Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1922-04-22
Muscogee Grand Jury.
Still Out.of Jail; Gives
It's Recommendations
ense Situation At Columbus AS Judge Munro Re-
fuses to Receive Presentments Commenting
On Court or Permit Them To Be Read

SFCiy'Douy aPpaI IeHlly leellHS pFlNll-
eyed to stand and talk at will. Thom-
IS H. Shanks, as president of the To-
cal bar association, mounted the ros-
trum, called attention to the fact that
court was in session and at his sug-
gestion that there be order, quiet was
somewhat restored
Nearly every lawyer in the city
and some 200 business and profess
sional men were present when Judge
Munro convened court.
The judge re-charged the jury, ex-
planning his position in regard to the
presentments and then the grand
jury retired, Subsequently Judge
Munroe held conference of some
length with the grand jurors in their
room The net result was that the
grand jury refused to strike from the
presentments that section to which
the Judge took exception. The judges
position was that it was not within
the jurisdiction of the grand jury to
tell how the court should be run.
Judge Munro refused to accept the
presentments when the grand jury
declined to alter them and began
signing an order. Many thought that
it wars an order committing the grand
jury to Jail for contempt Of court as
it had been reported that the entire
grand jury probably would be sent
to Jail for contempt. The document
however, was simply an order dis
charging the jury and the late jurors
and the crowd Of citizens informal
ly left the court room.
"The grand jury was dishonorably
discharged" was the street express
sion in commenting on the action of
the court
In re-charging the jury Judge
Munro dwelt at some length ON the
duties Of grand juries and the pow
ers and limitations of grand jurors.
Discretion Without Limit.
He said in part:
"Your discretion is without limit
and 1 would not dare interfere with
grand juror in the discharge of
his duty. | would not Interfere OF
attempt TO dictate to you, gentle
men, as to your discretion. The
discretion of the judge is the most
important prerogative he has to ex-
ercise under the oath he takes and no
one has a right to interfere with
that discretion
He read from the code definition
of misdemeanor punishment for
crime in defining the duties of the
jurors and in his own words defined
discretion as freedom to act ones
own judgment"
He asked, Have you a right to
question the wisdom Of my judg-
ment, my discretion? Shouldn't
be allowed to do my duty as / see
it. am addressing you now and
here, gentlemen, as a citizen. AS
the lawgiver, | instruct you that a
| juror has no right to make any sug-
gestion or to attempt to dictate as
to my discretion, Haven't my acts
from this bench demonstrated that |
, have used my discretion with wisdom
without bias as in large measure
| without error.
"We cannot afford to permit our
jurors and courts to put their ears
to the ground and listen to the vox
p0puli. 1t is not one Of your duties,
it is not required of you to inter-
fere with my discretion. As the law
giver | am the Moses and you must
take the law as | give it to you.
Il ask no quarter, there is enough
power and dynamite in me to control
my courts upon dignified plane and
! will" he declared as he proceeded
to give instances of the rapidity and
dispatch with which he has conducted
the courts over the circuit, the speed
of which he likened in one of his
characteristic remarks to that of
CREASED lightning He maintained
that he had disposed of twice as much
business within the same length of
time as some of the preceding courts.
Il am master of the situation in
the running of my court and you as
grand jurors have no right to defy
the authority of this court" he de-
clared. Continuing, he asked, ''why
all this heralding and trumpeting
through the newspapers?" As he
read the law with reference to the
l'secrecy to which grand jurors are
sworn. why did all these things get
out when you took the oath to Sc
creey?"
Judge Munro made it clear that he
had no criticism for the press, but
! maintained they have certain rights
and privileges to critize, also that
speakers had a right to criticise the
courts NUT that the Jurors are not so
"unbridled."