sec tion of the Acts of the LeesIa-
 ture on Speeding Auto
 mobiles.
TO REGULATE MOTORING

The grand jury for the January term of the criminal court was organized yes- terday in the first division, and Judge Samuel Weaver delivered his charge to the Investigating body.
 Judge Weaver placed particular stress upon the duties of the grand jury insofar as related to the investigation of charges of perjury and subornation of perjury declaring that persons guilty of those felonies were among the greatest enemies of mankind. He also called attention To the fact that the grand jury must bring in true bills for violations of thes gen eral acts of the legislature relative to the use of automobiles. He read section ,, as follows:
 "No automobile, loeomobile. or motor vehicle propelled by steam Or gasoline or electricity or other source of energy shall pass a person driving a horse or horses or other domestic animal. or foot messengers walking in the roadway of the highway at a greater rate of speed than eight miles an hour. nor pass public school in school days when school is held between the hours of o'clock and me ridian. or pass a building of public wor- ship on the Sabbath day during the usual hours of service at d greater rate or speed than eight miles per hour. or cross dam or causeway where the traveled portion of the roadbed is less than twenty feet wide at a greater rate of speed than four miles an hour."
 After carefully and in detail explaining the duties of the grand jury, Judge WeaV- foII
 Should Investigate Crime.
 "The next class of your duties is the investigation of crime and the present. ment of all persons who may be shown
 by the evidence to be guilty Of violating the criminal law. In this connection 1t may not be amiss to call your attention to the crime of unlawful homicide. The too frequent practice of taking human life on little or no provocaton has entailed
 upon the people great burden and has engendered too often the remark that hu- | man life is too cheap Let us hope that by a bold and fearless administration or the criminal law a just and righteous pup lie sentiment will be engendered against this practice, which has caused the dark | est spot on the fair name of our state 1 and county. The protection of human llfe is the very first care of the law. It IS the cornerstone of the very fabric of our system of jurisprudence.
 "I shall not undertake to define the distinction of homicide such as murder in the first degree and second degree, as the solicitor or his assistant will be With YOU and give you the benefit of his advice and assistance in such matters and the court always stands ready to give any additional assistance as may be desired by you
 ''All crimes are divided into two gen. eral classes-felonies and mlsdemeanors. A felony is any public offense which may be punished capitally, or by Imprisonment in the penitentiary All other public of lenses are called misdemeanors. The dis 1 tinction between the two becomes import ant by reason of the discretion allowed YOU in the return of indictments. If in case the evidence shows that a felony has been committed by any person it becomes your duty to return a true bill.
 No other consideration except the guilt or innocence of the defendant is to govern you in such cases. and as the guilt or innocence is only to pc arrived at by legal evidence delivered before you, 1t will not be amiss to call your attention to the crime of perjury. You at once see how nefarious and abominable this prac- tice is in the administration of justice. The perjurer and the person who pro- l cures and suborns another to swear false 1 ly and corruptly in the trial of any cause are not only the worst enemies of man. 1 l<ind but at the same time they pervert | the law and render negatory its salutary provisions. If in your deliberations you find that perjury has been committed. promptly indict such persons and let the solicitor of your county by proper pros- 1 ecution make such aware of the pains and penalty of the law as is provided for such enemies to the administration of our law. Now, in the case of misdemeanors different rule obtains; the law allows you to exercise your sound discretion as to the return of indictments. In such eases. although guilt may be shown, yes, | If the good order and peace of the com munity would be best subserved. and the {, ends of justice not defeated by the law allows you to ignore such indictments, ex- l cent where person appears and en- dorses his name or the indictment and in certain crimes that I will presently 1 call your attention to-
 ..rrhere are certain offenses to which l the law requires me to call to your spe-