The Birmingham age-herald., 1913-09-02


ever they exist. No officer, whatever
his dignity or influence, has the power
to stay the hand of inquiry and accusa-
ton, which is vested by law in the grand
jury of the county If you engage in this
service with genuine patriotism, desiring
only that truth and justice shall prevail,
your consciences will repay you when
you witness your government refreshed
and strengthened by your labors. On the
contrary, If you slur over the work be-
fore you, letting things drift in old ruts
because 1t is quicker to get through that
way, or because you believe vice should
be concealed rather than exposed, you
leave the community at the mercy of
law breakers and invite official negli-
gence and corruption.
IF you find, therefore. gentlemen, that
there probably exists in this city or coun-
ty system, whereby law Is daily vio-
lated and the violator protected by Off
cial collusion, whereby under color of
periodical raids arrests are made on in
sufficient evidence, the public being lulled
into security by apparent vigilance, while
the law-breaker is secretly tipped off for
a consideration, you could do not greater
service for the people than to drive the
cold steel of publicity into the vitals of
this system
"(2) The next great power of the grand
of the criminal court, your power of in
dictment sets the machinery in motion,
for this court can only acquire jurisdic-
tion of capital and felony cases through
indictments found by the grand jury. An
indictment is written accusation or
complaint presented by a grand jury,
charging a person or persons with some
violation of the criminal law. 1t requires
the agreement of 12 of your number be-
fore an indictment can be found; and
when 12 of your number thus agree upon
an Indictment the charge must be re-
duced to writing, and your foreman must
indorse thereon the words, "a True Bill
and this must be signed by the foreman,
and as soon as practicable, returned into
open court to one of the judges of this
court. Your jurisdiction extends over
every person in Jefferson county and
over every offense against the criminal
law committed in this county.
How Offenses Are Divided
"Offenses against the criminal law are
divided into felonies and misdemeanors.
A felony is an offense against the law,
which Is punishable by Imprisonment in
the penitentiary or by death. A misde-
meanor Is an offense against the law,
which is punishable by fine or by impris-
onment in the county jail or hard labor
for the county, one or both. If IL Of your
vidual has committed felony. the law
| requires you you to indict, leaving no
discretion with you, If the evidence IL
sufficient. On the contrary, the general
rule for misdemeanor cases is that how
ever. in misdemeanor case, some person
appears and undertakes the prosecution
the law then requires you to find an in
dictment, IL there is sufficient evidence
before you, In which case the prosecutor
! name must be indorsed up,n the indict-
| ment by your foreman. Also in certain
misdemeanor cases, which the law re.
quires me TO give you in special charge
| you have no discretion but to indict, If l:
of your number agree that such misde
meanor has been committed in thil
county.
THE grand jury is secret body; al
! your deliberations are behind CLOSED
doors, and your proceedings are strictly
| guarded from the public. Both Jurors and
witnesses are sworn not to reveal wha'
| case is being considered, what evidence
| is being taken or what discussions were
had In your private council. Severe pen
| alties are imposed for each infraction OF
| this rule. Likewise, heavy punishment Is
provided for any Judge. solicitor, clerk
grand juror or other officer Of the court
who discloses the fact that an fndict-
| ment has been found before the defend.
ant has been arrested or has given bond
for his appearance. You can readily see
why this rule must be observed, for IN
discreet talk by grand jurors, officers OF
witnesses would supply an opportunity
for criminals to escape arrest. or to In
timidate witnesses. or to destroy evi.
dence. II this rule Is not strictly OBJ
served. miscarriage of justice is sure
to follow. Even after your service az
grand jurors Is ended. details of what has
occurred in the grand jury room should
not be revealed. unless you are required
to do SO by order Of court in certain
cases provided by law. Let me enjoin
upon you the utmost discretion In this
regard.
Have All Necessary Power
You have all necessary power to Sc
cure the attendance OF witnesses, as pro-
vided In sections 1894. 1896 and 7296 OF the
code. You can receive no other evidence
than Is given by witnesses before you. OF
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