Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-11-24
THE CIRCUIT COURT.

THE CIRCUIT COURT.
The fall term of the circuit court for
York county convened in Yorkville
yesterday morning, Hon. D. f. Hydrick
presiding, Solicitor j. K. Henry repre-
senting the State, Stenographer H. l.
McCaw taking the testimony, and the
various county court officials at their
respective posts.
OF the thrty-six petit jurors drawn
some were not found, and after ex-
cuses were disposed of. twenty eight
were available for duty. An extra We
nre Of twelve names was drawn from
the five-mile box with which to fill out
the shortage Of eight.
The following eight jurors were
served to complete the venire: P. S
Thomasson, ]. B. Neil, L. G. Baber
Andy Sturgis, j. w Dobson, ]. B.
Scott, b. F.. Smith, John Lowry.
The feature of the morning session
yesterday after the completion Of the
venires. was Judge Hydrick's charge to
the grand jury. Notwithstanding that
this is the third and last term Of all
the members of that body, except the
six who will hold over next year. his
honor has been making it a rule to
of the various counties as to matters
that he thinks are Of especial i'm
pOrtance, and all these things were
pretty thoroughly covered.
BY way of entering into the subject
his honor said that he had had fire.
quent occasion to note that many grand
| jurors are without a comprehensive un-
derstanding Of the requirement Of theil
oaths. Because the oath is usually ad-
ministered in full to the foreman only
some of the other members take up the
| idea that 1t does not apply to them as
we'll. AS a matter of fact, each grand
juryman takes the same oath that Is
administered to the foreman and it Is
equally binding on all.
Repeating the oath in substance, he
pointed out as the principal require
mentS Of it that the grand jury was
bound to present all infractiOns Of law
peace, good order, public morality, etc.
without fear or favor and that II
was not to be influenced to withhold
presentments for reward or hope OF
reward Also it is bound to guard the
developments Of the grand jury room
in absolute secrecy, divulging nothing
to outsiders, either while the investiga-
| tions are in progress or at any future
time.
He explained in detail what was
meant by the phrases fear or favor
reward or hope Of reward" He did not
believe that a South Carolina juror
could be bribed or bought. OF course
such a thing may have been done; but
when it has occurred, it has been a
rare exception of the kind that proves
the rule. If a grand juryman should
be influenced to withhold a present
ment because of the prominence or in
tluence Of the accused, that was to be
taken as a lack Of moral courage on
the part Of the juryman. The juryman
should not be deferred by public SEN
timent from doing that which he knows
to be right Personal feelings, or pas
sions have no place in the grand jury
room
AS to whether there is any reason
for the maintenance of secrecy in the
grand jury room makes no difference
so far as the grand jurors oath is con-
cerned. But there are good reasons.
Suppose a responsible and influential
citizen is suspected of crime. The sus-
picion may not be general and there
may be an absence of convincing facts
upon which to base it. But still there
may be enough cloud to warrant a
doubt In such a case, it is proper that
the grand jury make thorough inves-
tigation. 1t can only do so by the eX-
animation of witnesses. After those
there may not be enough evidence to
warrant a true bill and under these cir
cumstances the witnesses are entitled
to protection. The grand jurors there
fore should guard against allowing
themselves to be picked as to what
they did or did not do.
In connection with the fear or favor
idea of the grand jurors oath, his hon
or took occasion to express himself
very emphatically on the common ten
dency of allowing prominent and infiu-
entail offenders to go unwhipt OF JUS
tice while the less powerful and more
humble offenders were held to strict
account This he illustrated by re-
ferring to the familiar case of the ne
gro crap shooters" who are hunted in
the highways and byways, arrested.
hauled into court and punished, while
the town may be notoriously full OF
influential white gamblers who break
the law with impunity and with whom
the police do not think Of interfering.
In the face of conditions like these, he
said. effective enforcement Of the law
is impossible, as there Is probably no
other one thing that so weakens the
machinery Of the courts as fragrant
inequality and injustice in the enforce
ment Of the laws.
Referring to the fact that the papers
of Sunday morning reported three hom-
cides in South Carolina, his honor took
up the crime Of murder. If there Is
one crime above another that is a
stain on this southland Of ours, 1t is
blood od-guiltineSS. And what are you
going to do about this thing Of taking
human life, gentlemen? Are you sat-
isfied with this condition? The res
possibility is with you and the petit
Jurors All the lawyers in South Car
olina cannot acquit guilty man. 1t
is the duty Of the lawyer to see that
his client has a fair and impartial trial
and that his case Is presented to the
Jury in the best light that is possible:
but no innocent man is ever convicted
and no guilty man is ever acquitted
except for want of intelligence or IN
tegrity on the part of the petit jury
that tries the case. 1t has been said
that we have as good government as
we deserve / have wondered at this
statement a little; but it is true. In a
republican form of government, gov
ernment in which the people govern
themselves, the people can have any
thing they want. If you want good
schools, you can get them: and If you
haven't got good roads ii is because
you do not want them. And so 1T is
with the laws If you want the laws
enforced you can do it, and you can do
as much in the way Of securing a first
class administration through the jury
box as you can through the ballot box
Next, Judge Hydrick took up pre-
valent practice Of talking to jurors dur
ing the progress Of Il trial. He said he
had been to places where trial juries
were surrounded by friends Of both
sides as soon as they came down from
the court room at the first recess. Sup
pose you had case before me and
knew of the fact that the party on the
other side was talking to me about it,
you would not have much hope as to
the outcome. would you? And you
would not have much respect for or
confidence in me would you? Well, the
man who undertakes to talk to you
about a case during its progress has
not got much confidence in you. And
you should not allow anything Of the
kind No man should talk to you
about case. nor talk about it in your
presence. To illustrate how this kind
of thing is sometimes gotten at his