The Birmingham age-herald., 1906-01-09

cial attention, viz: Laws relating to the management and treatment of con victs, and persons adulterating or sell ing adulterated candies; violation of elections laws; forming pools to regu- late the price of any product, or com- bination to control a corporation, with such intent; failure of the tax assessor to administer oath 10 the tax payer; dealing in any county claims or being interested in any county contract by any county officer. and the too common and dangerous practice of carrying concealed weapons upon or about the person. These are misdemeanors of which you have no discretion, but if guilt is shown it is your duty to re- turn indictments.
 Docket Is Small.
 q am informed that you have not so large a docket to begin with the last grand jury. Let us hope that this is indicative of the decrease of crime in your county. In the report of the last grand jury they said. with lament, that crime was on the increase. be- lieve in this report they were misled by reason of the fact that they failed to take into consideration the greatly increased population of our county in the last one or two years, gain of almost one-third in population. When this fact is considered, together with the vast area of the county, making district as large as Fulton Campbell DeKalb and Douglas counties in the state of Georgia, and the further fact that many of the criminals of this county have been of the variety that have no home; such. as for instance, as followed our esteemed President in his trip through the south, evading the officers of other cities and counties un- til they reached Jefferson county, where they were arrested, be it said to the credit of the officers, and are now charged to this county. But if the last grand jury was correct in its report it becomes of the highest regard that you should see to 1t that prosecutions should be swift and vigorous.
 '.Do your duty fully and fearlessly and no blame can attach to you, and the effect of your good example will be felt by the people at large. As l have said in the outset you are supreme in your sphere. Let me suggest that to ob- tain punctual attendance of witnesses before your body, the clerk has been instructed not to summon more wit nesses each day than you can examine. You may order subpoenas for such wit nesses as you desire to come before you, al faiI fuse to obey the summons you may re- turn such summons with the default to the court with the endorsement of your foreman when compulsory process will issue.
 Legal Evidence.
 Tn the investigation of cases you are to receive only legal evidence, for no indictment should be found except on legal and competent evidence. This is to be done so as not to cause annoyance to the defendant and unnecessary expense to the county. It requires at least thir- teen grand jurors to constitute quorum for the transaction of business, and II at any time your number should be re- duced below that for any reason, 1t will be your duty to report such Tact to the court that the deficiency may be sup piled The concurrence of at least twelve of your number is necessary to find an indictment If any juror knows of or has reason to believe that 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 may be charged or which was committed against his person, or property. or where he is connected by blood or marriage to the person charged. Should any witness wilfully refuse to an- swer any question from the answer of