The Republican. [volume] (Oakland, Md.) 1877-current, 1907-06-06
JUNE Term Of THE GAR
RETT CO. CIRCUIT COURT
Convened on Monday With Judge
Henderson Presid n.

The June term of the Circuit c urt
for Garrett county begun on Monday
morning last, with Judge Robert R.
Henderson on the bench. Mr.. Charles
S. Davis was appointed foreman of the
Grand Inquest and the following named
persons were drawn from the jury box
to serve on the Grand Jury for the
term
Mahlon Schooley, Isaac A. Ervin,
Jonas Platter, Oliver c. Facenbaker,
Thomas H. Bittinger, Wade Hinebaugh,
James A. Fitzwater, G. W. Legge, Ru-
dolph Faucet. Patrick E. Finzell, Jas.
Chisholm, David F. Liller, Mahlon Glot-
felty, Benz. F. Green, VIM. NJ. Sebold,
John Speicher, Meshack Mattingly,
Daniel T. Thayer, ". G. Riley, Charles
K. White, Solomon Orendol #, James
w. Dodge.
Charles j. Newman was excused for
cause and Robert c. vii. on was re-
turned mortuus est.
Judge Henderson then gave his
charge to the Grand Jury as follows
Gentlemen Of the Grand jury:
Few words. or none, are required from
the Court to impress upon you the So
| lemnity of your obligation. The terms
of the oath you have taken are compre-
hensive and sufficient. A careful and
| conscientious observance of them will
surely prevent any serious error on your
part.
The spirit in which you approach your
labors should be a judicial one, and that
implies your leaving behind you all
personal or private friendship, bias, in
terest, likes or dislikes. You are an
important part of the Circuit Court, and
have no small place in that most vital of
the functions Of civilized society-the
administration Of justice in accordance
with law. If any of you have, as pri-
vate citizens, looked with leniency or
careless disregard upon the breaking of
the law by your neighbOrs, it is now
your sworn duty to .abandon such an at
titude of mind. You stand for the en-
forcement of law anC its exact obserY-
ance by all citizens. Nothing less than
this will insure the safety OF our insti-
tutions. A spirit of lawlessness in little
things easily grows until the very struc-
ture of society is threatened, and in
dividual will is set up against the col
/ lective will of organized government as
/ expressed in law. Your service here
will, no doubt, increase in your mind re-
spect for the law and adherence of
those who disregard it. If not you will
have served i'll your state and county.
Some Of you are experienced in Jury
duty and will be able TO help those who
are new to it.
/ There are. am glad to say, no serious
or widespread conditions of disorder to
call to your attention. So far as can
see, and without presuming to dictate
to you, your session should not be pro-
+, longed. AS the expense of the court
/ terms is very great you will be expected
/ to use all reasonable and proper dill
| gence to make you as brief as the ma
/ ture of your duties will allow.
/ The approved practice is to have your
body organized by the selection Of two
clerks, one to keep a docket Of case.
and the other to take notes of the testi-
mony. The States Attorney, who will
be your adviser, will explain the prac-
! llCS luTlItT 10 you.
AS most of you know, your duty is
not to pass on both sides Of case but
on the states side only. A considers-
ton by you of the possible or probable
defence to charge of crime will be to
impinge upon the functions of the petit
Jury. The approved rule for your guild
ance is this-if the evidence laid before
you is sufficient to justify conviction,
supposlng no evinence for the defence
to be in existence, then you should in
dict. Stated in another form it is this
for the purpose of your inquiry there
is no defence, but the evidence for the
state must be sufficient to support a
verdict Of guilty. Unless there is
enough for this, do not indict
Twelve affirmative votes must be
given for presentment or indictment.
A betrayal Of the secrets Of your pro-
ceedings-and they are all secrets a
violation of your oath and will subject
the offender to punishment for contempt.
You should first consider the cases of
those who are confined in Jail, then of
those who are recognized or held under
bond to appear and then all other cases.
1t is the duty of each one of you to dis
close all breaches of the law known to
you, to your fellows, that proper in
vestigation may be had.
In some localities there is still COM
plant about violations of the liquor law,
by sales upon Sunday and to minors.
These are important cases, if the evil
dence shows they exist, and should be Civ
en- careful attention. 1t is often difficult
to get proof from unwilling witnesses,
but those of you who happen to be from
the localities complained about can be
Of great assistance in such cases by the
use of your knowledge of places and
witnesses. Complaint has been made
of practice growing up in those parts
Of the county where prohibition of the
liquor traffic obtains. 1t is that of ship
ping by express C. o. d packages Of
four or more quarts of whiskey to one
person, whether he has ordered it or not.
He then collects from three or four 9TH
ers proportionate amount of the cost
and takes out the package and divides
the contents. This is a violation of the
prohibitory laws and deserves careful
investigation. II may be that the re-
cipient of the liquor can be punished for
selling without license. At any rate
your Investigations may lead to an