The Jackson economist. (Winder, Ga.) 18??-19??, February 09, 1899, Image 6

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ffgggg Jackson Court. The spring terra of Jackson superior court began at Jefferson last Monday, Judge Richard B. Russell presiding Never before in the history of the county have parties who were compell ed to be at court had so much difficulty in getting to Jefferson on account of high water and terrible condition of the roads, and from these causes fewer people have attended this week toan we ever saw there before. Judge Russell opened court at 10 o’clock Monday morning and the grand jury was scon organized with Mr. C, F. Holliday as foreman and Mr. R. L. Home, clerk. The grand jury is com posed of representative men as yon generally see and a body of njen who will conscientiously and faithfully dis charge the duties incumbent on them. The Judge’s charge to tho grand jury is a document that is well worth read ing and impressed all woo heard it. Tho way he dispatched business Monday convinced every one that h-* is determined to do all in his power to cmtuil the expenses of our courts. A large delegation of visiting attor neys wt re in attendance from Winder, Harmouv Grove, Lawrenceville, Athens and Gainesville. The following is the charge of Jndga Russell: Mr. Forememan ami Gentlemen of tho Grand Jury: Your b )dy having been organized by the selection of your foreman and duly qualified oy taking the oath prescribed by law, it now becomes the duty ot' the court to direct you as to the scope and method of your deliberations aud thou to give you specially in charge certain statutes which the code n quiri-s every Judge in the state, to lay before eacli and every Grand Jury. However familiar these statutes may be to you, the law in its wisdom com mauds me specially to direct your at tention to each of them specifically, aud you have been sworn to make diligent inquiry aud true presentments as to these matters, which I thus give you in charge. In compliance witn law you have been summoned from your honu-s and tho pursui*. of your own affairs, and by your oaths consecrated to the service of your fellow citizens. in obedience to that law which re quires that, in every county in this State, at least two regular terms of the Superior Court shall be held at fixed times we have assembled here and about to organize a court, at which, under our laws, you form a most importaut part I trust each of you fully appreciates the important duties and the high re sponsibilities which rest upon you. The State has selected you through your jury oominissiouors for a special purpose, and set you apart form body of the citizons as being amongst the most upright, intelligent aud expo rieuced of her citizens In some states there are no graud juries, but in Geor gia yon are charged with certain du ties eutrusted under our laws to no other power. The Grand Jurors select all members of the Board ot E location, and thus the Grand Juries control through their agents tie county school system You select from time to time all the Notaries, who are Ex-Officio Jusiice of the Peace in each militia district of your county. Yon are charged with the general supervision of all the property of the county and of its financial condition. To you all the officers of the county, en. trusted with any funds raised by taxation, are required to report. Aud it is through your careful examination and your public report, touching these servants of the people, that the taxpay ers generally (each of whom is entitled to know that every dollar drawn from him by taxation has been lawfully spent) are to obta'u their information. You can aid the courts and tin* country by enforcing the road laws we have or by adopting the new road law known as the alternative road law. In audi tion to all those civil matters, as no person can bo tried for crime in this court except upon an indictment or presentment preferred by the grand jury, the duty devolves upon you, wher ever the criminal law has been violated, to bring the charge without which there can be neitner trial, conviction or punishment. The good law-abiding citizens look to you for defense agaiust the evil, the reckless and the lawless, and this protection depends upon youi finding out evil doers aud bring mg them to the bar of'justice. Your diligent action will bring upon you the blessings of all good men and good women as well as light in your own hearts and that pure aud fervent glow which comes from the conscious. ness of duty well done. Justice then is or ought to be the prime object in view, the ultimate end o bo attained in every proceeding in court, and by every one charged with the performance of any duty however ► mall or insiguiflcant it may seem or however great, responsible or important it may be. Incident to our courts is a Judge, Sheriff. ClerkJ Attorneys and Jurors as well as certain assistants. The duties of each of these are all clearly defined and definitely pojltted ou\ and it is of the utmost importance that eac i one discharge his specific du ti. s with fidelity accuracy aud dispatch. Your body, Mr. Foreman, must at ail consist of not less than 18 nor more tiia: 23, and it is necessary that at least 12 members of your body shall vote in favor of finding a true bill, or a pre sen tmout before the accuser can bo by you charged with crime or misdemeau or. And the names of all those acting upon the indictment or presentment shall appear. Indictments and presentments differ only in their origin. It' the charge originates in the body of the Grand Jury, that is, if s >me one or more of the Graud Jurors knows of a violation of tho laws and makes it known to his fellow Graml Jurrrs aud if after con sidering the evidence they deem the m itter sufficiently well founded and sustained by proof to try the accused, they report the facts to the Solicitor- General, and a--k him to formulate the charge according to law. This being and me, the paper containing the charge is called a presentment of the Grand Jury. If someone who is not a member of the the Grand Jury knows o a violation of the law and sees fit to bring it before the Grand Jury he goes to the Solicitor- General, gives him the facts and a list ot the witnesses and the Solicitor-Gen eral formulates the charge and attaches the name of the prosecutor and presents the paper to the Grand J ury. This is called a bill of iudictmeut. On eacn, the presentment and the bill of iudiot met your foreman must endorse the words “true presentment or true bill” and sign tins finding before returning t!ein into court. Your proceedings being expart, you only hear the state’s witnesses in eith r event, but should the proof be insuffi cient (in your judgment) to sustain the charge, then your foreman will endorse on the indictment NO BILL aud return it to court. Your oath sets forth in asuccintfoim the spirit in which you should act no less than the scone of your duties as regards the prosecution of crime. You will diligently enquire and true pre sentment make of ail such matters and 1 things as may be given you in charge or come to your knowledge toucuing the present service. You will diligent ly inquire, not glauce at your public property, nor make a superficial exami nation of the books and records of your officers. By this kind of perfunctory service ihe taxpayers of more than one county U - e already suffered great loss. The soleinu oath you have taken places on you, the obligation of diligent service to your fellow citizens. '’’he state’s counsel your fellows and your own you will keep secret unless called upon to give evidence thereof in some court of law iu this state. This includes all that may transpire within your jury room relating to the sayings or acis of any member of your body in reference to the matter with which you are charged by law. It is the policy of ilie law and es sential to the success of your diligent inquiry into your public matters aud iu the ferritiug out of of crime that your deliberations should be secret. I can not conceive how any person selected tor their intelligence and uprightness and distinguished tor experience can so far forget the trust with which ho is charged, and the solemn oath he has publicly taken as to divulge the secret oil state with which he is intrusted, and npou whose inviolability depends our verv safry Iron* dastardly crimes. It has some times been a matter of current remark that the action of the Grand Jury on bill is known before it is returned into court. Ido not know how much truth there was in such rummers, but this court would cousid er it a duty not to be shunned to eu force the maximum 'p&fi&lties for con tempt, should such a case be sustained by proof befosc me- . And a Grand Juror who would thus violate his sol . *< r. 4 emu oath by divulging those secrets you have sworn to keep should not oe in the'jdcy box at all. The urxt part of your oath puts you ou your integrity as a just upright mau You should present no one from envy, hatred, nor malice nor leave any one uupresented from fear, favor, af fection, reward or the hope thereof— one scarcely be reminded that a position where one has power over the life, liber ty, property or reputation of another Bhoald not be invaded by the detest able vices of envy, hatred and malice. For when they enter wisdom, justice and moderation leave, Their joint oc cupany of any portion of t. court of justice is possible. So if you had any such feelings, you lay them down when you take up the Grand Jurors oath aud the Grand Jurors sacred duties. You are none the less warned against the influence of fear, favor and affection. Fear not to bring into court the richest aud most influential citizeu as quickly as you would the humblest negro in your county. If he be guilty of crime iu a court whereby justice holds the scaies ev n balanced, no wealth nor friends nor influence can save him from just punishmeut. I fear it is too frequently the case that grand jurors strain at the gnat of an infraction of law by sums of the poor and humble, aud shut their eyes to crimes on the part of those whose prominence would make tho infliction of the just penalties, a telling example to others iu lik - case offending. In the words your oath finally enjoin, you should present all things truly aud as they come to your knowledge, so help you God. Thus you cali upon the great God of Heaven and earth to witness that forsaking all liu man influences aud evil motives you wiU discharge your duties fearlessly, houestly and justly. Surely no higher type of man exist than the ideal legal grand juror snouid be. Now I am required to specially charge you as to the laws against gambling. S.C. 398. If any person shall by him self, servant or agent keep, have, use or maintain a gaining house or in any house or room occupied by him, permit persons with his knowledge to come together and play for money or other things of valua or rent a room or house with a view of the same being used for such purpose, he is guilty of a misde meanor. Sec. 400. If auy person shall by him self or servant or agent, keep any table of auv kind, name or description for gaming or preside or deal at or use any such table for playing and betting at the same, he, his sevant and agent so offending, shall be guilty of a misde meanor. Sec. 401. If any person shall play and bet for money or other things of value at any game played with cards or dice or balls; or shall play and bet for money or other things of value at any table of whatever name, kind or description, for gaming, or shall bet at any game of nine pins or any other number of pins , or at a billiard or pool table, he shall be guilty of a misdemeanor. Sec 402 Any person keeping a table or dealing at a game as aoova spec.fi and who shall permit or the agent or any body or a clerk iu a post office, a minor to play and bet thereat, or any person of full age, who shall gamble with a minor, or with any agent of a bank in terested with its funds or with any clerk iu a post office shall be guilty of a mi-demeanor. Bee, 404. The law fath-r declares that any person who mav have played and bet at the same time or table shall be a competaut witness, and compelled to testify though nothin jf then said by such witness, shall at auy time bo re ceived or given iu evidence against him in any prosecution uuless it be on au indictment for perjury in auy matter to which he may have testified. lam also required to give you in charge the law against the carrying of deadly weapons than, which, there is no more odious practico, nor auy more productive of grave crimes. lam glad to inform you that the recent legislat ure added metal kuucks to the list so that the statute now reads: Sec 341. Auy person having and car rying about his persou concealed, and not in an open manner and fully ex posed to view any metal kuucks, pistol, dirx, sword iu a case, spear, bowie knife or any other kind of kuives man ufactured for offense or defense shall be guilty of a misdemeanor. Any seller of liquors or any intoxicat ing drinks to a person who is at the time intoxicated or drunk shall be guilty of a misdemeanor. Auy person carrying liqfior to a Sun day school or day school or to a church for any purpose (unless by a physician or surgeon or officers of a church for sacramental purposes) or being intoxi cated at a church, is guilty of rnisde meauor. RAILROADS. Railroad companies shall keep in each passenger car, or in any car in which p issengers are transported, an adequate supply of good pure driuking water at all hours during the day and the night, aud lights during the night for the use of passengers, and upon failure thereof shall be punished as for a misdemeanor. Any conductor or agent of a railroad, who, after being requested by a passen ger to furnish a sufficient supply of water to the passengers in each car in the day or the night, or light at night, shall pasß any depot or station without so and oing may be indicted iu any county through which the railroad runs of which he is agent or conductor and shall be punished as for a misdemea(upr v In addition to your duties as indicat ed in your oath it is your special duty to * inspect and examine the offices, books, papers, and records of the clerk of superior court and ordinary and the books, papers, records, accounts and vouchers of the county treasurer, and cause any such clerk or comity treasu rer who shall have failed or neglected to do his duty sre quired by law to be presented for non performance of offi cial duty. And in making up your general pre sentments you shall tuke proper notes of the matters brought to your atten tion by the reports aud books of the county school commissioners. Appointing citizons to'examine rec ords etc, I am required to charge yon that it is the duty of the clerk to keep well bound books for recording all deeds, mortgages and other liens and bills of sale separ ately; aud I call your attention to Sec, 4360 and 61. All county officers on or before the loth day of January of each year shall make a report of the condition of all public property in their charge, and shall enter the same in a book kept for that purpose. When any officer shall vacate his office he shall take a receipt from his successor for all property, which receipt shall satisfactorily ac count for all property turned over. See that this is done The ordinary, county treasurer, clerk of the superior court and sheriffs, shall make a return, under oath, to the grand jury of their respective counties on the first day of each term of the superior court A just and true statement of the amount of money received by them from the county, the source from which the same was received, also their expen ditures accompanied by proper vouches. If they are found corre&t, endoiee your approval thereon and attach them to your general presentments, but if in correct, your foreman returns them, setting forth in writing your grounds of disapproval and requiring said officer to explain. Failing to make these returns, judge issues order requiring the report or at taching for contempt. Sheriffs jail record. TAX C OLLECTORS. Statement of special taxes to the grand jnry: It shall be the duty ot the tax collector of each county iu this state to lay be fore the grand jury, ou the first day of each term of court, a full statement of all special taxes received by him for the six months immediately preceding said report, and to state fully the date of said payments, from whom received and also the amount received. Inspection of jail read Sec. 840Penal* C. Every man presumed innocent. Grand juries shall carefully inspect the sanitary condition of the jails of their respective counties at each regular term of the superior court and sha’l make such recommoudations to the or. binaries in their general presentments as may be necessary to provide 'or the proper heating and ventilation of such jail, which recommendations the ordi nary shall strictly enfoice Said jury shall also make such presentments as to general sanitary condition of the jaq and treatment of the inmates as th H facts may justify. It is the duty of the grand jury to inspect all the public buildings and other property of the county and coun ty records and to report in their general presentments, their condition. The law gives you also the power geutlomeD, to recommend the building of Justice court Houses in each militia district at a cost not exceeding $1(J0. Obstructing order of sentence after trial: Auy person who shall, by violence, threat of violence, or auy other means, hinder, obstruct or interfere with any sheriff, constable or their deputies, charged with the duty and engaged in the business of carrying out aud exe cuting the sentence or order of court, after trial of criminals, while they are in the custody of such officers, shall be punished as for a misdemeanor, or by imprisonment in the penitentiary for no. less tnan one nor more than four years, in the discretion of the court. This setcion shall in no way interfere with nor affect the penal laws relating to obstructing legal process before trial of the persons charged with crime, nor shall it free the officers aforesaid from penalties imposed by law for failure to discharge their duty.. Mr. Foreman:—The iutegral unit of government is the family, the sanctum, the sanctorum, the holy of holies in every true man’s heart is his home and mother, father, wife and children. They hold absolute title to and enjoy citizenship without need of any human laws. In the home center allour first interests and onr holiest affections. Radiating from thence comes next love for one’s neighborhood or his town, next love for ones conuty and immediate section, then love for our state and as the circle widens, love of country. Now, whether as judge, court, offic.-r, grand ju -y or citizeu, we are all inter ested in the welf ire of our county and should be devoted to whatever will con tribute to the happiness and best inter ests of its cit'z-ns for here rests the happiness of our several homes and our love t ones. And at this njy first term of court in th : B my owu conuty, 1 desire to sly to you as my fellow citizens, that it is my purpose sustained, I trust, by the Great Judge (the Judge of all the earth) to fulfil in the fear of God every line, every syllable, every letter of the solemn oath as Judge, I have called him to witness and asked his help to discharge. A similar oath you have this day taken and called upon the same power fci witness. In tfiis court all shall receive equally their rights and none shall have any special privileges. In the operation of a court, each of us, whether Judge, juror etc., has his share of duty to perform aud in the s me spirit that I off ir you mine. I ask your cooperation not only as grand jurors but as good citizms to aid me to enforce the law. For the co operation of every good citizen is required to make the law a success. Iu the common interest of our coun* ty, I feel that I can freely address you aud ask your cooporation, for we are alike interested iu whatever conserves to advancement of Jackson county and whatever appertains to enforcement of law and order (without, which there can be neither safety nor happiness in civq society.) As the first citizen of Jackson county, who has filled the judgeship, and as one proud of my citizenship, I feel that I represent you and the noble citizens of our common county as I discharge the duties of this high office, and if I shall be so fortunate as to gain auy honor in the performance of this trust, I shall experience gratification in the fact that I am thus enabled to reflect credit oa this noble old county among her sister counties, aud add my little mite at least to the houor of her past history. Many, if not all of you have happy homes, and your mind tnrns to them in all you do. By sustaining the lay, up holding the baud of the court, and aid ing iu the enforcement of the law you remove the temptation of evil example from your boys and insure the happi ness, comfort and protection of your girls. While fully conscious of the heavy re sponsibilities with which I have been entrusted I do not conceal the gratifi cation I feel iu the fact that I shall not discharge these duties among strangers, but among those who will gladly aid the court rot only from a high sense of duty but from friendly femi ig. Give me your cooper ttion and then we can best .show the interest we all feel isi a com no l co in ry bv diapatciug the public bisiuess of our c <u isy with economy to the overburdened t ix- payer, with convenience aud savin g of time to all who have to attend court;. A.d let us all acting together so en force the laws as to guaranty to every citizen, the riche’st and the poorest alike—to the humblest, as well as the highest, every right of life, liberty, health and reputation to which he is entitled under the constitution and lavrs of our state. Tetter, Sail-Rheum and Eczema The intense itching aud smarting incident to these diseases, is instantly allayed by applying Chamberlain’ 3 Eye and bkin Oiiltmeut. Many very bad cases have been permanently cured by it. It is equally efficient for itching piles and a favorite remedy for sore nipples, chapped hands, chilblains, frost bites and chronic sore eyes. 25c per box. Dr. Cady’s Condition Powders ar e just what a horse needs when in bad condition. Tonic, blood purifier 9r vermifuge. They are not food but medicine aud the best in use to put 9 horse in prime condition. Price -G a package For sale H. C. FoolCi Winder, GaJ