The Republican. [volume] (Oakland, Md.) 1877-current, 1941-09-11
JUDGE Hustler DELIVERS
CHARGE TO GRAND JURORS
Investigating Body Convened on
Monday; Court Calls Attention
To Statutes of State

body were sworn and following the
charge the jurors retired to the grand
jury room where they began their de-
alterations. They were placed in charge
of George D. White, bailiff for many
years, who recently passed his ninety
second birthday anniversary.
Judge Hustler called attention to a
number of State statutes and pointed
out that no unusal conditions had oc-
CURED in the county since the pre-
vious term of court. The State stat
utes are required by law to be
brought to the attention of the grand
jurors before they begin their inves-
LEGATIONS. D. E. Ofutt, Oakland, is
foreman Of the grand jury.
Petit jurors will not be called until
September 22nd, when the criminal
docket will be taken up.
The Courts charge to the Grand
Jury in full follows:
Gentlemen of the Grand jury
You have been selected as the Grand
Jurors for the September, 1941, Term
of Court for Garrett County, and it is
customary for the Court to instruct
the Grand Jury, in a general way, of
the duties which they are about to
undertake and perform. | shall con-
fine myself to a general statement of
the things you are expected to do,
and to those statutes, which we are
required by law, at each term, to
bring to the Grand Jury's attention.
Grand Juries are an ancient and
important institution, and the strict
performance Of their duties constitutes
one OF the safeguards of the public
in the preservation and peace of the
community and the safety and secur-
ity of the individual. In. the further
ance of justice your Investigations
and deliberations should be conducted
in secrecy. You are sworn to keep Sc
cret the States, your fellows and
your own counsel. This language has
reference to all things which trans
pire in the Grand Jury room, and the
principle underlying this injunction
OF secrecy extends to all persons re-
CURED by law to be present before the
Grand Jury. This policy is to inspire
your body, as a whole, with conf
dence of security in the discharge of
your responsible duties so that you
may deliberate and decide without
apprehension of any detriment from
an accused or any other person; to
secure the utmost freedom of disclos-
ure of alleged crimes and offenses
by enforcement officers; to conceal the
fact that an indictment is found
against party, in order to avoid the
danger that he may escape and elude
arrest.
You are an investigating body and
the major portion of your time will
be taken up in investigation of such
cases as have already been dealt with
by the enforcement officers of the coun-
ty against persons who have been
charged with violations of the Grim
NAL laws and are already either in
jail or held by bail to await your ac-
ton, all of which will be brought to
your attention by the States Attor-
ney. 1t will be your business to hear
the witnesses who will be produced
before you, and if there is reasonable
evidence of the guilt of the accused,
to indict, their guilt or innocence to be
later determined by the petit jury or
by the Court, as those indicted may
elect. In addition to the cases already
prepared for submission to you, it is
your duty to investigate any other Of
lenses which may be brought to your
attention, or any of which you or any
Of you have personal knowledge, and
summon such witnesses before you as
you may think necessary.
There are certain statutes which we
are obliged by the Legislature from
term to term to bring to the attention
of the Grand Jury:
Section 4 of Article 27 of the Code
requires "* IL s. the Judges of the
several Circuit Courts of this State
j j Il to give (Section 3 in charge of
their respective Courts, at each term
of said Court" Section pertains
to the crime of abortion and the ad-
vertisement, advice or information
Of any remedy designed or represented
to affect the crime.
We are required by Section 70 of
Article q to charge the Grand Jury
with respect to the provisions of a
statute which reads as follows: of
any clerk, register of wills, sheriff, |
collector of taxes, notary public, or
other officer, whose duty it is to collect
revenue due the State of Maryland or
any county thereof, shall, after the
receipt of the said revenue by him, |
Wilfully detain the same in his pos
session and neglect to pay the same
into the Treasury of the State or to
the County Commissioners, or the /
proper officer authorized to receive
the same, for more than sixty days
after the day upon which it is made by
law his duty to pay the same, or if |
no particular day be appointed by law
for said payment, and such officer
shall detain any revenue due to the /
State OF to any county thereof, and |.
which it is his duty to collect, and
which he shall have collected and shall .
neglect to pay the same into the
Treasury of this State, or to the Coun-
ty Commissioners, or the proper Of
ficer authorized to receive the same, /
for the space of six months after he /.
shall have collected the same, said Off |.
Ger so offending in eiter case shall be
deemed to be defaulter and upon
indictment and conviction thereof
shall, in addition to any other pen
alties already provided by law, be
for each offense imprisoned in the
State Penitentiary not less than one
year nor more than five years, unless
the amount for which he is a defaul-
ter be sooner paid 81 '' i and it is
your duty-and an important one
to see that these provisions Of the law
are obeyed.
Section 286 of Article 27 makes it