Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1910-05-14

under such a system az that our An
glo-Saxon forefathers insist upon safe
guard. They say that he should
never be compelled TO appear before
a jury and answer TO an offense unit !
there has been a preliminary examina-
ton made by a grand jury, composed
OF f~reeholders, men who own the soil,
which was the Saxon's guarantee for
men of the highest character and
standing, the men who were the most
interested in society because they
owned the earth, the ground upon
which society lived, and upon which
they were based.
Way back hundreds OF years ago
there was engrafted into law this in
stitution, the grand jury, and gentle
men, it is an institution absolutely
anonymous. There Is no counter part
for it. either in the law or in shy Of
the other institutions In society. The
Judge here sitting addressing you can
be impeached and prosecuted If he
forgets his duty and ALLEGATION to en-
force the law. He becomes a law
breaker. Bodies of Congress, Legisla.
ture, the members of it, can be turn
ed out and ~impeached in these courts
and punished If they forget their
duties and obligations. The Presi-
len of the United States can be driy-
en- out from the highest office that
any human being can occupy If he Is
recreant TO his trust and to his sworn
duty and obligation, but there Is no
power on earth that can compel you,
as grand jurors. to do your duty If you
are determined that you will not, and
If you through the obligation which
you have taken. nothing but your CON
science and the oath which you have
registered in the chancery of high
heaven restraints you from refusing
to present any man for an outrageous
violation of the law. Therefore,
gentlemen, | want to call your atten-
ton to the fact that there is no posi-
ion in government known that carries
with it a higher obligation than the
members of the grand jury. Upon
your action, your faithfulness, your
earnestness, your deliberations and
that of the other grand jurors of this
country as they are ~enpanneled from
time to time in the courts of justice
rest upon you, and the other grand
jurors. the safety and happiness
80, 900, 900 of people. Just tnlnx of It
for a moment earnestly. Consider.
What would happen jim this country,
il, for political reasons, religious bias,
peculiar compensations and personal
malice or other corrupt and improper
reasons, or reason by corrupt con-
tentions. log rolling and crimes, the
grand jurors of our country should re-
fuse for even a limited period OF one,
two or tire years to discharge their
duty and indict men guilty of crime.
Can you conceive what would happen?
Anarchy would run riot in this land
of ours. You and | and other good
citizens walking the streets now IN
absolute confidence and trust would
be avoiding the open day. We would
be gathering in secret places tremb-
ling less we should be the vistim OF
someone's malice. Therefore, you can
see, gentlemen of the Jury, that you
in this position should realize that
eternal vigilance in searching gu
offences against law and society is the
price of your liberty. Having this
responsibility upon you, occupying
the most important position that any
citizen can occupy, the law designs
that you shall be aided and assisted
in every way possible in the dis
charge of the duties that are encum-
bent upon you, so that you may dis
charge those duties honestly, fearless
ly, thoroughly and efficiently, End it
has made my duty an obligation to
explain to you the nature OF the
duties devolving upon you.
am aware of the fact as | look In
to your faces and see many who have
served grand juries before, some Of
you have empaneled grand juries and
listened to charges many times more
than 1t has been my privilege in all
of my career to deliver charges to the
| RIdllu July. 1 III aNolt AhAk AAO0
such men there may come a sense
that this charge of the jury, the en-
paneling of the grand jury. IS in a
measure mere form and mere words
required by duty and not a useless
form.
Gentlemen, no matter how many
times we may hear these charges, no
matter how dull and undressing K
may become to the judge on the
bench TO deliver them over and over
again. The laws purpose in requir-
ing them shows it is a good thing for
us, gentlemen, to consider with CRATE
full hearts to Almighty God, every
once in awhile as often as sc can,
how good a thing it is that we live
under a system of law like ours, and
with a precious privilege it Is TO live
n a country like ours. a civilization
that s not p~aralleled n all the worlds