Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-03-02

That the orders OF tne commissioning
had been entirely ignored was apparent.
Photographs Of the negro Spratling,
taken at the time and showing his hor-
rible condition, were presented to the
court along with this Grand Jury's 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 time
were brief, only two. We desire the
public to remember them. therefore we
'HFTRsT: That Mr.. Thomas j. Dom
aldson and his influence be eliminated
from control Of the county's prison sys-
TEN.
''sECoND: That there be division
OF the two offices Of superintendent OF
new officials be appointed to these two
positions"
The investigation Of the county prison
system was careful and exhaustive and
the time devoted TO Il by the members
will bring results imperativelv needed.
II the nublic will make the demand OF
their elected representatives that the
whole inefficient system be reformed
through the faithful carrying out of the
recnrnfn sndations above repeated
III. The attention Of this Grand Jury
has been called to recent hanging
which took place under the present laws
of the state and by its properly con-
stituted officers, where the victims neck
was not broken in the fail. but death
came through stranRllation. requiring
a period of about forty minutes. SINH
lar instances are NJ public knowledge;
ri Is the belief OF this Grand Jury that
the present law recurring the forfeiture
Of the lfe of the sentenced person by
the old-tirne method Of hanging by the
neck untiI dead" Is not justified by the
more humane demands Of the present
day. In line with other States. which
have substituted for the former law re-
curing hanging, the method o. ADMIN
which reports have justified as a more
humane method Of taking life bv law,
we believe that our representatives
should see that the more humane meth
cd should be instituted in Georgia.
II Is therefore our recommendation
that this countv's representatives pre-
sent a BILL for passage in the next Leg
islature changing the present law on the
subject.
". In line with the recommendations
Of previous Grand Juries, we recon-
mend to the Counry's incoming Repre-
sentatives that they amend the law that
county officials may be placed on a sal
airy basis. instead OF receiving fees. as
Is now done.
v. We recommend occasional indie
pendent audifs by certified public ac-
countant Of the books and accounts OF
county officials. this accountant to have
no connection with any public onice or
official
VI. We find that the service imposed
on Grand Jurors IL now very burden
some. and Il becoming more SO.
Approximately nine-tenths OF the
business done by the Grand Jury grows
out OF cases committed by MAGISTRATES,
in which cases. Of course, defendants
have alreafv been given preliminary
hearing We do not believe that ordi-
narilv 1t 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. II is burdensome
IN the individual members Of the Grand
Jury to attend and hear ex parte EVIL
dence with reference to the commission
Of crimes when a magistrate has al
ready given both sides full hearing.
In the third place. 1t Is unnecessarily
burdensome on witnesses, who are first
summoned to the office Of the Solicitor
General for the purpose Of giving data
from which to draw the bills. and sec
for the purpose OF giving evidence
against the accused after they have
alresdv attended and given evidence be-
fore the committing magistrate in the
same case. (They must still appear be-
fore the trial court to testify in the
case in the event the accused is in
dicted.l
In the fourth place, the Increasing
business before the Grand Jury viii con-
Etantly require an increased force of
bailiffs 10 secure witnesses. attend the
sessions of the Grand Jury and render
needful services, entailing Increasing
eXpense.
In view OF the foregoing premises we
believe that steps should be taken by
our representatives in the Legislature to
save the county and individuals the un-
necessary 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 elaboration 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 pros
ecutions be 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
time Of the trial or the entering Of the
judgment OF the lower court committing
said defendant. 10 then and there de-
mand 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 G Newell foreman; w. d. Brady,
Charles S. Robson, W. L. Trayn-
ham, Isaac Schoen, X. X. Kelley, j.
Frank Beck, W. A. Hancock. II. S.
Collingsworth. George A. Traylor,
w 3. Summers, Fred w. Cole.
Barnes M L. Thrower, d. N. Nc
Cullough, w. T. Perkerson, George
Ware, Brooks Morgan.
Carrying out the recommendation Of
the Grand Jury, It is ordered that the
foregoing general presentment be pub
lished in The Constitution, The Journal
and Georgian and Fulton County Daily
Report
BENZ. II. 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,