The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-04-22
GRAND JURY CHARGES
SHERIFF BURGlN WITH
NOT ENFORCING LAWS

charge sufficiently specific TO enable me
to present my side of the case.
Jury lists are issued by the clerks OF
the courts about thirty days prior 10
the time the jurors are required to serve.
A careful examination of these lists are
then made by my office force and sep
arate lists are made for the several depu-
ties, having reference to the places OF
residence of the jurors and the localities
where the several deputies work. We place
on these separate lists all data obtainable
as to the residence, and location of the
Jurors for the information of the depu-
ties, and the lists are then sent to the
IDENTITIES and they are required to serve
them IL found in their localities and II
not found. to return to the Office with
any information obtained as to their local
tiles. If it developes from this investi-
cation that a juror may be found any
where in the county. every effort Is maze
to find and serve him. 1t must be remem-
bered that the population of this county
is approximately 200 900, that many of the
inhabitants are constantly moving from
place to place. and it is practically I'M
possible to serve every. juror Issued for
under all circumstances. After every other
effort has failed, we then mail to eaeh
lists a summons to serve, in the hope
that he may be reached by mail; and
we also publish a complete list of the
jurors in the local newspapers
Capital Cases.
so far as juries in capital cases are
concerned, all jurors are drawn by the
court from the jury box provided by the
Board of Revenue. The law does not
permit the sheriff to select juror or
excuse one in a capital case under any
circumstances. The gravamen of the
charge of the grand jury is the selection
of preferred Jurors in this class of cases.
And ] must say that the grand jury is
either woefully ignorant of the law or.
that its members have deliberately
charged me falsely in report to the Sc
verest accusation embodied in the report
1.-The courts have the inherent power to
summon me before them at any time 20
show cause why | have failed to sum
mon any juror and to punish me for con-
tempt of court, If [ failed to show just
cause. During my term of office ] have
never been cited TO appear in single
instance for any such dereliction of duty.
us it not strange that. If | have been
neglectful of my duty, some of our courts
have not cited me III at least one instance
to show cause why | have not performed
my duty?
ut is said that some jurors have
served twice in one year. Whether this
is true or Nv j 90 not hiOW, put IL ~
the jurors 50 CRYING have perjured them
selves inS oper court Every juror is re-
quired to swear before qualifying that he
has not served on any other jury in that
court during the year. If the grand jury
Is to be consistent, will it indict the men
who have so perjured themselves? The
grand jury is under oath to return indict-
ments against all persons shown to be
guilty of crime. Perjury is one of the
highest crimes, and the grand jury say
by their report that this offense has been
committed.
"The courts require seventy-two jurors
every week in the court year. 1t is stated
in the report that thrty-five men have
been picked up to fill up veniries, but 1t
is not stated within what time nor in
what court nor who are the persons
charged to be preferred Jurors. VIII the
grand jury have the courage and fairness
to be specific? If not / can't possibly
make specific answer. At least two of the
present grand jury have been selected
and summoned as extra jurors within the
past three months. Are these two of the
thirty-hve? The grand jury, IT seems,
has the necessary witnesses within its
own body"