The Lancaster news. [volume] (Lancaster, S.C.) 1905-current, 1908-10-14
COURT PROCEEDINGS.
Judge Hydrick's Forceful
Charge to Grand Jury
Gases Disposed Of.

or's first term in Lancaster. Solicitor
Henry is at his post. Mr.. A. Nj. Deal.
of Columbia, is acting in the place Of
Court Stenographer McCaw.
in his charge to the grand jury the
judge stated that he would take it for
granted that they had been fully in
structed as 10 their duties at the two
previous terms of court this year. He
however, desired to call their attention
to one or two matters, the first being
the character of the oath taken by n
grand juror. His Honor repeated the
oath and then emphasized it's most i'm
portant features, beginning with the
element of secrecy which is imperatively
demanded of grand jurors in their coun-
sells, deliberations and investigations.
He also stressed the requirement. that
no one must be presented through
hatred or malice, for reward or hope of
reward, but that all presentments must
be made according to the evidence and
without fear or favor. The dignity and
Importance of the Office of grand Jurors
was commented upon. No man, he
said, could be placed on trial in this
court until the grand jury says he must
be tried. The courts are powerless to
proceed with the trial, conviction and
punishment of violators of the law
without the sanction of the grand iurv
they must first act and saw whether
or not there is probable case against
party charged with the commission
of crime.
Referring to the alleged miscarriapes
of justice, the guilty being allowed to
escape, the judge said responsibility
therefor rested with the people them
selves, and not with tie judges and the
lawyers. If law and order are to be
observed and enforced in this country
the people through the jury box must
40 their duty. Our system of govern
ment is preeminently one of the people.
for the people and by the people. When.
therefore, there is n failure in the adj
ministration of Justice, the blame at
taches to the people themselves. 1t has
been well said that no people is better
governed than they deserve. His Honor
deprecated the disposition on the part
of some TO discreIit and abuse the
courts. He said to destroy the conf
dence of the people in the temples of
justice and the administration of the
law is to sap the very foundation of our
civilization. Referring to the preya-
lence of the spirit of mob violence, he
pointed with pride to the fact that the
sheriff of his county, Spartanburg, had
just successfully resisted an attack on
the jail by mob, though wounded
while thus in the discharge of his duty
lie said If every county had a sheriff
like John Nichols of Spartanburg there
would be no need of rushing prisoners
of to places of safety. He said it was
disgusting to him to see or hear of the
law taking to its heels-of n sheriff or
other officer running away with a
prisoner To escape mob. What is
wanted in this country is officers who
will place their prisoners in jail and
then defend them at all hazards.
The judge announced for the benefit
of the petit jury as well that he would
send To jail any one who talked to a
juror about case before him, and that
he would send along with such person
the juror who would knowingly and
willingly allow any other party to dis
cuss case with him. lie also urged
the importance of the observance of the
hours of court by lawyers, jurors, wit
nesses and Others whose presence is re-
quired. He instructed the crier to keen
record of the names of all witnesses
called by him, saying that such wit
nesses would not be allowed pay for
their services if they failed to give a
good excuse for not being in court.
The bailins were also instructed to
keep order in the court room, as their
duties extend beyond the mere drawing
of $3.50 a day.
The judge reminded the grand jurors
OF their duty in relation to the exami-
nation of the books, etc., of the county
officials. which examination, he said.
must be thorough and not merely per-
functory or superficial. He also insisted