The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-11-08
To PIT DOWN CRIME
CONVICT CRIMINALS
JUDGE GARY SAYS CRYING
EVIL. LACK Q FTRUTH.
Looking at Murder Gases One Wou1o
Doubt if War is Over-Duty OF
Jurors Emphasized.


The court of general sessions TOR
this county convened on Monday
morning. bu: as Monday was sales
day, and there We're great many SAL
es. there was no business transacted
of consequence, except filling the
panels of the grand and petit jurors.
Judge Ernest Gary is presiding at
this term Of the court, and IS hand
ling the business with dispatch.
On Tuesday morning the grand
Jury was organized, and Sohcltor
Cooper handed out a number OF o1lls
of Indictment. Judge Gary charged
the grand jury forcibly both as to
their general and specific duties. He
said he thought it was defect IN tne
criminal law which gave circuit
Judge carte blanche to charge grand
iuries which usually did their duty
anyway, and restricted judges in their
charges to petit juries, which some
times did not do their duty. He SAID
there was great hue and cry on the
part Of the press that the courts were
not doing their duty, but the newspa-
pers did not point out the remedy:
It took the judge, the lawyers and
other officers of the court and the
iuries to constitute the court, and II
a mart Of the court was not doing It's
dutv. those who were raising the hue
and cry should specify which part OF
the court was not doing its duty. NO
Improvement on the jury system had
been suggested. He said the duty OF
iuries was to put down crime and
the way to put dowM crime was to
convict criminals. e spoke OF the
heavy criminal docket, which had con-
fronted him in Laurens, and SAID ne
had told the grand jury up there that
one might we'll infer from the many
murder cases for trial that the war
was not over in Laurens county.
.Juries should frown down crime; ne
said. When witnesses came before
iuries and gave perjured testimony,
WHICH the juries knew was untrue, 1t
was the duty of the juries to discard
that testimony and to get at the
truth of the case. The crying evil OF
today was lack Of truth. The court
was. here for the betterment OF the
society of Newberry county. He was
not here to register any kick against
Newberry county. Newberry was
place dear to his heart. Some OF MS
ancestors reposed in her sacred soul.
But he wanted to impress upon the
Jury that it was their duty to froTn
down crime. He said there was much
discussion TODAY of the liquor ques-
ton. The liquor question. he
said. would be solved Immediate
1y if the law of the land were
enforced. It was a lamentable facs
that the drunkard nad more prlvll-
eyes than the law-aMding citizen. The
law said that drunkenness was an ag-
gravation Of crime. while in too many
instances the ju1ies said it was an
excuse. To prohibit a man from
taking a drink Of whiskey was al
abridcement of personal liberty. but
when men abused their personal hber-
ties. then the law should step in. In
conversation with an eminent physl-
clan recently. said Judge Gary. the
physician had expressed the opinion
that crime was a disease germ. The
state had a sanitariurn for the cure
of this disease. located on the banks
of the C1ncaree, and the scientists
down there said they could cure it.
The iurv were the doctors. If thew
would diagnose the cases, he would
send them np for treatment.
But. while it was the duty Of the
lures to frown down crime, it was
ecra!ly their dutv to protect the IN
nocent. But if the state had made
ont a rr;rna facie case, it was the
duFv of tue grand jury to return q
trn, hill. and then the case would be
inves ioaSed bv petit jury, and the
petit juries would be expected to
come up to the high mark which had
been set for them.
On the call of the docket Tuesday
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