Newspaper Page Text
4
I
j
and Appeal.
e-
BY STANFORD & COOPER.
“Independent in Ail Things—Neutral in Nothing:”
TERMS $1.50 IN ADVANCE-
VOL. V.
CUTHBERT, GA., THURSDAY, JUNE 25, 1885.
NO. 20
CAUCER
Chapel Hill. T>or<;L.\*Coi vrv.
^cptejuln'r 1st. 1*7». )
(fentlpineu—This is to tcrtily that I
have lK*ei» cured of cancer on fny in»<e «,1
eijclit years’ standing, from the use of on
ly one small))* )ttlc <>t Dr. Hayelwoo.J’s
ITTvat cancer remedy, star rurinc. wliieh
I ptirdias^l from my old friend. Mr.
C|mip ( your agent for* Dougin* coimry.
in August, and ! am now entirely well -
this the first of November, 1ST!*. You
ran use my name in reeommendinj; this
great remedy, to the |*uh!ie if \>m wish,
as I think it the greatest remedy for far
cers iiuthc world. Yours truly*
MR£. It. WILLIAMS.
FARMERS,
ENI> for large lllu-trated t'atalogne I
of tlie Di-:Loach Water WbccL. for- |
table Mills. Mill iStones, and all kind of
MTD
Atlanta Ga., Jtine 30,1879.
Gentlemen—1 wish to say to yon that I
havelwen suffering with a sore leg for
several years, and I have had several
doctors to practice on it without sueeess.
They all said it would have to la* ampu
tated. blit I eould not stand that. 1 saw
ywnr advertisement in the papers, and
concluded to try your star ('urine. 1
have been using it for siv weeks, and am
notv entirely well. You can use my
name in any way you see lit in reeoni-
jnending your great remedy. I know it
will cure any kind of ehroiih- sores, by
exj»erience. I wish you success, gentle
men. Thanking you for the medicine
you saved my life with. I am
Yours very respectfully.
DEtriE KKEKMAN.
CATARRH
Atlanta, Ga., June 30, 1S79.
Gentlemen—You can use my name iii
recommending Dr. llaveltvod* ^tar t-u-
rine for Cancer. It has cured me of Can
cer of six years' standing. Ih-per ffullv
yours. * A LEU ED EDWAUDfc*. ’
Atlanta, Gi., June 30, 1^79.
Dear Sirs—You have my consent to
use inv name in recommending Dr. ilay-
elwoo*Vs Star ( urine for Dry Catarrh. I
lia\c had Catarrh for several years, ami
the Star Curinc has cured me. Your*
truly, CAJ'T. \YM McCONNELL.
('on true tor.
REST FOR THE WEARY!
Health, for the Sick!
{Judge Clarke’s Decision 0nf" :ls not even a ground of exemp j was one over sixty ever expressly
Disqualification of Jurers ! ' iuD - To re, “ e,1 - v ll,u * an Act i<i'cu,red tobeq«aujied.
'Written Oat by Request af Counsel.]
was passed, Feb. 20, 1866, "to re- i Fourth. It shows, that all juries
lieve certain persons in this State j have, at all times, been expressly
Mill Supplies.
'•aw. Mills. Gins, and anything neei
ahotit- a Mill.
AVntex* AVlieeb
Men and-women are often worn down !
in mind ami body hy the lain»r.** au«l cares ,
of life. Their nerves give wax under the ’
needed ; 7 t,vt ' rv pressure. ami tin* whole system is j
:oUse«pienco. It is then !
• involved
I that
Pemberton’* French Wine Coca
' art. a*a direct means uf rc -’Oration,
-■ ninl they arc guaranteed tn } in-; perfeet health to mind and IhrIv
n:sT-(.i..tss J ante Meai^ . j dissipating every feeling of tlc|tression
andl.r-'irude. attd imparting eaiinness.
energy ami i'applnt--^.
Pemberton's French Wine Coca
alnV.lt half the usual pri'-e, and 1‘ortalde
Mills cheap that every 1‘armereali af
ford one.
make I'm .
Sent fur-prices, and- von will lie sur
prised. A. A. liKWIAClI A: lit;"..
Atlanta. *• a.
f gy— Vs to the merits iif our Work, we
refur in the follow ing gentlemen, trim
have bought of u>: «'. A. Harry. Hillili
A Stanford. J. Y. Ivc.v. K. W. rittman.
a'nd.T.T. fteorge, tilth lit-ri. tot. Also | tlic* entire system is restored, for the acr-
many others of the best citizen* of south , ves arP ti if . life of man. If they "are tie
j ranged, all else will he, if healthy then, ! by law Irttm
! health to ir.iod and Itodv follows. , ...
j leu occurs, lliat aged citizens pos
Pemberton's Freuch Wine Coca
Tiif. State, i Assault ami Battery ill i .• , i ...... . .. .
vs. ltamlolphSnp’r fourt,! from |tirj-duty; anti by it, “all | required to be “composed, “con-
Jl. A. Bujurixi May Term. lssa. | citizens above sixty” were exerop-j stitilted"—that is made up alto
Opinion of the Court. John T. Clarke ■ lC( j f a || S(U .|, service. j yetker and exclusively, of person*
The restoration of peace and j having the prescribed qualified
civil government having been, by
ascertainment, fixed for
Presiding.
The Defendant pleads in abate
ment, that 3of the Grand Jurors ‘ jtnTic-ial
How has this question been | livering the opinion, said: ‘‘That
treated by our Supreme Court: j a person over sixty years of age
The proposition, that one ovet : is not a qualified juror, is evident
sixty is disqualified, is not a new i from the very words <>l tlie Code,
one. In Cwlirnn, vs. The State, j §4.681, par. 2.. and it has l»een
revieweti at Nov. Term, 1856.
[20 Ga., 752J. anew trial was ask
ed “because one of the jurors was
tions. j over sixty.” The Court affirmed
This argument might close, with ‘the judgment below, refusing the
held that it is Lite duty of thc
Court, if apprised of tlie fact in
time, to excuse him.
Colt run vs. The State, and Bur
roughs vs. The State. That is
earlier sections? The question
is. does this proviso eon fee quali
fications? By its terms, it docs
not purport to do so. But refer
to the Act of 1875, or which this
section, including tlie proviso, is
He cites | literal quotation. Note its title.
Does it undertake to confer quali
fications? It is "An Act to ex-
1« THE <5UE\T NI.UVK KESTOf;F.U AND INV!
gokator. (jives honlth tn the* nerves ami ! HO
who louml the bill, weic over sixty j ulv 21, 1868, the last cited Act j the statement, that the Code of j new trial, because such objection the full text of the opinion on this | cm pi from jury service all per-
j years old. I he facts are admitted.j ^ |un eX j,j rei |, and the antecedent ISS2. the latest law on the subject. I "should be inquired into Indore j point. Grant that tlie Court sons in this Slate over Che ags of
, W e see sufficient reasons, why j re ,j vcl i Accordingly, we I is exactly like that of 1873. Here j the juror is sworn.” The Justice I might have avoided the question
men over sixty, should be, at their f] n( j t|, e (: 0< i e 0 f 1SG3, [§3.841]. j we might rest in the conclusion, j delivering the opinion observes, j as to qualification, ami decided
| option, exempted from the burden
j of Juty sen ice. But to our ini nd. ., nu / f....... •> I , n tail — * :g - 1 , ni *. m. nt.- f #/.i.. I „r 11 Ih. —m < ■ 11 )■,. in r n- u--i, nnt Lnnn-n nv-zniiit ti.n tn lA-lib-It tin* in par tcmiitpd i n the hotly to confer
satisfactory
ixty years.” Its proviso is.
That this Act shall notdisquali-
liad this act al-
whv such men
j act* *|K*C'fic:uly upon tli«* nerves, tlu* .
{ imisrH-s ami (lie wlml»* liumnn organism.
In every !mlitlc there is health :m«l rest j
4in*l happiness.
I For further particulars, scud f«»r ln»«»k i
j on foca. For sale by all Druggist'
! i*i Cuthbcrt bv J. \Y.\StanF"1:d.
West (In. . may21-3m
Elam Johnson, Son & Co.,
\Yli<»l«*sale
Grocers &. Commission Merchants,
12 IVcatur ami 13 Line Sts.,
ATLANTA- GA.
TITE feel that our present org:uit7*'d j
W force, having Six Years Experi-:
cnee, and being loeate«l at the mo-t avail- Sole Proprietor* and Mnnufaetitrcrs.
able<lest!i!>u(iiig point in the South, will je2.'*-lm ATLANTA.GA.
be a "urti'-ient giwrani* <• t«» Shippers «*t i
the hot results afforded .by the markets.
\Yn shall always sell mi:uk when we
ran, and only ftjrward*Melons and 1-ruit
when we nm*t.
'('oix-itruments solieitcd.
ELAM JOHNSON, SDN A CO.
mav21-3m
tirden j declaring the smuc persons, as to i lliat person* over sixty have never j that tfiere was no evidence, that j solely on the ground <»f the right of ■ fy, ele^ etc. Had 1
,n,n< ^, i age, (from 21 lo (JO) ‘'qualified an 1 been qualif ied, since the .let o/\tlie n«*c of the jur.ir was not known j exemption, to which the juror j tempted in the body
reason appears. p-Ddc* for Grand Jury service; 11799, except during the war. But • to the tlefendant before the trial. | was entitled, vet the Court did ; qualifications, it would have been
let us loy» a luUe_ fuitijcr iutu it
such tifiires. It °r , s used of the ‘‘Qualifications of The only seclio" of the present
It is true the learned Judge
l'clit Jurors.”
present
Here again. [§3.- : Code, wliieh directly and express
' I
He-adds, ‘‘this may constitute n i not so rest on the right of exemp- j therein void for want of conform"!
good objection, if taken in time.” ! tion. Nor can the main anti only I ty to its title.
legal ground on which a judgment \
The truth is, as the preceding
scss the best natural qualifications (,59.] wc find repeated the signili-{ly undertakes todescribc the qual-j timated a i/ok&Cwhether this be a j is deliberately based, lie justly , history ot tlie jury legislation
for jurymen. Were it prupo-rd, c;inl language—that certain per ! ilications of jurors, is §3,906. It re- {disqualification." The ground on I treated as a mere obiter—some j shows, the Act of 1875, both body
now, to make law on tlie subject. son s,‘-who possess the qualifies-! cites that ‘all male citizens * * * j which he based his "doubt,” how- j thing irrelevant, or nearly so, tojandprovisowasunnecesiarilyen-
we woubl insist, that,unless pliys-1 ljons j irilgtr j lj<!( j j Q l j lc |, rcc0( ]i,,g above the age of twenty-one and 1 ever, was not any theory of the. the matter in hand—something!
J. S. PEMBERTON' A CO
am! | ically or mentally disabled, men j
over sixty should be declared J
qualified. But our duly is to n.-! jllri| , were agaln , :ik( . n
certain w hat the law i**; not what
it ought to be.
For those over sixty werd
sectiou, shall constitute the b<wlv ' under the age of sixty years, etc., j meaning of the words and phras J carelessly dropped out by the j not only already exempt, but aet
of IVtit Jurors.** Justice Court ! * * * * are qualified and liable! es contained in the Act of ISoG, way—and which, upon direct in j ually disqualified for the burdens
1 quiry, would probably be repudi- i from which this Act sought to re-
Enterprise & Appsal.
SLliSCKimOX
It was the deliberate opln ! Iicvc them,
ion of the Court which we mil si 1 The^Constitution of 187i naiBct
respect anti enforce. They can no qualifications for jurors except
change it if they please; but we I mental and moral ones,
do not feel free to do so. Besides. ‘»l IS*8
follows it.
The Act
Docs this
n«- c«
CURED.
■ ’or IC«*iif.
A dwelling house, conveniently ,
located, near the business part of
town. Laj*we enough for aboard ,
ini; house. Contains about twelve
rooms will* nil necessary out
houses and lot. Apply lo
If J. W. STANFORD.
py one year ....
“ Fight months . .
** Foirr months . . .
ADVERTISING RATES
(ten lines
list of persons ••liable and qimli
less) 1 ifitd- to serve as Grand and Petit
. $1.00 • Jurors, agreeable to the qualified-
30 * . , , , „
: ttons hereinafter prescribed.
GATE CITV 11 !)»«( !> E 4 O.,
3S WjiII Street. Atlanta.
For sale bv J. W. St an for* l may2l-1y
—TayJ<»r*s PremiiMii (’ologne!
j for sale at J. W. Sr.\M oi:i/s.
One s*jnare
! insertion .......
i For each subsequent insertion . .. , r . , , T .
| All personal matter double price. \ hlJlls D'^criG^l. It
I obituaries will be cluirged for as j then proceeds totlcscribe as “quai-
Ibor aiiverti-ctucuts. fictl anti liable” “citizens not tin
Advert:--ni-nts ins.-rteil without
The I menu? 1 f so, then citizenship i»
I* a t not a necessary qualification. Tlie
In
NOTICE TO
1 in.
If you want to [turcliaso a
COTTON SEED OIL liLa,
A Cotton Gin,
A Cotton Feeder,
A Cotton Condenser,
r A Cotton Press, or a
8 AII M I L L ,
Pidlevs, Shafting, Hangers,
Am MILL WORK,
CLTIIBF.BT. GA.
13” Office over Postoflice. ^
sej»tis tf
Wjl D. KIDD00,
Ai rnatri t r i nv
Cuthhcrt, Grim
W" j praetico at any ;>1a« *'
State l»V -iK'f'ial ei»Iitr:u t.
W. R. THORNTON,
sijuare.
fel»17-l\
AVrite to us for PHfTES and DISCOl'NTS.
make it to vour interest to buy direct- front us.
We
D E N T I S T
(TTIIBKBT, G A.
O FIT* F. \V**st Side r-iMic
over IL L. Putin's >ti»re.
-H. I. GORTATOWSKY,
WatsiiHaier. Jeweler aai Engraver,
And Dealer in
Icioeks AValeliFM, Jnirlrj
aud Kilvrrwarr.
,411 Plt-H-k and Watch Work War
ranted. niarlft-ct
But our (Inly i« to as- ... ,..i— f r „ m the ’ to serve as Grain! Jurors, unless which lie-had in view, but a dis |
, ; savie class. [§4,093.] Sections 4,-. exempted.” Who else can be af ! approval of the exclusion of men j ated.
it ought to be. \ 5g4 iim l 4.585describe ciimina! jit-. firmaliveU shown to lie qualified, 'oversixty from such service. It
lit*,, then. «o observe, that the ^ f - lcs as ma( j u „p „f t i lc rC g U i ar p !;n except those included in this see i W: ts a doubt, from which he would
I legal qualifications of Juiois have | e j s of J llr „ rs . an ,( talesmen ' lion? It is tine, that this section : have been easily led by an ofca
1*1 * 1 < ‘ J-' • long ht t n the ^subject ot expie—^—such men. In thi^Cotlc we find j predicates, of the persons descrih-; sion to give the statute a sout.tl
G-'> n 1 :l !' n . U !0 Jndiv ov Actol f In ,| cotlilietl the terms of the atore- i ctl. hoth qualification and tiabil I construction. The case, in his : the}-, hy their citations show, that | omission repeal all other require-
. . ■ 1 1,1 nJ' 1 (Bnbb s Dig. p| olo a,,f * saitl Act of 1856. about grounds Hy it is equally true, that these I judgment, did not call for that;; they regard Burroughs vs.
546] nitu ts the l .elk to piiktire n f t-halicngc in tclonics. [vid §4, attributes are distinct in their na-1 an d he seized the opportunity to, Slate to tie the law. Nor is
from the 1 ax Gullecloi a books a -gjj j j> v j (> persons over six'v lure. The Statute might have tie express his indignation at the j all certain that the Supreme Court; juror need not be twent}’ one.
may lie challenged hr cither side, i lined them separately; and shown ‘ legislature for, what he hastily j could have reached its judgment • 53rd Ga., 75, it was held that
The Code (by a misprint evident- ! some qualified, yet not liable. But i supposed was a degradation to ! against the new trial on any other j qualifications not expressly te-
iy.j substitutes twenty for twen the fact is, that the statutes eon age. But suppose, that the legis {ground than that assumed hyjqiiired by the Constitution of
ty one, as the minimum age of a tain no express description ot'lalure, anxious to prevent such j Judge Hall. The juror had, with j 1SC8, but previously enacted stir
qualified juryman. mere qualification. Nowhere docs ! hiuderances to justice, as mis-1 the rest, been called on hy the | 'ived the establishment of that
This Code, it will be remember the law declare any others, but! trials caused by the sickness of a j Court to make his cxcustAcforc j Constitution; because not incon-
81xt -' tsi, was adopted by the Constitu 1 those here described, to be qtiali 'juror; and such interruptions and j the defendant was committed as sislent with it, and because the
tit»n of 18GS, so fur as consistent lied. ! delays in the business of the; to his challenges. By his silence ] law had long been so. Doyal ts.
therewith. But that Constitution I This section, too, lias express Grand Jury, as might he caused , he might have been held to liave I he State tried in 1882, settles it
established the same mental anti! reference to Grand Jurors only.' ''y weakness; thought it best, by waived a mere exemption. The that §4,681 is not annulled by this
pti.ssly dicl.nid to lie for tlietii ■ luora j qualifications for both But by reference to other sections,! a general rule, to exclude all Over j tlefendant had the right, perhaps, j Constitution. If the significance
a of etui and ci ttninal vases. Grand and Fetil jurors. They were ; you will fiud, that, under tliis| an age, beyond which most men 1 to
required lo be "upright and in Code, as under all earlier ones, all
tcUigeul persons.” No other qtial juries must have the same abso
ilications are specified in til it in- lute qualifications set forth in tiiis
struincnt. [Const. 1S63. Art. V. section. Section 3,925 provide* volte any contempt for the aged?
Si c. I.] But Sect. 2 of that Arti- for ‘‘special juries,” to be selected Such may have been the reason of
vie shows that existing disquali-> from the Grand Juries. Section j the law.
lications were contemplated, and j 3, U31 provides, that Petit Jurors- That one over sixty is disqual
not repealed. It forbids any name I are selected in the manner, anti bv die I, is recognized and ntlirmed in
to be "thrown out of the” jury* theauthority * as porvided in§3, Flmmas, vs. The State, 27th Ga.,
"box, except when it is satisfaeto 910 and at thesamc time anil in the 287: the same learned Judge de-
rily shown to the Judge, that the , same manner that Graml Juries livering the opinion.
juror is dead, removed out of the are drawn.’* Tints we [leieeive. In Burroughs, vs. The State. 1 “f exemption alone, .to this injury! " c * lave la ken the pains
county, or otherwise disqualified [g3.lt noj that the material of lYt- 33r»l Ga., 403, the ease of Cohron the (lefendant he might justly j write out this opinion elaborately,
of is review©*!.* There one of the
I qHM-'ifioatmn as t«» th;- mu»ib»*r in-; t\tcn»\ *
i st,*rti'*ns, will hepuMisInMl mi»il «>r*K*r- years <»f ag**.*
<*tl out, ami ac***»r*linylv. , , . , ,
All a»lverti»rim-nts «Iue when hand- j >c sc * t * ca -* 1 '
twenty *»r.e nor over
From tiiis lift were
he selected hoth Graml and Pet
it Jurors. The latter were ex
in Dm
if
E, VAN WINKLE & GO., !
Atlanta' - Geovgia.
Notice to tiik Trade—Wo givo discounts to the trade,
may 21 3m.
STEVENS’ POTTERY!
I <5
rw
~. ~ — x
c - = 2
s w r. i
C '*> * 3
*TJ
O
X
From 17‘J‘J until IsOfi, there was
) no change of tlie law. In the Acts 1
of IS’).”) and 1S56, p. 221). is a stat
ute undertaking to declare ‘*«lio
■ arc qualified ami liable” to serve
__ j asjumrs “in criminal eases.” This
: is the first legislation, as to the
qualifications of cnminal juries
. in partieular. But iip»*n exaini
nation, it is apparent, that n<» :ih
solute eondiiions of -qii;dificatit*n
were thereby established for such
jurors, except such as were a!
reaily demanded for civil juries.—
That Act declares “all * * *
who have arrived to the age of
twenty one and not over sixty’* to
he “qualified and liable,*’ in "all
eiiminnl cases.** But it also
provides, that juries in misde*
meaner cases shall he stricken
from the twenty four regular Pet
j it jurors in attendance; and that;
the panel of forty-eight, from
. which the jury is to be selected in
a felony, shall be “composed” of
^ 1 the same twenty four, and twenty
■d foui others summoned “from the
citizens of the county qualified as
{aforesaid.** From these directions,
in section 3 of that Act, it is
{evident, that it did not intend to
| establish other absolute qtialilica-
Lhat he would not be of the Constitution is not such as
fail in health and endurance; beyond his reach. So trusting, j to repeal that section by implies-
would it bo palpably absurd to he exhausted all his challenges tion. ueither can it so affect §o,906.
do so? Would it necessarily in hut one, to get this man. When But should it he held that such
his name was reached, with no: is the effect of this Constitution,
disqualification and no objection | the ruling "ill not be in support of
! by the .State, the defendant might | n qualification always heretofore
i have had that advantage, for sustained by the Courts, and only
which lie had been led to sacrifice 1 overruled by ourselves. It will be
other important advantages. In j a ncur qualification newly diocov-
such a slate of the case, had the j ered since 70.h Ga., and founded
juror so late, set up his privilege j on a new Constitution.
to
have been held to stand by his
hq laic.'' Surely this did not« it Juries is identical with that
* - ........... .... .^ ”" v ”• •"** • r ^
mean to clothe the Jtulgc with the i Graml Juries, except as tlie Coin jury was over sixty, an-l neitlicr! waiver. He was estopped. The
rigbt to review, summarily, the missioners may distinguish them ; the defendant nor his eounscl j State could nut have objected that
kner
trial was asked.
Judge Fleming,
the
decision of the Commissioners, as ' on the ground of their degrees of
to the uprightness and intclli- intelligence, uprightness and ex j
grace of those, whose names they ; perienee. No authority can lie 1
esteemed lit lo go int. the jury ! shown for putting into the list
boxes. The words
disqualified”, must mean having: declared qualified by §3,906.-
some disqualification by laws an- Equally, no authority can be ! says of his decision:
teda.ling the Constitution and not shown for putting others into the { ed
inconsistent therewith. The “Act I’etit Jury box.
' _ i
(t eery able ami satisfactory
the Court so held him. As
of | over ruled
‘‘otherwise j Grand Jurors others than those Charles J. Jenkins, delivering
because w-e hail studied it thor
oughly, and out of respect to the
known conflicting views of the
Bar.
Having satisfactorily shown,
that one over sixty is disqualified
for service oa the Grand Jury,
what effect shall it be allowed to
V*
i
Near Miliedgeville. P. 0., Stevens Pottery, Ga.
Headquarters for Doubled Glazed Vitrified Drain. Sewer, Culvert
nnd Water Pipes, from 2 lo 24 inch calibre, for Draining Land. 1>. R.
Culverts, Road and Street Crossings and Well Curbing. Fire. Grate, j
Border and Heartji, Brick Smoke and Hot Air Flues. Lining for Fur
naces, Fire Brick 4br Setting Boilers, made to Order, any Shape or j
Stvle on short notice. Flower Pots. Swinging Baskets. Stumps,
Chimney Thimbles and Tops. Fire Clay and Sand, suitable fur Fur- j
naee Building or other similar purposes. j
Correspondence Solicited. Our prices are reasonable. All we ask i
is a trial.
Stevens’ Bros. & Co.
marl9 6m PROPRIETORS-
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D
o
, lions for criminal jurors, than
those already demanded for other
jurors; but expressly recognized
i the Grand and Petit Jury qualili
cations as identical with tlie eon
ditions prescribed by this act.
it. After conviction, anew
The venerable I qaalijied juror, I am inclined to
of Savannah, think that this Court would have
motion. IJ u t i made him serve if the defendant
the i demanded it. Perhaps this is the
•pinion of the Supreme Court, key to the decision of the Supreme I have on a bill found by a Grand
‘‘Our learn i Court. While it eould not refuse | Jury partly composed of such dia-
... brother, whose judgment we the defendant so damaged a new qualified material? Perhaps, there
, a For the lists arc 1 have under review, haciny made ; 'rial, merely in support of a neg- j were sulficieut qualified votes in
to carry into effect” tiiis “clause j only one, until the Commission- j« eery able and satisfactory ar-! Hgent. and possibly a tricky ju [ the Grand Jury to find the bill
of the 13th Section of the 5th Ar- ers select out the “most oxperi- j yument in fa cur of anew trial ror’s claim of exemption, it was ; without counting those over sixty,
tide of the Constitution” [sec j enced, intelligent,'’ etc , for Grand on this yround, felt himself eon
Acts 1809, p. 139,] has exclusive Jurors, leaving the balance for | strained lo refuse it, hy the rilling
reference to the manner of prepar-1 Petit Jurors. I <>f this Court in Cohron, vs. The
ing the Grand and Petit Jury box- Now this covers all regular Jn (State.” Speaking of the Act of
es, without distinction between for “civil auil criminal cases,’.' (1856, lie. [Judge Jenkins.] says:
them; and does not affect existing [vid. sec. 3,931 ]. Section 3,932 i “The first section ot the
laws as to absolute disqualifies-1 provides for supplringdeficiencies 1 Act describes persons qual-
tions. 1 his principle of construe in the regular panels; but the sup ! ified and liable to serve as jurors
lion of this clause of the Consti
tution and of this statute, was af
j plemenlary Jurors must be “tales ; upon the trial of criminal cases,
i men,
1 forced to that judgment by the j But who can tell what influenew
conviction that the juror was : upon the finding may be exerted
wholly disqualified by the statute.! by oue disqualified man? In vot-
So then, we understand, that! iug he counts one. But his argu-
Doyal, vs. The Stale, is precisely j ments, his presence, his personal
in point. I weight, may carry a dozen juror*
But we are told that whatever j his way. Ilcncc in 53 Ga. 75, the
may have been the law as to Supreme Court held that the par-
Grand Jurors at the date of Coh ! ticipal'.on of one disqualified juror
ron vs. The State, Thomas vs. {invalidated the bill. Wc so bold.
or like men; or, as specified ; The result is, that those not there .
in described are neither liable, nor j The State, and Burroughs vs. The ; Let this indictment Jie quashed.
the
: firmed in 53 Ga. 75; on the ground j n section 3.937, “persons quaii
lliat the disqualification there ail- fj e( | u S required in this code.” All qualified. A part of the descrip ! State, tlie section 3,939, of
not inco7i supplementary jurars in felonies | tiou is persons ‘*wiio have arrived 'Code of 1882, demands a different
Thus stood the statutory law, . , ,
... .. . . o co, fjnnged to exist was
until the first code, section 3,821 ,* . . «"* •> •» — « * i
I sistent with sai»l Constitution,; must be “competent jurors,*’ [sec. j at the age of twenty*'-one, and not • rulmg. I hat section reads: ‘All
been the ( 3,935]: added to the regular pan j over sixty years.*’ Those, then, * * * over sixty shall he exempt
! el, if |X)ssible. The Judge may over sixty a re disqualified. The \ l’ ron ' service as jurors. Provided
! of that expressly declares those
j “qualified and liable*’ for Grand
Jury service to he not under twen- j
and that “such has long
Law of the State.”
t-i
An Imporiant Bisftvwy.
The most important Discovery
is that which brings tlie mostgooil
to the greatest number. Dr. King'*
New Discovery for Consumption,
this section shall not disqualify | Coughs, and Colils, will preserve
— "3 —
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I have just opened at the Owen & Sealv old stand a
NEW FURNITURE STORE,
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tv one nor over sixty Section 3 • 1 I’roeoeding to the Code of 1873, | ,j ra vr the talesmen from the jury j third section, providing for sum-, .
we find §3.906, as In Grand Jurors,: | (llX made up under section 3,910, ’ moning tales jun»rs, directs that i sut'h persons from serving as ju- lhe.ht.dJi ani save I e. am is a
[vid. sec. 3,935 ] ! they be taken impartially from i rors when they arc willing
Now. as to tlie negative side
Wv
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I—i
w-w
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o
>
S36 n*es the same language as to
qualifications of Fetil Jurors. In
making up the list of the latter,
it is provided in the following sec
tion. that after the selection of
the Grand Jurors, the remaining
persons on the Tax Receiver's
hooks, “who possess the qualifi
cations prescribed in the prcced-
iny section, shall constitute'' (i. c.
completely nake up) “the body o
the Petit Jurors for service in the
Superior Courts.” By § 3,S39 ot
: lliat Code, the qualifications of ju-
• rors in tlie Inletior Courts are de
i dared to be the same as in the
[ Superior. The jurors in the Jus-
j tices’ Courts were, by §'3,S40, to
and §3,930. as to Petit Jurors, set
ting up the same terms of qualifi
cation as to age; which we have
traced from the first,
i the Petit Jurors.
priceless boon to the afllicted. Not
rors when nicy are wining toi 1 . ... .
J ; onlv docs it positively cure Con
serve.” This section U a codifi j auinpti.m. but Coughs, Colds.
the subject of qualifications that .^ c, f af aforesaid. With the wis- ■ ca t>°n of the Act of 1875, page 98. ■ Bronchitis, Asthma, l]oarscneas r
% §3,931. j. j,litie-ation it is not di j Horn of tiiis disqualification wc; ' s subsequent to §3,906, and to and all afieetions of the Throat,
so ascertained, 1
■ they be taken impartially from j
ofl the citizens of the county, quali-
reelly and expressly presented in ' ^ ave no concern. I la lex senpta
Burroughs vs. The Slate,
it so amend that section
Does
as lo
Chest, and Lungs, yield at once
to its wonderful curative
powers. If you doubt tiiis, get a
trial Bottle Free, at J. IV. Stah-
In the first place, let us observe' lotto's Drug Store,
latif the foregoing proviso doe:
' repeal the disqualification cslab
arc declared to be “for the trial of
civil and criminal eases.” By
935, the regular panels of both
kinds of juries arc to he supp’.e-
niented hy persons” who arc “com
potent;" and by §3,937, the sup
1 pletnenatarv jurors are to be “tier-1... .
, ' , . . ... ■ that section. specified in tlie subsequent part , , , i
sons qualified as required in this: .. ... , . also repeals par. 2 of §4,681, which lille lias lieeoine well known Wr
r . . ‘ . .. , . . ,. Neither are the disqnalifica- of the Act of 1850, and which now * , „* ’ , unc nas oecome wen snow*, nr
Code. IhisGode contains §4, 1 . .... authorizes the challenge of per- nntdisli the followintr statemenr
„ at „ „ „ . „ lions of Petit Jurors, in cicil cases stands codified §4.681. He bases j . puuusu tlie loitow mg statement
681, P. 2, allowing challenge in , ... . . . , 3 , -sous over sixty in Iclomcs. If in 11 10 sa me time u non the author-
, . . ; r 1 expressly treated ot elsewhere, i it on the words of the first section I . . ' ..... , iu me same time upon me iumor
felonies for over age as aforesaid, i ‘ „ 1... „„ „ ' tliat Proviso qualities such per- „v of those who vouch for iUcoy-
1 : the Code as to Grand Jurors, ex !«»*•” It is needless to add that
i eept as stated in the excepting j Burroughs was allowed a new trial, quality persons over sixty?
[ clansc tn section 3.906: j. e.. “be One point we wish to emplia-, . . . _ , , ,
in» neither idiots, lunatics nor in-. siz^. Judge Jenkins did not base - ‘
sane —and as implied in the ! this opinion on the express allow
statement of the qualifications in n uee of challenge for over age. i .' ,lc 1 | ir ,
interpretation and sound logic, it ; to accept a $10,000 home in Nasli
! lislied under §3.906, by judicial
Sam Jones ami Money.
The refusal of Rev. Sam Jones
DRUNKENNESS
.. i
Juries to
neeessai v
i I>e*ire for stimulants entirety rernnv-] _ , . ,
and will, ns soon as it can be shipped from the Factories, have on
hand a full line of everything usually kept in a
-*FIRST-@LASS ESTABLISHMENT*-Linn m T ne p«tiv so many of our men in the armies,
Fac-1 WILL uL . made it difficult to get juries, with
Georgia. ! y., r that (told-1 the legal qualificatious required, 1
. ... , . - . than as included in section 3,906 directly declaring who are qtiali-. ..
Ibis extended and careful state-! „ . , . sons, it qualities them ‘when they i P( tness Just as he was about
.... But when wc come to the selection tied and liable. Section 3,906 of ,„. 1 , ., . J , reitness. j ttst as tie was aoout
, .. .. ^ ment and history of the legislation _. _ , . , are willing to serve —i. e., as well to leave Naslnil'e a number of
have the same qualification. Sec i ... . of jurors Tor felonies, we find the the Code of 18S2 contains the same,. .... . ,, „ a
0 , .i ,* , 1 of this btate. will serve several ,. J , , .... t in felonies as in other cases. B”t ! c itizens nresented him the results
non 3, S43 provides for the Grand . ......... disqualifications expressly stated, words. 1 he same construction'. .. . ..., ., : tiuzens puscnicu mm me resnus
be ,m > , ° rt ; U> C “ ,U 111 * ,S t , ' ,S 7 SS 7'; As ;* have B l««ly .bowt it is a 1 follows. In Doyal vs. The State. 70 ' D T,, , ‘’t r r ■ °' * C ° IU * tion 10 P3> ' him *
lirst, ,t shows, that the leg,sla. co(1 . ficaU>nof ^ ^ ^ ^ m , a f tor over sis , v f ai fe. ( , | * ol ; 1s f that ^ *t j work , . pa we containing $2,500
Section 4.6S1 names four grounds j to offer his excuse on that ground ! ^ , l 11 ^*'»*-'• | in ‘-ns'-- Counting out $310. he
. b ! , . 7 , , not repealed. I.ryo, wc conclude, s niil- “Tiiis will do for me. and
of challenge, by either party: 1st, j until the panel of forty-eight had | ^ as , ;|le as 70Ul Ga> thc Cour ’
lack of citizenship, or resilience;. been made. I lie Court had be-;
(TBED IS ITS VARIOl'S STAGES. ! Jim< * an ' 1 UlC Pe ; U
supplemented, alien
Desire for stimulants-entirclv reinov- k ture
ed. Home treatment. Medicine can lie j ”V bystanders, of Others, quail*
administered without knowledge of ]*a- as -hereinbefore prescribed.*’
tient. bv simply plarinir it in rotlee. tea! * Jurors,
i »»r anv article of iuwd. Cures guarantct'd.j During the war, the absence of ;
of this kind. I propose to huv in largo quantities, direct from
tories, and will comiiete in style and prices with any house iu Gei
B.W
has always undertaken to
regulate the qualifications of
hy express conditions;;
and has not left tlie Courts, in any i
! instance, to exercise their jndg- i
ment, as to who are naturally
most suitable for such service.
2nd. over sixty, or tinder twenty-
one years; 3rd; idiocy, lunacy, in
toxication; 4th, near relationship.
fore called on jurors to make
their excuses. But when, in the j
progress of selecting the jury un- j
ill pay my expenses, and what
refused lo allow the proviso above; little I owe and leave something
The three first objections are for ! der tlie statute, this juror's name
will have full charge of the business, and will he found at his post at
all times, ready to serve all in his ustdil fair and square manner.
KEUEMBER the place. Owen A- Scaly old stand, East side
Public Square, Cuthbert. Ga. Respectfully,
J. w. STANFORD.
January 22-6m.
ideations. .The last is for ineom-
petency to try thc particular issue
on trial—i. e. relative disqualifi-
that lie was over sixty, and asked
to he excused. The Court grant
ed his request. In a motion for a
new trial, thc defendant set un
For any ea>e *>f druiikcnm*
ca sjk-i iIk- will not cure , < 1 Jk“! al ? 1 and the exemptions allowed. To
cnntainitijrtestimonials amt ml! partu-u-! 1 i * • j », . ti-.. ,i, rt ! 1 —
tars *ent free, .bldress ! remedy this, the Act of Dec. 7. j n snows, mat me au ,ij s ,. u . 1 ]i|j ca (j ( i n f,„. j„ r y 8erv ice was reached and called, lie stated
GOLDEN SPECIFIC CO i i 8G3 [ ActslSG3 an<1 i SC4 ,42.] , solute q" a lifieations and disquali- gcnera j! y _ ; . e „ absolute disqual
-^,1-4. rM..i,„r M m.,).l TO passed; requiring “all male i »'«>» the
Dp. C- A. Cheatham S I rfliwa* over twenty one, not plu s I sarae for G,an,t an<1 Petit Jurors -
i ically or mentally unable to serve I for civil and crin,inal i uries - fol 'i u -
EXCELSIOR. OQ j, lries y to render such service; 1 ries ia “^demeanors and in felo-
FAMILY MEDICINES j “regardless of age, or profession, i n ' e8 ‘
Of Dawson, Ga., t except attorneys at law.” This Third, It shows tfiat, in no pe
riod. except from Dec., 1863. to
July, 1668, pending the tempora
By this statute, age' ry war measure above described,
*
[ quoted to have thc effect of rc-; f or my family to go on. Ia this
pealing existing disqualifications, j meeting a great many gamblei.-.
For sale at
T. S. POWELL S,
jell-ct Drug and Bookstore.
Act was expressly limited to con-
i tinue of force till “the termination
of the war.
That that Court reasoned w ise
ly on that point is evident from
the following considerations: Note
the'langtiage of the §3,939. First,
it confers exemption.' That is
not in conflict with §3,906. or
§4,6S1. Second, it provides,
“That this section shall not dis
j qualify.” Well, no one pretends
‘that tha
[Of course exemption conferred
loss as to his challenges. The does not disqualify. But may not
Supreme Court, Justice Hall de • the juror stand and remain, (de-
cation. The nature of these oh- j that he had lteen expecting to ae-1
jeetinns shows, that this is a prop- jeept that man as a juror, and that i
er classification of them. Want j by the late discharge of him, lliej disqualified.
of citizensfaip,-or age, or-insanity. | defendant had been misled into a ly»f ,-ni.rsn pvemntion conferred
can have no special bearing on
one case, more than on anotber.
and bar keepers and clerks in lisr
rooms liave quit ‘.heir old bwsim-s*
and joined thc church. Ka*y of
them are poor and need help in
making a new star! Take tiiis
$2,200 nnd divide it out among
them. They need it a gaeat deal
worse than 1 do.”
Simmons’ Iron Cordial insures re
freshing sleep to the weary and over
worked system.
For sale iu Cuthbert c
ithbort only bv
J. W.STANtMU).