The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1910-06-09
Judge Maxwell Asks Grand
Jury to Indict Those
Who Play Sundays.
CHARGE TO THE JURY
Is Brief But Very Pointed
with Various Offenses
Clearly Defined.

/ Forming and instructlng the grand
jury featured the opening of the June
term of criminal court Tuesday with
Judge Raymond Maxwell presiding.
The grand jury was formed with
the following members. Frank Gay
lord being foreman:
Charles Lang, w. f Horror, Moses
f. Shaver, William Smith, Harry t.
Hardesty, Van b. Ogden, Ira Robin
son. a. D. chorpening, W. j. Law,
James Robinson, A. j. Watson, George
W. Williams, l.. S. Horror j. j. Dolan
and Laco L. Young.
Judge Maxwell did not have a writ
ten charge but he defined the duties
of the grand jury and explained vari-
ous offenses in clear. positive and
convincing manner in instructions
taking thirty-iive minutes to deliver.
The charge was not long but to the
point.
Attention was directed to the usual
oath administered to the foreman and
members OF the jury as sufficient with
out further instruction. The fact that
the law requires every grand Juror to
be a freeholder was pointed out as a
guarantee of substantial citizens being
drawn to serve on grand jury. The
court emphasized the dignity and duty
Of the grand jury as the laws can not
be enforced unless the people OF the
state through grand and petit jurles
uphold the hands of the public Off
GERS.
The jury was informed that its au-
thority was unlimited in the scope of
Its work, and while the prosecuting at
torney would have many witnesses,
vet If any member knew of a violation
not covered by the prosecuting attor-
ney's information, it was the duty OF
the grand jury to have witnesses sum
moned and to thoroughly investigate
the case. The jury was admonished
not TO indict persons on mere suspic-
Ion but to be satisfied in every case
that the evidence is sufficient to con-
ivict unless explained away before a
petit jury. Judge Maxwell told the
jury that 1t was as much its duty to
lprotect the innocent from unwarrant-
ed prosecution az to take steps that
would bring the guilty to justice.
Citing the statutes the state re-
CURES 10 be brought to tho notice OF
the grand jury, Judge Maxwell first
commented on the election law. He
said that if elections were not kept
free from fraud and corruption. the
foundation Of the government would
be endangered. He told the jury it
was its duty to inquire into all elec-
tons. county and municipal, and to
indict any guilty OF giving or taking
bride.
Speaking of the assessor, Judge
Maxwell instructed the jury 10 look
into the conduct Of the assessor in
the matter of improperly fixing valu-
atoms with intent, and to indict, ii 1t
found violations.
Attention was directed to the laws
protecting laboring men. the jury be-
Ing told that mines must be properly
drained and ventilated, correct
weights and measures used and no
ichiId under twelve years and no fe-
tinale OF any age shall be employed in
mines.
The jury was instructed to indict
any and all druggists found selling in
toxicatins liquors without a state IL
cense to do so.
Under the head OF criminal laws
generally, Judge Maxwell expressed
gratlficatIon over the fact that the
jury would not have to deal with
treason as there was none. Under
these classes he mentioned murder
robbery, rape, kidnapping Of children
and prize fighting as the most serious
The court stated that pugillstic en-
counters to which an admission Il
charged is prize fighting and device.
such as so-caned clubs and musical
entertainments with prize fighting
claimed to be side issue we're vain
attempts to evade the law, and the
jury should permit no person guilty
OF these encounters to escape.
Malicious and unlawful assault and
assault and battery were briefly de.
fined.
Under the head OF oftenses aralns
property. burglary, arson, larceny
embezzlement and trcspass were ex.
H planned. Special emphasis was placed
on embezzlemem as more serious ii
the opinion of the court than Larceny
az It was betrayal Of trust.
Houses OF ill-fame were deploret
/ as places OF dehauchcry and sores .,
the community where they EXIT
Judge Maxwell expressed no surpris,
H at mems being tempted 10 violence /,
rid their residential sections Of thes,
i places
Discussing the Sabbath day. lmdg,
Maxwell stated that its Observance
was not religious matter as the STAT
deemed it not only advisable but ais,
necessary to have one day Of rest Ii
seven and the statute forbids al, wor,
y on that day except household duties
H work Of necessity and Of charity
Professional baseball, he stated. is i,
n violation OF the Sabbath day statute
He emphasized his declaration tina