The Birmingham age-herald., 1909-09-07


 stronger than it's weakest link. and our record for crime stands against us. Let every man do his duty and all will be we'll
 ''The grand jury is not expected to try the whole facts of a case and to de- terrnine the question of guilt or inno- eence. You are only to hear evidence in behalf of the prosecutions; for the finding of an indictment Is only in the nature of an inquiry or accusation. which is aft erwards to be tried by the petit jury, and the grand jurors are only to inquire upon their oaths, whether there Is suf- ficient cause to call upon party to answer the indictment. The defendant is not entitled to be heard nor to have his witnesses summoned before you; for all the rights and privileges, which the law allows each defendant are freely given him, when put upon his trial In open court.
 aThe grand jury is a secret body, each member being sworn not to tell or re- veal to an yone what happens inside the jury room If you were to be indiscreet in this respect 1t would give opportunity for criminals to escape and might se- riously impede the administration of jus tice Grand jurors have been known, af- ter they have been discharged to tell their friends on the outside which mem hers voted for and which against a cer- tain indictment This not only proves embarra ssing to individual jurors in the discharge of a public duty, but is emi- nently improper and a violation of the oath you have taken No man is entitled to know what evidence has been taken nor what discussion is had in your pri- vatel council Severe penalties have been provided for any judge, solicitor, clerk, grand juror, or other officer of the court, who discloses the fact that an indict- ment has been found before the defend- ant has been arrested has given an appearance bond, and likewise against every witness before the grand jury, who discloses the name of the person about whom he has testified or any of the facts to which he has testified before the ar rest of defendant or bail has been given.
 'Tf twelve of the grand jury should find from the evidence that a felony has been committed you have no discretion but to indct:- but when misdemeanor Is under investigation. except in those matters given you in special charge by the court. it Is discretionary with you to find a true bill or not as your judg- ment dictates for the public good, un- less some person appears before the grand jury, and undertakes the prosecu- tion, in which case. the prosecutors name must be endorsed by the foreman on the indictment, and an indictment in such case must be found.
 You will find on the grand jury docket some cases continued for your considera- tion by the last grand jury; many new cases have arisen and your session will be busy one.
 'Tt is made my duty to give you in special charge the following laws, and to advise you that you have no discretion but to indict in such cases, If the evil dence justifes it.
 Subjects Specified.
 'T Carrying Concealed Weapons There should be a strict enforcement of the law against carrying concealed weapons of the kind prohibited by sec tion G421 of the code. There Is no ne- cessity for any man to carry deadly weapon on his person, unless he has good reason to apprehend an attack. Many reckless and inexcusable homicides have resulted from easy access to weapons Innocent men and good citizens have gone down to untimely graves because this law has not been observed and obeyed I trust you will make diligent inquiry into this serious evil
 ''2 Reckless Speeding of Automobiles The law against reckless speeding of automobiles is contained In sections 6S22- 6327 of the code. These machines are in- struments of pleasure but the law re- quires that they must be so used as not to injure others. Human life Is dearer than the pleasure of the hour and broken limb or a shattered body can not be replaced. Many otherwise good citizens take perilous chances with these machines in crowded streets and fatal accidents frequently occur, or are but narrowly averted. The grand jury should call public attention to this and indict all guilty parties
 Prohibition Laws.
 "s The Prohibition Law-Under the laws of this state it is a misdemeanor to manufacture, sell, give away. or oth- erwise dispose of spurious, vinous, or malt liquors The legsla ture has re- gently enacted more rigid and effective provisions to secure obedience to this law. The new laws will be furnished in printed form for your guidance.
 ''No good citizen should countenance direct or indirect. open or secret yio- 1ation of the prohibition law: 1t is made the plain duty of every officer to ar rest and of every court to punish dis obedience of this law. Neither prevailing discussions nor the opinion of our friends. for against, should affect judge or jury in the discharge of their duty. It is the majesty and authority of law itself, which must be vindicated, and I feel that the people Of Jenerson county demand respect for every law on the statute books. No man has the right to tread upon the law with i'm punity. The grand jury should investi- gate every case coming to It's knowledge and promptly indict all offenders. If the evidence justl1es 1t. the law leaves you no discretion but to indict. A man charged with this offense will receive in this court a fair and impartial trial and every right guaranteed by the constitu- ton; if innocent he will go free; if guilty, he can ask no more and receive TO less than the punishment provided by law. Neither judge nor jury should be biased either for or against a man who is charged with violating this law. In each case we must find out the truth,