The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1912-09-15

The general efficiency Of our grand
jury method Of presenting and indict-
ing violations of our laws has been
touched upon IN previous article.
1t would not be practical at this time
to give g. history Of the birth of the
grand jury further than to say that
it's advent was brought about az a re-
suit of the inhuman methods used by
the worst tyrants of England to sub
ject their subjects to the divine right
tice swung too far to the side Of the
criminal
AS In all known sciences, there has
been a growing demand for change
in our clumsy system Of court pro-
cedure. This is desired so that the
wiI1ful law breaker may not go un-
molested nor lie In jail at an unneces-
sary expense to the state and county.
The laymen have become SO accus-
toned to our ancient system that it
is generally believed. without mature
thought, that there Is no relief. No
one wao believes In strong and thor
ough method of enforcing the law
would insist that the grand jury should
be dispensed with altogether in In
vestigating the graver offenses for
which capital punishment Is provided.
or that 1t should be restricted only
to the grayer offenses in a case where
the proper prosecuting officer fails to
perform his duty. Under our present
constitution and statutes the grand
jury has authority, even in counties
having the criminal or county court
to indict and present any criminal Of
Tense, if the county solicitor for any
reason has neglected to do SO. This
should remain as 1t is.
II the expenses of investigating Of
lenses by the grand jury method had
TO be paid by public subscription or by
the individual citizen or by any other
method than by taxation, 1t would long
have been a matter of ancient history.
MUCH UNNECESSARY COST.
Most of the cases investigated by the
grand jury are those bound over by
justices Of the peace, and often, be-
cause of inexperience, 1t is done at
much unnecessary cost to the county.
Then there is a temptation to cause
unnecessary fees to enter into the bill
presented to the county commissioners,
for the Justice of the peace generally
understands that his costs will be
small unless he recognizes many wit
nesses for appearance before, the grand
jury Most men of the indolent class
like to attend circuit court, or any
court, and they, therefore. often pre-
tend to know something about every
casa, and it is usually found that a
good per cent Of such witnesses can
give only hearsay matter that no jury
IT'S I. H.
often found well filled with the pro-
fessional witnesses on the opening
morning of court and he usually draws
his three to four days per diem and
mileage before he leaves and the
county is no wiser but poorer therefor.
Let US examine ID our grand jury
method of indicting and (2o that
method used by the solicitor of the
criminal court-both have the same
status in law Q) In a case of grand
larceny, wherein a man stole watch
Of thirty dollars value, presented and
tried by the circuit court in the usual
way, the total expense of the commit
ment trial conducted by the justice of
the peace was $16.S0-the per diem of
eleven witnesses recognized for ap-
pearance before the grand jury includ-
ing mileage ETC., was $17.10-the in
dictment was found based on the tes-
timony Of only six of the witnesses, the
others knew nothing but hearsay. The
circuit court adjourned without reach
ing this case on the docket; therefore,
the witnesses must be paid for another
trip. The accused had been in jail four
months for the grand jury
to convene-at a cost to the county Of
$500, and, being a suspicious char
acter, he could not make bond for his
appearance at next term, he had to
stay in jail six more months waiting
for the fall term of the court, at a
cost to the county of $500. The case
was set for trial but not reached on
the docket till three days later, the
court being busy with civil matters.
The accused at last goes to trial, which
cost $3.50. His case has cost the
county, not including tae per diem and
mileage OF the grand and petit jury,
$2s460.
CD Now let MS assume that the same
offense was investigated and prose-
cuted through the machinery provided
by the criminal court. The watch was
stolen on Monday night, the sheriff
was notified and the accused was ar
rested on Tuesday in an adjoining
county and the watch was found on
his person for he had not had time to
get to town to sell or hide it. On We'd
nesday the sheriff and the person from
whom the watch was stolen appeared
under oath before the county solicitor
lit is not necessary to go before a
Justice of the peace who Immediately
files an information in the criminal
court. The accused having been caught
fresh on the job naturally decides that
1t would be useless to wait a few days
for the court to convened cit convenes
every sixty days. for trial He could