Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1921-02-11
An Unvorthy Grand Jury.


AS perfect as is our criminal judicial
system theoretically, it often falls
down in sections; but thanks to the
high standard of manhood in South
Carolina, it seldom falls down in all its
departments at the same time.
In the constitution Of the state, there
is O. wise guarantee Of civil liberty,
coming down from the magma charta,
which provides that no man shall be
put in jeopardy of life or person be-
fore the law, without first having been
presented by grand jury.
The simple meaning of this is that
the petit jury cannot take jurisdiction
until the grand jury has said that there
is possible guilt. 1t is not for the
grand jury to try any man or to say
whether he is guilty as charged; but
only to say that it Is possible that he
is guilty.
II it were not for the grand jury, it
would be more easily possible to rail-
road an innocent man before corrupt,
prejudiced and packed petit jury and
convict him regardless.
The power of grand jury is almost
without limit SO far as the same is
necessary to develop information.
There is no man, woman or child be-
yond. it's reach. If Il mans presence Is
needed in any inquiry Of whatever ma
ture. the grand jury has only to send
| for him and he must come unless he Is
able to- resist the combined power OF
the commonwealth, and behind that
the nation.
The only check on the grand jury is
his oath. He swears NOT to be In
Aucnccd by fear favor, reward, or hope
of reward. He swears to be just to
high, low, rich and poor, and in every
case that is presented for his consider
alton he is as much on trial us is the
accused.
In Anderson, last September two
young men, j. S. Fowler, Jr, and Ru-
pert Miles drove five thousand dollar
automobile belonging to Fowler into
freight train, got themselves badly in
! jurCd and smashed the car. Policemen
who were summoned to the scene
| found in the car u gallon of corn
whisky contained in two half gallon
fruit cans, the find being witnessed by
other reputable citizens besides the
| policemen.
There grew out of the circumstance
an indictment against the two men
charging them with transporting. Be-
cause OF the prominence of the family
Of the young man owning the car,
| there was Il lot of talk and much
speculation as to further developments.
The grand jury, in the face Of all the
facts, returned the indictment us no
bill" That made more talk. for there
was no question Of evidence sufficient
to establish presumption Of guilt, and
why should. the laws Of the land be
suspended because Of the wealth or
social position Of the offenders.
The matter came up again last Tues
day, Judge Seasc presiding. 1t is
very unusual thing for Il solicitor to
give out a bill a second time after 1t
has been turned down once. Theoreti-
cally Solicitor Harris had discharged
his duty and there was no further re-
sponsibility on him; but he knew that
the mo bill" was = lie and lie would
not stand for any such perjury, so he
presented the charges again. Again
the grand jury said mo bill"
According TO all precedent this was
the end of the matter; but here Judge
Scase took hand. He called the grand
! jury into open court, administered
anew the oath to the foreman and then
to the other jurors, laying particular
stress upon their obligation to dis
charge their duty without fear or
| favor, and without reward Hr hope or
reward. Then he called the witnesses,
sworc them, examined them, and made
out a case that would warrant ver-
dict OF guilty from IL petit jury and
sent the jurors back into their room
The jurors wranglcd for quite ii
while this time and finally returned IL
| third time with mo bill' written across
the Indictment.
At the end Of his row, Judge Sease
told the solicitor to take the bill back
land present it to some other grand
Jury Il year from HOW, OF at some other
date.
There is very little occasion for COM
meat on the story. 1t is obvious That
no matter how perfect the judicial ma
chinery of the State may bc theoietlcal-
~, unless The men who are necessary
for it's administration have regard Tor
their oaths, it is worse than useless.