The Macon news. (Macon, Ga.) 189?-1930, December 01, 1898, Page 8, Image 8

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8 I MUM CHARGE Judge Sneer’s Elaborate Ad dress to His Jurors this Morning. UTIOUt ISSUES DISCUSSED Lynch Law~The Ballot—Historical Review of the Jury System—A Wide Range of Themes. Judge Spor of the United States court today deMevered his formal and general charge :o hie jurors. There were present .n addition thofte who ordinarily assemble on such occasion.*-. Gen. Bates, Gen. Wil on and a number of other prominent men. The Judge said: “Mr. Foreman and Gentlemen of 'the Jury: “In opening’ a court in Bavaria, in 1834, u German judge used this language: ‘As often as the day again appears on w'hich jurors meet for the discharge of their im portant functions, earnest thoughts must throng upon the mind of every reflecting person -who understands how to judge of and Jay to heart 'the higher relations of tb« social union. The first impressions certainly amongst us is a feeling of joy that wo are still in possession of an in stitution which the freest nations of 'two hemispheres regard as their most precious jewel, and watch over with jealous eyes— an institution which calls on th unpre judge of his equal—which surrounds the holiest rights of man—the rights of liberty honor —with the strongest guards which human foresight could devise. The people who possess such an institution F:an(i rf 'higher than those who are still without it. A citizen, who from time to time is summoned from the round of his usual' avocations to the judgment seat, must feel himself in a high degree honor ed and elevated by the trust reposd in him. become more conscious of his worth as a man and as a citizen. He gains both in experience and intelligence - . Rightly, therefore, may a certain degree of pride mingle with a feeling of joy of which 1 have just spoken.’ It seerns to me that this deliverance of the Bavarian judge very accurately describes the emo dons which should animate us today. You have assembled 'to perform duties to so ciety which, according to well-known rec ords, have contributed to the order and happiness of the people of the English .-peaking race for live hundred and thirty years, and which were doubtless per formed substantially as they are now at <a time so remote that die 'memory of man runneth not to the contrary.’ The institution of the grand jury was trans ported to the soil of America by those in trepid men who were the forerunners of the teming population of our country. Thy know how effective it had been as a means of perserving eoelal order, in bring ing criminals to the bar of public justice and in protecting the innocent tho hand of power and oppression. While this is true no reference was made io the grand jury in the constitution of the Uni ted States, as it was originally adopted. That instrument, great and majestic as it is, was by no means satisfactory to many fervid lovers of human freedom. Through the efforts of these, on the 25ih of Septem ber, 1789, the first congress proposed to rhe legislatures of the several states ten -unndments to the constitution. These wre all ratified in a little less than two years. The fifth of these amendments provides that “No person shall be held to answer for a capital or otherwise infam ous crime unless on a presentment or in lic’ment of a grand jury, except in cases •arising in the land o-r naval forces or in the militia when in actual service in time of war or public danger.' From the adop- i tlon of this amendment, the grand jury i been that grapd inquest on behalf of the people Vrhitfh examine and hrvesiigate 'alleged violations of that Wonderful sys tem of national criminal laws, which as enforced by an independent judiciary, has guarded and fostered the great repub lic in its mafvellouis development, and which now conserves the high and I might say supreme interest of more than sev enty millions of people. A PALLADIUM OF LIBERTY. The institution of the grand jury is but a part of that, system of trial by jury which has been justly and frequently termed ‘the palladium of liberty.’ It is The jury of inquiry and. if «peed be of -ac cusation. It has been happily declared by so great a jurist a** Mr. Justice Story that the great object of trial by jury in criminal casts is to guard against a spirit of oppression and. tyranny on the part of rulers and agaimst a spirit of violence and vindictiveness on the part of the people. He argues that it is easy enough for a multitude to resist the revenge or power of a single despot, but how difficult it is, he declares, to escape from the vengeance of indignant people, stimulated to cruelty by political enmities or unmeasured jeal- Men’s Stylish Overcoats The business is at high water mark here. We never owned such quantities before. Our special buying organization chose them deftly. You'll see designs here that cannot be found elsewhere. They’were made by men who do nothing but plan and think and study about Overcoat art. The iabrics are peerless the making and trimming and pricing are watched with Eagle eyes. ' curies. The appeal for safety can under euch clM»?ums‘anoe*> scarcely be made by ' innocence in any o'her manner than by ■ the sever control of ? he courts of justice i and by the rm and impartial verdict of | the jury sworn to do right and guided solely by legal evedtn-ce and a sense of duty. This great American judge and ' writer continues, ‘But to give it real effi ciency It must be preserved in its purity and dignity and no: with a view to slight j Inconvenience or imaginary burdens b i put into the hands of those who are in capable of estimating its worth or are too in**r; or too ignorant or too imbecile to I weild i > potent armor.’ What high jus- I tlflcation is there In this language for the ’ efforts of courts where judges with proper r-onceptlon of their duty seek to ee : < ore for their assistance in the adminis tration of justice the best class of the peo- I pie to serve as jurors. That illustrious ; English jurist, Sir William Blackstone, i who. it has been happily said, ‘found the ; English law a skk’ton and clothed it with , life and beauty,’ remarks: ‘A celebrated i French writer who concludes that because Rome, Sparta and Carthage have lo't ' their liberties, therefore those of England • in time must perish, should have recol- I lected that Rome, Sparta and Carthage at • The jime when their liberties .were lost ! were strangers to the trial by jury.’ ' INFLUENCE ON NATIONAL CARATER I ’I think it is true that no feature in th I English and American systems of law, in j all fundamentals practically identical, so much as trial by jury has strongly and • permanently moulded the national char | acter. Its fairnes convinces the citizen that he, if accused, wil receive an impar tial trial and impels him to give an im partial trial to others. It cultivates inde pendence of thought in the individual and imbues each man to some degree with the charactr of a judge. It has broadened the national instinct of equity, for men who are habituated to administer justice in stinctively begin and continue to abhor injustice and fraud. The necesity with the juror of assuming responsibilities in grave trials develops the cotirage of his convictions and 'the manllne.es of his character. IL makes him unselfish, for he must necessarily concern himself with the affairs of others. It is educative for that educates the mind which calls ever for 'the exercise of its highest function's. And besides a juror observes the adminis trations of tip law. If pure and high minded himself he contributes to its pur ity and elevation, e shares the blame in th public mind of an ignorant or vnal finding and cannot escape responsibility. ! We are so familiar with jury trial that 1 we can (scarcely realize how vastly it I must influence public character. OPINIONS OF GREAT MEN. “The greatest thinkers have given cu mulative testimony as to its importance. 'Said Sir John Russell in,his work on the English Government, ‘lt is to trial by jury more than even by rapresntation that the people owe th shar thy have in the gov ernment of the country. It is to trial by jury also that ‘the government mainly owes the attachment of the people to the j laws—a consideration which ought to I make our legislators very cautious how i they take away this mode of trial by new,' 1 trifling and vexatious enactments.’ ' “Mr. Hallam, in his 'Con'tituiional Lib ' ei ty, speaks of it as ‘that primeval in stitution. the unadulterated voice of the people, \ eponsible alone to God and their conscience-, heard in the sanctuaries of justice as fountains springing fresh from ihe lap of earth.’ The brilliant, and mys terious writer of 'the Letters of Junius declared that ‘The pure and impartial ad | ministration of justice is the firmest I bond of people to government.’ Nor need I we confine our quotations to the utter ances of men of other lands. Said the immortal Webster, ‘Justice is ihe great interest of man on earth. It is the liga ment which hold civilized beings together. i Wherever her tmple stands, and so long as it is duly honored, there is a founds, lion for social security, general nappi ncss, and the improvement and progress of our race. And wlioevrr.s labors on this edifice with usefulness and distinction, whoever clears its foundations, strength ens.its pilla-ns, adorns its entablatures, or cqntributes to raise its august dome still hlghe< in the skies, connects himself in l name and fame and character with that which is and must b£ as durable as the frame of human society.’ It is impossible pei haps to compass in more majestic or truthful language, the lofty ideal of the upright judge or of ‘the duty and respon sibility of the juror who enters the tem ple of justice with the holy purpose r .O do • his duty diligently, faithfully, without fear, favor, affection, reward or the hope [ thereof. A CRUCIAL TEST. ‘‘Since it is true that jury service makes the deepest impressions upon nation char acter so the actions of jurors is the cru cial test of The civilization of a people. The findings of grand juries, the verdict of the juries cast the horoscope of a peo ple’s future. It is neither fertility of the soil, nor the redunancy of productions, nor the salubriusness of climate, nor crowded populations, nor wealth beyond the drcams of avarice, nor luxury which might fill the expectations of a Sybarite which make a state. - It is the character of the people for integrity, for sobriety,- for righteousness, for wisdom, for moder ation, and for justice., n material wealth it is possibly true that our own beloved state may for years be inferior to sec tions more favored by the developments of modrn life, or by economic conditions which exjst. While this is true it is also true that in every esential to happiness in this life and to the premise -of that biissful immortality in the life to come, which is the comfortable hone of the Christian, we may be. we can be. if we will, second to no people on earth. We have heard much in these latter days of the 'Southern Problem’ and the 'Negr Problem’ and other so-called ‘problems,’ MACON NEWS fnuKSDAY EVENING, DECEMBER 1 1898. ' the solution of which are declared by doc ', trinaires of various .and sundry kills to ' be essential to the future welfare of our ! people. My own convk-.isn u that the solution anl he ea*y and happy solu i lion of every so-called problem, the ob literation and removal of every- embarass ment which effi ts or is juppoeed to af flict be Southern people may be found in half a dozen words— he rigid, impartial. • enforcement of law. If ‘the country is ' afflicted by a venal, purchasable vote we ; have laws ample for the pun - .'’ament of 1 tch venal and the cor”upt, if they are ; only enforced. If ignorance and irres j possibility threaten the well-being of so > ciety, let us by It. vs of equal operation, 1 fairly enforced, >weep ignorance and ir : responsibility from the arena of political • nfitun mi’ it be done ’..v law and [ not by fraud or force. If brutality and i murder present their horrid forms among the homes of our.beau iful Southland, let | us net meet crime with crime, but let u.s 1 emit to the law and the officers of the I law, the duty of retribution and the task 1 of protection which society has devolved | upon them. If these fhil—if they fail in their duty—let taern feel by constitutional ! methods the pious rage of an indignant people. AGAINST LYNCH LAW. I ‘M e can never better our condition by Irani and violence in matters political. 1 V\e can never strengthen the character of our manhood, or foster the patriotic and j manly instincts of youth by throwing t : the winds those restrictions which society ; in all civilized lands has thrown around 1 the trials of persons accused of crime. One such harrowing life taking is (though to print m imperishable lines on the plas tic mind of youth a disregard for law. a disposition to bloodthirstiness which may neutralize the teachings of the pulpit and the school and transform multitudes who might become good men and useful citi i zens into furious and uncontrollable ea ages. Nor are the material injuries less t apparent. The tide of wholesale immi ; gration will pass our doors and eagerly I seek less favoring soils, less balmy climes. • Capital will .shun, our almost untouched lit sources. Our lands will become com- I paracively valueless. In this rushing age : a people cannot stand &til. We will go 1 forward or we will retrograde. And we I cannot advance if we dojiot habitually ; obey and enforce those rules of human i conduct commanding that which is right 1 and prohibiting that which is wrong. I i uould not have you belive that I fear'for toe. future of our country or for the fu tuie of our state. We have, as a people, easily and manfully taken that place among the nation# of the world which Providence intended us to 11. ADDED EMPIRES. I \\ e have but lately added to our ter- I ritory an empire in .the West and another ,in the East. I he- last enemy of our in- I stiturions, who lagged superfluous in this 1 continent, has been driven from the last i L 15011 in the new world discovered ■ by Columbus. The imagination of man 1 cannot conceive the. opulence and varl- I ety of the material treasures which hav | been laid at th feet of the American peo r E*. l1?S - v ' ‘ s^oni ou " statesmen and ; bj tnc skill and valor of our sailors and ■ soldiers. In the distant waters of the Oc i cident we now possess the marvellous 1 Philippines, which extend in all the fertil ity and variety of floral, arboreal and mineial* wealtn over a territory stretch ing as far as from the north of England to the south of Italy. AVe may possibly, if we and our kinsmen choose, exchange these wonderful acquisitions for territory nearer home and peopled by those who speak the- kindly English tongue. Our country may thus become as Franklin and the fathers designed a continental power, our ormy the continental army and cur congress tn-e co.* linentai congrer,. While ail this is irue and wh le our country .now -.,1- al-hiest and probably the strmgcK 0.1 eti'n, its cnief i.nCne? f llr present .-• im.iL («s and .’nt u-e g:va:; t ,-;s L in tac luui’i ;ej of Am'- ii pea ‘ pie. TI i U '*- -0 i LE U F GEi j R GA. Nor do I distrust the future of my ! s.cte. It is peopled with the homogene- I ous American stock. I do not doubt ; 95 per cent, of the members of your body j spring irom the loins of Revolutionary ; sires. Le*a than one per cent, of the J white ccoplc of Georgia are of other des cent. I know the sober, common sense, 1 -he &,.rong’ religious feeling, the temoe r - 1 ( ance, the sobriety, the recti.tide, tho ‘pa- 1 ' of this population. It has done I ! liS n d | Ky T wilenever and wherever duty j ALL-!. J knew from long experience its for rm law and its determination to maintain the right when the right is i made to appear, and few have had better : opportunities than I to know. I repeat 1 that we have but to rigidly am>religiously 1 enforce cur laws and all the. blessings of | life will be added unto us. As for you, ; gentlemen. I feel sure that you will wor- 1 thily imitate the example of that noble 1 jury membership, which within my own i knowledge for nearly fourteen years of ju- , dicial life, has rendered the highest and ’ niOi. conscientious services to the public i m duties such as those which you are nc -v called upen to perform. “lou may retire and begin your labors.” I Following is a 1:*: of the United States' court grand jurors: H. J. Peavy. M. -L. Shealy. Chas. H. Jackson. J. A. Barclay, John S. Huge, C. V». Leonard. Thos. H. Henderson, V,'in ship Cabani’ss. L. A. Mitchell, T. Skelton ? Jones, J. \V. McKenzie, Campbell T. King ■ Joan Hertz, J. T. Dupree. T. H. Rutland, M. zi. Roush. R. P. Wheeler, Arthur F Jones, Holmes Johnson, W. H. Virgin R. E. Sheridan. A TEXAS STEER. I Will be Seen at The Academy of Music Monday Night. A strange thing about Hoyt's “A Tejftis Steer” is the name of the principal char acter "Maverick Brander.” There are many expressions used by the cow pun chers, or cowboys, as they are called in the east, that could never be used in or among the 400 in New York and be under stood the word “brander” means the man who pn the “roundup" in the spring and fall does the branding of the cattle. The cattle all range together on government grounds. Nothing is fenced in and of course they wander everywhere, and many and many a mile. All the cattle are branded, some I. A. p., and some E. T. and others with different marks or de signs. These brands are copyrighted, and j when the roundup is called, the ranch i men find out about where the cattle are | glazing and they meet near by. Then is ; when the rough riding begins.' Fires are built and the brands are heated. The cow punchers start. They see a cow with their brand on, a calf following, in the center 01 the bunch. In they start to “cut her out. as they say in Texas, which is very dangerous. Just think of it: out of five or eight thousand cattle, this one i cow is gradually forced out and with the i calf ■ is steered or turned towards the i brander. Os course this new calf has nor ' been branded, so, after a long and hard ’ run. it is pretty well tired out, and is eosTiy roped, or lassoed, as they say in rhe west, thrown on its side, the hot iron | ap*nlied. and all is over. The rope is off i ai»d -so is the calf. The name of the char acter in the play “A Texas Eteer,” is as , we have said before, "Maverick Brander.” The word "maverick" is what they call a stray calf. When the cos punchr starts into the herd to cut our a cow the calf may get lost from its mother or it may tire out in the run, and in rhia event it goes around just as a child would that had ’lost its mother. There are»many men of I queer character that wait around, and as j soon as a s-tray calf fa maverick), can be I picked out it is branded by some of them, and many of them, who have thousands of head of cattle, go: their start just that way. Xow a “maverick brander” in Texas is a man juc; about cn a par with a sneak ihicf in the citi-s. But of ccuive the 'Ttfaverick Brander” in "A Ter.at Steer” couid never have done so bad. be i cause he is electd to congress tin the play). All congressmen are mtn of great standing and are never known to do any- ■ thing wrong. “A Texas Steer” will be i given at .be Academy of Music Monday. * December 5. • • - Notes Taken On the Run. The work of laying the brick pavement cn Third street was commenced this morning. The Consolidated line now has on a fifteen minute schedule to the eamns. - Many people visit the camps daily and several prominent citizens say that the | camp of the Seventh. Immunes is decidedly I the prettiest around the city. A new roof has been placed on the Guernsey building, which was burned several weeks ago, and the building will be ready for occupancy in a few days. Mr. P. J. Moran, of the Atlanta Con : stitution, is in the city today. He came 1 down to witness the tscenes at the polls. ■ ■■ It was reported to the police station las; night by the. provost guard that some negro citizens on oundary street had been shooting pistols and raising a disturbance. A policeman was sent to the scene, but could find no trace of the negroes. < Mr. Charles Daniels of the Atlanta ■ Journal is in the city today. 'Many people fro different sections of the state -are here 'today to witness the election. It is a noticeable fact that there have been no disturbances at the polls today. Julius Wiles & Co. were made a party to the petition for involuntary bank ruptcy in the Steinheimer case today by l Judge Speer. There are seventy patients in the di vision hospital at present. The surgeons report that all of the patients are doing well. The Macon football team will leave for Columbus in a few days to play a team in 'thait city. The meeting at the prohibition tent last i night lasted until twelve o’clock. The : tent was packed and it wais a very en ! thusiastic gathering. - The steamer City of Macon will be i brought to the city under its own steam i in a few days. The boat is at present in 1 the dry dock at (Brunswick, where she is being thoroughly overhauled. The work of laying the Belgion block on Cherry street will be finished this week. Many people are complaining on ac count of ‘the stre’t sweepers being used in th day time. It seems that th street de partment does not have time to go ovr all of th streets during the night. Weather Forecast: Partly cloudy to night and Friday; light variable windis. Music Lessons —Piano and violin in strucions at reasonable prices. Miss Nellie Reynolds, 252 Washington avenue. Lust Dog—White pointer with small yel low spots on ear and small yellow spot in j center of head. Strayed from Brown ; House yesterday. His return to hotel will | be rewarded liberally. : Drs. W. R. Holmes and Mason, dentists, i 556 Mulberry street, opposite Hotel Lanier. 1 Try a bottle of Holmes’ Mouth Wash for j preserving teeth, purifying breath, bleed- I ing gums, ulcers, sore mouth, sore throat, j e A c .-— For salG by all druggists. ’ DEATHS IN NOVEMBER A Good Showing as Compared With the Same Month of Last Year,; City Clerk Bridges Smith has made out j the mortuary report for the month of | November. It gives a total of thirty-five ' deaths for the entire month which iis a I very good showing compared with the ' same month of last year. The report is i as follows: ■ White males S; white females 6. Total 1<- ; Colored males 8; colored females 13. i Total 21. I Grand total 35. USE OF SNUFF. ! Wm. E. Curtis in Chicago Record. ; Most people suppose that the use of snuff is obselete, but the statistics pre sented by the commisksoner of internal revenue show' that there is a steady and large increase in the production and sale of that article. For example, in 1888 the ictal amount of snuff manufactured in the United States was 5,446,858 pounds, in 1897 the total was 13,768,455 pounds or a pound for every five inhabitants. The in- ■ crease in the use of snuff is larger than ' that of tobacco, cigars, cigarettes, beer, i whisky or any other of the articles which j are involved in the “bad habits” of the people. There is a falling off in The manufacture ■ of cigarettes. The total for the last fiscal year was 336.000,000 less than the previ ous year, while there was an increase of 400,000,000 cigars. The total number of cigars manufactured in the. United States ; in 1888 was 3,668.162,486; 1897, 4,431,050,- 509. The total number of cigarettes was 2,211,900,345; in 1897, 4,631.820,620. REMARKABLE RESCUE Mrs. Michael Curtain, Plainfield, 111., makes the statement, that she caught cold, which settled on her lungs; she -was treat ed for a month by her family physician, ( but grew worse. He told her she was a I hopeless victim of consumption and that no Inedicine could cure her. Her druggist suggested Dr. King’s New Discovery for ' Consumption, she bought a bottle and to her delight found herself benefitted from first dose. She continued its us*e and after , taking six bottles, found herself sound and j well; now does her own housework, and is as well as she ever was. —Free trial bot- I ties of this Great Discovery at H. J. Lamar & Sons’ Drug Store. Only 50 cents and ?1, every bottle guaranteed. READY TO LIQUIDATE. By Associated Press. New York, Dec. 2*— The Tradesmen’s National bank, which suspended business ! October 4, opened its dcors today for i liquidation. $5.00 for $3.50 ’ This is literally what the MIX SHOE CO. is giving you in Men’s Shoes The advertisement speaks the truth; it is no catch; we are selling out. Mix Shoe Co. 107 Cotton Avenue. A * I MFg hlTiMrn TODAY! * ♦ < THE MACON NEWS! *r * Gives you the news of the world and the news of Macon sixteen hours ahead of any other news paper published or received in Macon. Associated Press Dispatches From the greatest news gathering combination in the world. In these days when the whole world is on the qui vive and from every corner of the earth the -wires are full of interesting and important news affecting the interests of the whole people, the ASSOCIATED PRESS dispatches are of extraordinary interest to every one. The News Gives Them To you hot from the wires. The Merchant Should remember that THE NEWS ’ circu lation is greater in the local field than that of any other pap£r. It reaches the fireside and it is read there every evening. If you have goods to sell and want to sell them Advertise in The News. . Market Reports J In THE NEWS are furnished specially by the most reliable firms and from the Associated Press wires. They are correct and reliable and cover every feature. The Local News Service is Complete # • Advertise in THE NEWS Subscribe for THE NEWS If you want Value for Value.