The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-10-04
Judge Dayton
To Grand Jury
STRONG CHARGE MADE At
cIARKssuRo TO JURY FOR
OCTOBER TERM OF FED
ERAE COURT.

the bench and the usual number OF
court oHcials in attendance. Among
ttese are United States District At
torney Reese Blizzard, First Assist
snt 3. N. showalter, Clerk Dellick-
a and Moore. United States Mar.
shall O. D. Elliott. Deputies c. NJ.
Shrewsbury and E. D. Hupp and 9th.
ers.
The grand jury was organized as
follows:
q q. Young. foreman; c. NJ,
whitescaryer, L. E. Stout, X. B.
Crawford. s. s. Raris, B. B. Stout
Taylor Ward, John S. Stout, VIII 3.
Chpp, w. H. Glover, Page Mccrum'
ii. II. Lewis, Charles S. Smiley j.
ID Holsberry, R. B. Rexroad, Moses
Sinclair, Edgar NJ. Poe, W. A. Sheets
and David Davidson. q"
Judge Dayton then delivered an
elaborate, careful and particular
Z charge to the grand jury, Characters
lie Of his pronounced views Of the
subjects dealt with and at times quite
eloquent in the emphasis of more i'm
portant features. A large and inter
ested crowd listened attentively to
eyery word the Judge uttered.
The charge dealt with the grand
Jury its powers and duties, the ma
tional laws, whose endorsements are
with the federal courts, such as the
monetary system the postal system,
interstate commerce and the internal
revenue laws. Judge Dayton thought
in this age of mighty progress and de-
iyelopment it was right that men
should pause momcr and think.
Men should realize that these prosper
Gus conditions depend on few, great
fundamental principles of the Repub'
lie, and that men honest with them
selves, when they compare these with
the conditions OF other countries, will
thank God they live in this country.
Judge Dayton declared there was moth
ing equal to 1t. No other country Is
SO supreme in wealth, intelligence
and civilization, and It all depends
on the foundation of government.
namely, obedience to law, respect for
the courts, etc.
Judge Dayton asserted that law is
the very guiding star for the protec'
ton of life and the PRONUNCIATION Of
peace and happiness. He here show
1 Ell by Illustration how in our slumbers
the thin pane Of glass protects from
the murderer, the robber, the thief
in the night time, by the law with all
its powers and penalties standing
strongly by. That law with all Its
power, force and penalties says thou
shalt not steal, kill or rob the man
there sleeping.
But behind the law must stand pub
lie sentiment.
He then impressed on the jurors
minds that law will be no stronger
than the public sentiment. All who
enforce the law come from the com.
mon citizenship, all who make it come
from the same source and the courts
themselves are from that source, too,
and no court can administer a law
that is not upheld by public senu-
ment
Judge Dayton here very severely
condemned lynching and deplored the
fact that in soma places public senti-
ment was SO low as to forget that
the laws punish for even the worst OF
all crimes. 1t is the duty in instances
of this kind to uphold the law and not
to forget It as public sentiment so Of
ten does.
Next Judge Dayton pointed out to
them where they as the grand jury
was the most Independent body in
the nation as well as the most power
full. The President may be impeached,
the high up in Office turned out
Judges driven from the bench, but
there is no power by which any one
can force or compel the grand jury
or prevent It from Indicting persons
shown to be reasonably guilty of vio'
lations Of the law. The acts OF judg-
es can be reviewed and revised by
higher courts but the grand jury is
free from all such restriction and lin
itation, subject indeed, to nobody and
no power. The origin and history of
the grand jury system was here inter-
estingly reviewed, and It was shown
that the principles upon the system
was founded go back to the Mosaic
law.
Judge Dayton expressed detestation
for anarchy and all those peculiar be-
liefs and motives that lead to 1t. And
has just as much hatred toward those
who Just step removed want to deny
citizens of the right TO appeal to the
courts and the law for protection. He
Has no patience with that other senti'
ment that is being advanced to some
extent to confuse and confound the
d. a