Atlanta Georgian., 1914-02-28

That the orders of the Commissioner
bad been entirely ignored was anperent.
Photogra phs Of the negro Spratling,
taken at the time and showing his hor-
rible condition. were p~esented TO the
court. along with this Grand Jury last
Recommendation on the specific subject
Of the county's prison system and these
are open to the public's inspection.
Our recommendations at the. tiwe
were brief. only two. We desire the
public to remember them, therefore we
renSat them,
FIRST: That Mr.. Thomas T. Don
aldson and his influence be eliminated
"SFCOND: That there he a division
of the two offices of superintendent OF
public works and warden and that two
new officials be appointed to these two
positions.
The investigation Of the county prison
system wps careful and exhaustive and
tho tine devoted to II nv tho members
will brirg resrlts impera tive'v needed.
If the nuhlic will make the der'and Of
their elec+~d representatives that the
whole ipeff'c'ent system be reformed
through the faithful CARRYING aiit OF the
reeornfrr @nda tiorS above repeated
III The sftertion of this Grand .l"-v
has been called to recent hanging
which took place under the nresant laws
Of the Stete and by its n~onar'v con-
stitlited officers, where the victim's neck
was not broten in the fall. but death
came through strape1lation. requiring
lar instances are cf public knowledge.
II is the belief OF this Grand J1rv that
the nresent law recurring, the forfeiture
of the life of tha sentenced person nv
tbe oId-ti,1e method of thar eirg bv the
neck lsntil dead" is not justified hv th"
more hup'ane demands OF the present
dav In line with other States. winch
have substituted for the FORMER law re-
nuiring hanging, the nethod Of adnlin-
isterinp death through electrocution.
which REPORTS have justified as rnnre
human, method OF taking llfe ny isw.
we believe that our representatl~9s
sho,,ld 500 that the more humane meth
cd should be instituted in Georgia.
II is therefore our recommendation
that this cnnnty's representatives nre-
sept a bill for passage in the next Leg
islature changing the present law on the
subject
". In line with the recommendations
of previops Grand .lu-'es. we recon-
mend to the Coun1y's incoming Renre-
sentatiVee that they amerd the law that
county officials may be placed on sal
ary basis. instead of receiving fees, as
is row done.
V. we recommend occasional iude-
pendent audits bv q certified public ac-
countant of the books and accounts of
county officials. this accountant to have
no connection with any public office or
official
VI We find that the service imposed
on Grand Jurors is now very burden
some and Ia becoming more so.
0proxinately nineteuths of the
business done by t1'e Grand Jury grows
out of cases committed by magistrates.
in which eases. of course. defendants
have ALREADY heen given a preliminary
hearing We do not believe that ors'i
pariIv it serves any good purpose for
the Grand Jury then merely to have an
ex parte hearing.
In the first place. ii is unnecessarily
extensive to the county.
In the second place. it is burden some
on the individual members of the Grand
Y.
dence with reference to the commission
of crimes when a magistrate has al
ready given both sides p full hearing.
In the third place. it is unnecessarilv
blr1ensonne on witnesses. who are first
summoned to the office of the Solicitor
General for the purpose of giving data
from which tn draw the bills. and sec
ond. to attend before tAe Grand Jury
against the accused. after thev have
already attended and given evidence he
fore the committing magistrate in the
same ease. CThey must stiIl appear he
fore the trial court to testify in the
case in the event the accused is in
dicted.>
In the fourth place. the increasing
business before the Grand Jury will con-
stantlv require an increased force of
bailiffs TO secure witnesses, attend the
sessions of the Grand Jury and render
needful services, entailing Increasing
expense.
In view Of the fore going premises. we
believe ths+ staps should be taken nv
our renresenta tives in the Legislature to
save the county and individuals the un-
necessarv EXPENSE suggested above. and
TO the Grand Jurors and witnesses the
unnecessary burden in loss OF time and
Inconvenience occasioned by repeated
hearings IN the same case
After deliberation we recommend to
the consideration of the representatives
this plan: namely. that the Solicitor
General be empowered TO summons and
examine witnesses in all cases where the
defendants have been previously commit
ted, for the purpose of obtaining data
upon which to prosecute and that nros-
ecutions he had upon accusations where
the defendants have been previously
committed after lawful hearing as now
provided; provided. however that the
defendants may have the right at the
tin>e of the trial or the entering Of the
judgment of the lower court committing
said defendant, to then and there de-
fnand in writing an Investigation by the
Grand Jury, which said written demand
shall be transmitted by the magistrate
in the usual course prescribed in ref
erence to the transmitting of papers
relative to the trial
1t is not contemplated by the fore
going suggestions that there shall be
any change with reference to the law
of special presentments..
Respectfully submitted.
Alfred c Newell. foreman: W. D. Brady,
Charles S. Robson, w. l.. Trsyn
ham. Isaac schoen, X. X. Kelley, J.
Frank Beck, w. A. Hancock Fl s
Collingsworth. George A. Traylor,
w. r. Summers, Fred w. Cole.
Henry p. Scales. ]. T. Jones, G. F.
Barnwell. W. w Morgan J. J.
Barnes. NJ. L. Thrower. D. n. Nc
Cullough, W. r. Perkerson. George
Ware. Brooks Morgan.
Carrying out the recommendation of
the Grand Jury, it is ordered that the
foregoing general presentment be pub
lisIled in The Constitution, The Journal
and Georgian and Fulton County Daily
Report.
BENZ. Fl. HILL Judge.
February 81. 1914.
STATE OF GEoRGIA--County Of Full
ton.
I. Arnold Broyles Clerk Of the Supe-
rior Court of Fulton County, Georgia.
do hereby certify that the within And
foregoing is a true and correct copy of
the general presentments of the Grand
Jury for the January term, 1914, and
order of court.
Witness my hand and the seal Of court
this the 27th day of February. 1914
ARNOLD BROYLES,