The Birmingham age-herald., 1922-05-25
GRAND JURY HEARS
 SPECIAL CHARGE IN
 BOWLING FLOGGING
Judge Fort in Lengthy Charge Orders Whipping Case For Investigation Over All
 Other Matters

z gave a special charge that all other matters be set aside and complstt investigation be made of the atro. cious outrage committed upon pr J. D. Bowling, city and county health officer, who was kidnapped from his home last week and flogged by a band of night riders.
 Pointing out that the very reason why courts were established was tc do away with prlvate vengeance Judge Fort charged the jury not to hesitate to level the arm of accusa- tion promptly at those believed to be guilty of this serious offense. Judge Fort also instructed the jury to investigate other reports of whip. pings and floggings in the county in the last few months.
 Special Charge
 His special charge in part Is as follows:
 Whenever any citizen, high or low CT any public official in the discharge of his duty, is thus decoyed or taken from his home, in the night time. and subjected to unlawful and cruel per scnal mistreatment, it seems that al the agencies of government should concentrate their forces in order tc see to it that the persons guilty ei this outrage may be brought to jus tice. I think you may depend upon the cooperation of all good citizens ir your investigation into this mat. ter. I believe that no man, unless he be an enemy to law and to order will countenance or support any band of men in thus destroying the confi- dence of the people in the courts and the due administration of justice.
 Attack on Civilization Nothing could be a more severe attack upon our institutions than tc attempt to wreak private vengeance or to inflict punishment without 8 trial is had in open court upon the evidence there submitted. The very reason for the establishment of courts was that private vengeance might be done away with, that every man whi is accused of wrongdoing may have an opportunity to be investigated ly public and impartial tribunals, his case determined under the law and the Constitution, and such punish ment meted out as may be deemed just and wise in the face of an en- frightened public opinion.
 Such undermines Confidence
 If such attacks are countenanced in this great county, it undermines the confidence of the people in the government; it strikes at the very foundation of liberty and civilization Therefore, I request, gentlemen, as one of your officials, in the name of the public, whose laws have thus been trampled upon, and whose sense of justice has been outraged, that you use your best efforts to find out the guilty parties and to bring them to justice.
 Invokes Calmness
 Observe, however. this caution: de not permit an excited state of public opinion to take away from you the orderly, just and careful hearing of all evidence before action is taken As old David Crockett said. years ago, Be sure you are right, then SC ahead
 Do Not Hesitate
 eff you find from the evidence that any man, high or low, took part 1T this and other floggings and beat ings in this county against the peace and the dignity of this great state do not hesitate to level the arm ol accusation promptly at those you be- lieve to be guilty of this serious of- fense; because you represent pe-
 
 ple you are brought here from diff ferent parts of the county. that you may give your best patriotic service for the public good; that you may represent the highest sense of jus tice of our people; that you may, al whatever sacrifice, dearlessly pre- sent all indictments or other aceusa- tions for violations of the law tha, may come to your knoweldge, with out fear and without favor.
 Must Punish Guilty
 Our country will not long sur vive, if private vengeance is ire quently wrecked without punishmen, in our midst. Whenever you under mine the confidence of the people in the courts, composed as they arc of the average citizens, who lays the foundation of truth and of the judges and solicitors to see that. under the law, punishment shall be inflicted for all offenses against the law and those who represent the accused ir court of justice. tp present the other side fairly and ully, then, my friends, we have lost something that we cannot soon regain-we have lost the confidence of the public in. the orderly, peaceable, open administra. ton of the law.
 T trust that you gentlemen Will ts ke the assistance that may be ten dered you from all interested citizens call upon all official and unofficial sources of information, cooperate with them. give them audience, hel1 to ferret out these various offenses even at the expense of other pressing duties.
 "So, I bespeak, gentlemen, your earnest and immediate attention Lc these matters; that you set aside other duties for the time, that you give yourselves up completely to ob- tain all information that lies within your power, or the power of this county. fer you have the right to call upon all sources of information; you can summon any citizen; you can re- quire attendance from all who have information. and the whole power oi the county is behind you in obtain ins evidence.
 The case may be difficult, but nothing is too difficult for the united fail to be accomplished, if the public will is honestly and fearlessly ex- pressed through judicial tribunals and I believe that you gentlemen are patriots enough, fearless enough honest enough. to do your part. ir order that our community may have the proper parties brought to the lar of justice and there tried in ac- cordance with the law, and. if found guilty, l think you may be sure th.s' proper punishment will be metcd out"