The Republican. [volume] (Oakland, Md.) 1877-current, 1944-09-14
JUDGE CAPPER DELIVERS
CHARGE TO GRAND JURORS
Instructs Group They do Investi-
CATION Work and do Not Decide
Guilt or Innocence of Persons


tember Term of the Garrett County
Circuit court got under way. 1t was
his first official appearance here in
a regular term of court following his
appointment by Governor O'Conor to
succeed Chief Judge D. Lindlcy Sloan
retired.
Judge Cappcr, besides calling at
tcntion to a number of statutes re-
quired by law, explained the distnc-
ton between grand jurors and petit
Jurors and cautioned them to use
extreme care in sitting the evidence
presented and in finding indictments.
The full charge by Judge Cappcr
follows:
Gentlemen of the Grand Jury:
You have been selected in the form
provided by law as the Grand Jurors
for Garrett County during this term
of Court and it is our duty to briefly
instruct you as to your duties.
You, of course, fully understand the
distinction between yourselves as
Grand Jurors and the Petit Jury of
this Court. You have nothing to do
with the trial of cases in Court either
civil or criminal. You have only to
do with the investigation of criminal
cases and bringing prcscntmentS and
indictments as arc required, together
with such other routine duties and
other matters which will hereafter be
called to your attention. The usual
cases which will be brought before
you are those called to your attention
by the Court. those submitted to you
by the States Attorney and COM
mitted to YOU by the Trial Magis-
trate OF this county, including such
violations of law as may come to your
attention in the course of your IN
veStigation and all other cases which
come before you or which may arise
through the observation of Some of
your members. You do not decide
upon the guilt or innocence of an ac-
cused person, although it is the belief
of some people that an Indictment by
a grand jury is substantially cqui
valent to conviction. This is entirely
erroneous and it should not be under
stood in this or in any other Court
Ildt DtCduSt pei SbIlS may Dt IIlNiOltN
by this body they are therefore guilty.
You only hear one side of the case
and that is presented to YOU by the
States Attorney and it is your sole
province to vote for indictments at
your own free will outside of the pres
ence of the States Attorney after
hearing and impartially considering
all of the evidence presented.
While it is your duty to indict when
you are honestly convinced there has
been violation of the law, it is Just
as much your duty to dismiss the case
if YOU believe the testimony is frivo-
lous, false or malicious and that there
is no substantial charge against the
accused. You must always remember
that an indictment against any indi-
vidual places him in prccarious
position before the public and it is
impossible for him to escape certain
amount of disgrace by reason of the
Indictment even though he should be
acquitted. You must therefore be in
dependent in all of your actions and
not be influenced by anything you
may hear about the case excepting
what reaches your cars from the
sworn testimony before you. If any
attempt should be made by any one
to intimidatc or influence YOU in the
performance of your duties you should
Immediately bring such facts to the
attention of the States Attorney and
this Court
You are, of course, bound to keep
all matters which come before you
absolutely secret and this means YOU
should not communicate the same or
discuss the same with any ono outside
of your own body, not even with mem
bers of your own family. You need not,
of course, confinC your activities to
matters alone brought before you as
above indicated, you have full power
to inquire upon your own initiative
into any public abuses that may exist
in your county and for this purpose
you have the power to bring before
you public officials or private citi-
zens and obtain evidence in regard
to same.
The duties of the Grand Jury arc
most important in the administration
of criminal law and the method of
Investigating crimes by Grand Jury
dates back to very ancient times.
The oath which has been admins
tered to you by your Clerk will serve
as an excellent guide in the pcrfor-
nance of your duties and il would be
well for YOU to obtain copy of the
same and become familiar with it.
BY Article 81 Section % of the An
notated Code of Maryland the Grand
Jury is required to visit the jail and
to inquire into its condition and YOU
should carefully investigate the same
and ascertain the condition IN which it
is kept, treatment of prisoners, food
conditions, etc. and report the same to
this Court.
1t is also within your province to
inspect the Court House and it would
be well to do so and report its con-
dition, together with such rccommcn-
dations as you may make for repairs
and improvements of both court house
and Jail. In this connection. the Court
has observed, and it has frequently
been commented upon, that the acous-
tics in the court room arc bad. If
anything can he done at reasonable
expense to make hearing conditions
better. this is worthy of your con-
Sideration.
The law does not require the court
to especially instruct the Grand Jury
as to statutes prohibiting the carrying
of concealed weapons. hut as il has
heretofore been done. J instruct you
that the carrying of concealed
weapons is one of the main causes of
crime. It is serious offCnSe and
heavy penalties of fines and imprison-
ment are imposed by law for its VIC
lot If finI Cilp1 NrInl