The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1909-06-03
JUDGE RAYMOND MAXVVElL !
DELIVERS HIS FIRST CHARGE
New Criminal Court Here is
Convened in Its First
Term.
JUDGES CHARGE FINE.
Duties and Character of the
Grand Jury Are Neatly
Described.

AL were impressed with the dignf-
~. grace and ease Of the new judge.
Haynond Maxwell, as well as with
his address to the members of the
bar and his charge % the grand jury
Before organizing the grand Jury the
court qualified many Of the members
Of the bar as the fact that new
court requires such qualification.
The grand jury was organized as
follows:
orle Mcconkey, chairman James
n. Mines. David l.. Hail, John Q.
Harrison. Charles y. Short, Wi,llam
NJ. Smith William Sommervilic, John
w. Stewart, j. b. McReynolds, John
Lewis. Amos Carter Walter iIurscy,
Charles l.. Hickman. Jane. Bum-
gardner and Carl Hornor
Judge Maxwcll's charge follows:
Gentlemen:
Ii is no doubt an inconvenience
10 busy men for them to give their
time 10 jury service. but such service
is one of the necessary exactions of
society. We cannot have society and
civilization unless we have govern
ment. We cannot have government
unless We have courts. Me cannot
have courts, especially of criminal
jurisdiction, unless we have juries,
both grand and petit: the grand jury
! to investigate whether there is
probable cause TO believe that Il
wrong has been committed against
the public by a certain person or GER
tain persons. and the petit jury to
try the fact.
The dignity and Importance of the
duties of grand jury are of the first
magnitude. The welfare and secur-
ity OF community depend in the
hrst instance upon the enforcement
OF It's laws. especially its penal laws,
and the latter cannot be enforced
without the action of a grand Jury.
II Is not stating the matter in too
strong terms to say that under ouc
form of government the preservation
OF public order depends absolutely
on the grand iuries. We might have
the best courts imaginable, the best
prosecuting attorneys, sheriffs and
petit iuries that could be produced,
yet, If the grand iuries fail to do
their duty the whole scheme falls
like house of cards.
Not only is the grand jury called
upon to discharge most important
and digniiied duty, but while serving
in such capacity its actions are alb
solutely Independent of all powers
on earth. For example: There
might have been score of most
heinous crimes recently committed
within the jurisdiction of this court,
and the perpetrators OF those crimes
might he in custody awaiting action
of the grand jury. and a strong pri-
ma facie case might he clearly made
out against each of the accused per-
sons, yet if the grand jury saw fit
~ NouIu dusuiulcly Itllse W lNulcl
any of them, and the court could in
no wise control the grandy jury's
action. The most the court could do
would be to discharge the grand jury
and impanel a new one, and it. in
turn, could do just as it pleased. also.
Not only are your duties dignified
and important. and Your actions alb
sclutely independent of any exter-
ior influence. but your power. along
the lines of your duties is absolute
ly unlimited. You may remain in
session just as long as you think the
public good requires, and you can
have brought before You Just as
many witnesses as you deem neces,
sary. even though it be every soul in
the county.
As PRELIMINARY TO your investiga
lions the question may suggests it
self to you as to how much or how
strong evidence must he presented Il
you TO justify you in returning al
Indictment in given case. Yo,
must be satisfied in each case tina
there is probable cause TO beliey
that crime has been committed an,
that the evidence before you is sui
ficient to convict the accused perso
of the commission of such crime.
such evidence is not explained ava,
You will indtct no one on mere sus
picion.
Special Instructions Under Statutes
There are some matters %hic
the statutes require the court to civ
in special charge to each grand jury
they are as follows:
81. Election.
1T is an underlying principle {
our government that every man WI
is entitled to vote shall have II
opportunity to do so and shall ha,
his vote counted as cast. and sha
have right to cast his vote FIR,