The Wilmington morning star., 1940-01-16
FRIZZELLE LISTS
DUTIES OF JURY
CONTINUED From Page One)

grand jury" he told the body, and
added, "It is your sworn duty to
do all in your power to assure that
all the rights and privileges pro-.
vided under the law r made avail.
able to every citizen of this county,"
Judge Frizzelle commented that
since his last visit here five years
ago, it was apparent that the crime
situation in New Hanover county
has been somewhat improved.
"At that time" he said, Eat every
term the courtroom was crowded
with people interested in the cases
to be heard.
"Now," he said, "the room is rela.
lively empty. The situation must
have been improved"
Continuing in regard to the duties
Of the grand jury. he said, 1T is
impossible for any law to be con-
tinuously and consistently violated
without coming evident to at least
n member Of your group. It then
becomes your duty to bring that
violation to the attention Of the
grand jury itself and request that
the law assert itself.
ut is not your function to de.
eide upon the guilt or innocence of
an accused person-your duty lies
in determining if probable cause
exists-and then your duty lies in
returning a true bill and bringing
the accused person to trial"
The Judge spoke at length regard
ing the various obnoxious, danger
Gus, unlawful and unwholesome in.
fluences that sometimes arise in the
county" and asked that the body
make "a diligent, earnest, sincere
and determined effort to remedy
those situations"
He mentioned in particular drunk
en- driving, operation of slot ma,
chimes, and the immoral conditions
to be found In many ~roadhouses and
filling stations in outlying sec.
tons. 1T hope you will make a tho.
rough investigation of these places"
the judge said.
The new members # the grand
jury are as follows:
H. W. Wells, assistant foreman,
E. n. Delano, j. H. Davis, A. Y.
Baldwin, J. C. McEachern, D. S.
CIR, W. G. Hatch, Jr., H. Lacy
Hunt, and W. E. Starnes.
Those members carried over from
the previous jury are as follows:
Sidney G. Mcmillan, foreman, L.
E. Ussery, A. H. Dizor, W. c.
Rivenbark, L. B. stevenson, e. W.
Clemmons, G.. T. Armstrong, Tho
mas B. Dixon and J. H. Womble.
Principal among the approximate.
ly SO cases to be tried during the
term is that of Simon (Coochie)
Gibson, negro, charged with crimi'
nal assault. He was convicted at a
previous trial but was granted a
new trial upon his appeal to the
supreme court.
Solicitor Sinclair said yesterday
morning he intends to try the negro
on the same charge and will hold the
other cases, consisting Of first de.
gree burglary, assault, robbery Of
box cars, larceny apd receiving and
assault, open until completion Of
the trial on the rape count.
At yesterday afternoons session.
a large number of minor cases were
disposed of.
Alexander Boone was sentenced to
serve thirty days on the state high.
ways in default of costs. He was
charged with being drunk.
Nine other cases were continued
concerning violations of the state
laws regarding business establish
ment licenses due to the fact they
are now pending in the supreme
court.
Albert Butler Woodell was granted
a divorce from Alvie Lee Woodell.
Edmund McLaurin vas granted q
divorce from Evelyn McLaurin.
Reuben McAllister, charged with
operating an automobile under the
influence Of intoxicants. was found
not guilty.
E. W. Coleman, charged with aid
ing and abetting in the sale of non
tax paid whiskey, pleaded guilty to
the charge, but upon hearing the
evidence, the court directed a YER
dict of not guilty.
Judgment in the case Of Pete Por-
ter, who was found guilty on a
charge Of operating an automoplle
while intoxicated and driving with
out a license, was continued until
this afternoon at 2:30 o'clock.
Margaret Graham, found guilty OF
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