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

law, gentlemen, can never be strong
er than the public sentiment behind
il. AS I said, the law makes 1t my
duty to instruct you as to your duty.
You are to remember that you are not
a trying body-you are an investiga-
ting body. and you are governed by
this principle not to try the case, but
you are to make that preliminary ex-
animation and determine whether
there is reasonable cause To believe
that the offense has been committed;
second, whether or not A. b. or @.
is the man who did commit 1t. You
hear only one side. If it be an cfense
as high as felony it cannot be brought
here to trial no matter how guilty he
may be until you, or some other grand
jury, has declared that there is rea-
sonable ground to believe that he has
committed such offense. The indict
ment Is no evidence of guilt. And
now | say the oarh gives you the
guiding principle in determining
whether or not you shall make pre-
sentiments. You shall present no man
through fear or favor; in other words,
o shall free yourself from all OF
the heart of sympathy, OF affection
for your neighbor. You must free
yourself from all those impulses. You
must say that the law is first-friend-
ship and affection second. On the
other hand you must present no man
by reason of hatred, malice or i'll will,
Stand as near as you can free from
those baser passions that hurt US
more than they do the objects Of
them. | am sure, gentlemen, as we
and more that our lives, and the good
that we have done, has been choked
out in a measu by the fact that we
have harbored those baser passions
of malice and i'll will. Pass them by.
In all OF your presentments, present
the truth, the whole truth and moth
ing but the truth as you expec to
stand before God in judgment on the
last day.
And now gentlemen, l want to in
duties you are to perform. Iwant
to call your attention to the fact that
there is a difference between the
duties of the grand jurors ~empaneled
in the Federal Court and those en-
paneled in the state court, growing
out of the fundamental and constitu-
tional differences that exist between
National or Federal government and
the State government. l have said to
you that there is no parallel in all the
eminent and there is not. We have
established here in this country two
distinct governments going on at the
time. for the same purposes and
yet in complete and perfect harmony.
The one with the lesser powers is the
supreme govrnment, and the one with
the greater powers is the secondary
government. Under the constitutional
provisions these governments are
working side by side for the same
purpose, for promoting the prosperity,
peace and happiness of both forms OF
government. Under the constitution
of the United States the government
OF the United States, and its laws, can
operate only as defined by the consti-
tuition. Under the constitution and
laws of the state, the state has juris-
diction over all matters that have not
been surrendered to the government
of the United States. Therefore, gen.
tlemen of the jury, you have no jur-
isdiction over the ordinary assault
and battery, robbery. murder, arsons
and many others that could be enum-
Grated.