Democratic messenger. [volume] (Snow Hill, Md.) 1869-1973, 1914-10-31
JUDGE JONES
MAKES ANSWER
To Mr.. CdTter'S Letter and De-
CIlReS 10 Call Grand Jury in
Extraordinary Session
SNOW I'M. Md. oct =. 1914

My Dear Sir Your petition to the
Court for an extraordinary session Of
the Grand Jury to investigate alleged
election frauds N the fall Of 1919 would
receive no public notice from me except
for two considerations First, II purports
10 emanatr from thc Iaw ana order
League of Worcester County for which
organization have the highest respect
in 50 FAR as It's purpose is to secure an
impartial enforcement Of law and for
fear lest ! be misunderstood desire to
make my reply as public ~ was your
petition. second. it Is endorsed by
thirty citizens. among whom, al
though ! am not acquainted with the
most Of them. ! recognize few whom
it ha- always been pleasure to mum
bcr among my personal friends These
cndor,crs are not supposed to bc farni-
lar with Iega. procedure. and unadyi-
ed by counsel cannot be presumed to
understand the proper method Of pc
titioning the Court. and this departure
from practice by M IS due 70 my re
spcct for them.
In the future should your League de
sire TO petition the Court in any matter
would suggest that il DO 50 by advice
OF counsel through the regular channels
and If you are without counsel you
should complete your organization by
clecting one, through whom il will
always bc the pleasure of the Court 10
cooperate with you to the extent Of the
Courts power
The offence, you allcgc to have been
committed a year ago are misdemean-
ors under the law. and you recitcd in
sour petition that they were Investiga-
ted by the Grand Jury of March term
and that you attempted second in
vestigatlon at the October term With
the action Of the Grand Jury at both
terms the Court has nothing to do.
Grand Juries are law unto themselves
.lhey meet. adjourn. and are discharged
Al their own pleasure Their proceed
!ngs are secret. not even the Court
knowing what transpircs during scs-
sion unless advice be sought 10y them
or some member Of them upon matter
Of law ! am personally and officially
responsible for every name placed in
the Jury box place them there he
cause of my confidence that they will
render honest and impartial service
and am happy 70 state that during
my incumbcncy have not been disap-
pointed m my estimate of them. They
have always represented every phase
Of political and religious belief, and
from all the walks of life. except those
exempted by statute. From these
names the Grand Jury is drawn IN open
Court, and We must presume that all
matters carried before them are care
fully and diligently inquired into, and
disposed of 10y them a. they alone have
the right to do
Your letter discloscs a tardiness in
the methods pursued 10y YOU for two ses-
sions Of the Grand Jury. Its work
should be- and so far a. my knowledge
goes always is, arranged tor in advance
of the sessions. summonses for witnesses
being ISSUED far enough in advance to
secure attendance by attachment. should
they fail to attend. unless. perhaps.
some recent violation OF law should
require summonses on short notice
To reconvene the Grand Jury upon
the face of your petition. even in prop
er case under the statue. would be "A
questionable exercise of the Courts dis
cretion.
But We come now To the statute itself.
and the opinion here expressed is that
of a unanimous Court after consultation,
and no other construction has been Civ
en- il in this Circuit 50 far as We are
advised
1t was the intent Of the Legislature
in enacting this law to provide for a
speedy hearing Of criminal offences
recently committed. To delay which
might result in criminal popular upris-
ings. eliminating in lynchings or riots.
prompt investigation b ing deemed ad-
visable to allay the public excitement.
We have not known il 10 he invoked
in cases other than those of homicide.
criminal and felonious assaults.
Having failed. therefore. to allege
any offence for which the statute was
intended. and the opportunity for inves-
tigation having already been had by two
past Grand Juries. your petition must
be denied
Yours very truly.
ROBLEY ID. jones.