Union recorder. (Milledgeville, Ga.) 1886-current, February 15, 1887, Image 1

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Union recorder., February 15, 1887, Image 1

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Newspaper Page Textctm: , \r I T fFederal Union Established In 1829 [ j V 1J-. |SOUTHERN RECORDER 1819. | Consolidated 1872. Milledgeville, Ga., February 15, 1887. Number 356- nUIOH & RECORDER, , tinr and fifty cents n year In •one jH '' a J lg a for seventy-live cents.— six '“T.V not paid in advance. r» *-o f Jol. J*«8 M hmytiie,are ou- ^•VmShoS'' 'and the“BOOTHERN PF.II Ah AUHUSIlst, 187U, '‘"'Cf Hs For?y^hlr“ volume and leru?its iffty-Thlrd Volume. BROWN’S IRON BITTERS WILL CURE /\DACHE HGESTION IOUSNESS SPEPSIA RVOUS PROSTRATION LARIA ills and FEVERS LED FEELING neral debility [N in the BACK & SIDES >ure blood nstipation MALE INFIRMITIES eumatism URALGIA DNEY AND LIVER TROUBLES P SALE BY ALL DRUGGISTS e Genuine his Trade Mark and croned Rad , on wrapper. TAKE NO OTHER. •il G1886] 39 cw. ly (j. T. AVIEDENMAN, RCHANDISE BROKER, MlLfiEDUKVILLK, GA. fp in Bank Building. .11.1887. 27 tf )R. W. H. HALX is removod his otllce to the room lorineriy occupied hy Mr. Walter i lerk of Superior Court. (8 tf CUB W. EOBSBVBi itornoy-at-Xjaw Milledgeville, Ga. T attentlou given to all business in- edto Ills care. Ottlco in room l'urmcrly M. G. LAMPLEY, CRAYON ARTIST! in the U. G. M. & A. College, ism: CRAYON PORTRAITS from photographs, ons given in Crayon, Oil Kensington painting on ml satin. rders arid pupils solicited, jyj, ville, Jan. 4, '87. 20 3tu W. A. MOORE, " jus professional services to the peo« Milledgeville, Kuiilwin county and sur- , When not professionally - H ll be found during tho dav at his residence next door east of Masonic cville, Ga , Nov. lo, I860. 19 3m. WES’ wt CURE ■WASH and DENTIFRICE. '•',1 ,1 UI !! 8 ’ *i! oers > «<»re Month. Sore tin 1 Teeth and Purities the ail I recommended h.v leading den- ft, 1 o' J - *’• 4 w - K - Hoi.mes, „ n. ( ,a - lor Bale by all druggists •» iy. * Oft Told Story rinf! ar "‘ eaiclnal merits of Hood’s L, ls ful, y confirmed l.y tlm vnlun- n ' on .y of thousands who have tried •ir m the combination, proportion, ■i n il of it 3 ingredients, peculiar •mane care with Which it is put i,'“ lrsa I >ar illa accomplishes cures treparations entirely fail. Pccn- unequalled good name it has mado ls » “tower of strength It >1. \ ar in * ll ° Phenomenal sales 11 uned, °°d’s Sarsaparilla he * < !!?l! ar and successful medicine vintMso. ° today for l'urifylng tho Hertii (treating an appetite. ,nd -iKr!^™ ' v;, Kcfulness and low Wneck , whfc? ema ° n th ° back ,)f ielotti,. nr t 1 ' vas ver y annoying, ece'vori f Ilooda Sarsaparilla, and (■fill much be,u ' nt that I am Wdfm ,,, 1 “t^waysglad to speak P tt -i 3 1 medloine ” MM. J. 8. ■rottsviiio, Penn. jj rifi ® 8 the Blood Street, Kansas City, in. ® a an over I )la body for i. 1 od 8 Sarsaparilla completely ' von v ° £ lsnrtl1 Bloomfield, N. Y. | 1 |, 1 !' Ca ‘' s , Mtl > a terrible varicose bs, jT so batl that ho had to give arrii,i JV USCUred of the ulcer, and d ’ s Sarsaparilla sg? 8 ® 8 °ne Dollar 30 cw. ly CHARCEOF JUDGE W.F. JERKINS —TO THK— Grand Jury of Baldwin County. Mu. Foreman, and Gentlemen or thk (Irani) Jury: We have convened this morning in obedience to law to discharge the various duties devolved upon us. The same authority that has convened us has imposed upon the different de partments and officers of Court separ ate and distinct duties—duties, how ever, in their natures, equally impor tant and the performance of whicn is equally indispensible to the public weal. I may say, that, in my opin ion, no public functionary is ever call ed upon to perform higher or more important duties than those devolved upon ti grand juror, indeed, it may he said, with truth, that upon the faithful, upright, impartial and fear less discharge of the duties imposed upon grand juries generally, depend not only the neace and good order of society, hut the very existence of all healthy organized society. Under the natural law every, man was the arbiter of his own rights and wrongs. He judged his own case and provided his own remedy. This law afforded to him the greatest means both of aggression and of defence who possessed the greatest might. Under such law anarchy and turmoil were inevitable. But guided by in telligence and the better promptings of human nature, as well as impelled hy necessity, bodies of people, throughout the civilized world, from time immemorial, have surrendered their rights under the natural law and, by consent or compact, delega ted them, in a large measure, to a common head, with authority to pre scribe rules of conduct, commanding what, is right and prohibiting what is wrong—and, this, in its essence, is law. The people, of which we consti tute a part, have, under the compact formed, delegated many of their natu ral rights to a common head consisting, in part, of a legislative department, which has very wisely exercised the au thority thus conferred in the enact ment of rules of conduct looking to the protection of individuals in life, liberty, property, reputation and freedom of conscience, as well as to the peace, good order, morality and well being generally of those forming tlm compact. But rules however solemnly enact ed or expressly declared are nuga tory arul unavailing unless accompan ied hy some adequate means of en forcement. Recognizing this fact our people in forming their compact estab lished also a judicial or remedial de partment, and have invested it with complete authority and power not on ly to interpret and expound the en actments of the legislative branch, but to enforce and make effective all of the rights, of every individual, of whatever nature, arising therefrom, as well as all enactments looking to the welfare of the people as a whole. Of the latter or judicial department grand juries constitute a very impor tant portion and it is to such juries that society must look, in a very large measure for protection and redress against infractions of its Anal enact ments. The importance of your functions in this relation and your accountabili ty to the public for the preservation of tranquility, and the protection of life and property, is made more mani fest hy recalling a provision of the fundamental law of tho land, that no citizen shall he held to answer for a capital or otherwise infamous offense except upon the presentment or in dictment of a grand jury. Thus you and other similar bodies in other courts are constituted, by organic law, the peculiar and in a sense the sole gurdians of the rights of society upon the one hand ana of each indi vidual citizen composing it upon the other. Having been selected and sworn to serve as grand jurors of your county, during the present term, you have had imposed upon you not only high and responsible duties, hut to’ your hands lias been committed a sacred trust. That you will “diligently in quire and true presentments make of a 1 ! such matters and thingsas shall be given you in charge or shall come to your knowledge touching the present service,” that you will “present no one from envy, hatred or malice.” that you will “leave no one unpresent ed from fear, favor, affection, reward nr the hope thereof” and that you will “present all things truly and ns they shall come to your knowledge,”. I do not for a moment doubt. Having been selected under a strin gent but wise and wholesome jury law, on account of your uprightness and intelligence, as well as on account of your experience, it may be con fidently assumed that the trust committed to your hands will he kept inviolate. Your duties are of a two-fold na ture and demand alike, us they will doubtless receive, your most careful and unremitting attention. You have jurisdiction (1) to inquire into all infractions, within your county, of the penal laws of the state and (2) to investigate and report upon all matters appertaining to your county affairs. It is made my duty before you en ter upon these investigations to give you specially in charge certain sec tions of the code of laws, as well ns such other provisions thereof, as will tend to aid you in a correct and less irksome discliurge of your duties. GAMING. In obedience to the duty thus placed upon me I now invite your careful attention to the laws of the state against gaming. Gaming, in a general way, may be defined to be the “plaving of any game or device for tne hazarding of money or other thing of value.” Our laws against gaming or aimed at two classes of persons, (1) those who engage in gaming, and (2) those who encourage gaming in others, by furnishing the means and opportuni ties for carrying on the game. Then a person who keeps a gaming house or a gaming table or permits others to do so by renting a house, or room for gaiming purposes, whether he en gages himself in the game carried on, or not, is as amenable to the law as the person who does. That this is so is apparent from the language of sec tion 4538 of the Code, which is as follows: “If any person shall, by himself, servant or agent, keep, have, use or maintain a gaming house or room, or shall, in any house, place or room, occupied by him, permit persons, with his knowledge, to come together and play for money or any other valuable thing, at any game of faro, loo, brag, bluff, or ‘any other game or device for the hazarding of money or other thing of value,’ or shall knowingly rent or let any house or room, with the view or expectation of the same being used for such purpose, such person so offending, shall on convic tion be punished,” &c. Code (4540.) And so it is provided that “If any person shall hy himself or servant or agent, keep or employ any faro table, E. O. table, or A. B. C. table, or roulette table, or any other table of like character, and shall, either by himself, servant or agent, preside or deal at any faro table, or use any E. O. or A. B. C. or roulette table, or other table of like character, for the purpose of playing and bet ting at the same, such person, or his servant or agent, 60 offending, shall on conviction he punished,” &c. And it matters not whether the ta ble, or device, is kept hy the ownor or by another for him as agent or ser vant, all who participate in keeping such table or device, whether as own er, agent, or servant, are principals in the crime and equally guilty under the law as they are in fact.. 40 Ga., 692. Code (4541.) Another section of the code is aimed directly at those who play and bet and is in this language— “If any person shall play and bet for money or other tiling of value, at any game of Faro, loo, brag, bluff, three up, seven up, poker, vingtun, euchre, or any other game or games payed with cards, or shall play and bet for money, or other tiling of val ue, at any E. 0. or A. B. C. table or at any other table of like character, or at any roulette, or rouge et noir, or chuckluck, or any other similar game of chance played with dice or cards, or halls, or sliail bet at any game of nine pins, or ten pins, or any other number of pins, or any billiard or pool table, such persons, so offend ing, on conviction shall he punished,” Code (4544.) It is made a special of fence for any person to gamble with the officer or agent of any bank en trusted with any of its funds, or with any clerk in any post Office. The laws against gaming to which I have called your attention are wise and wholesome provisions against that vice generally. Code (4542.) There are yet other laws upon this and kindred subjects designed for the special benefit and protection of minors and these furth er provisions I now give you in charge. It is made a special offence for any person keeping any table or dealing at any game to permit a person under 21 years of age to play and bet there at or for any person of full age to gamble himself with a minor. Code (4539.) While it is true that liquor cannot be lawfully sold in your county and hence there can be no re tail liquor shops, I .think it well to give you in charge another section of the Code looking to the protection of the young, in order to demonstrate the solicitude of our law makers, touching this vital matter—the re moval of temptation from those whose habits in life are unfixed and whose powers of resistance to temp tation have not been strengthened by combatting and overcoming evil. “If any retail liquor dealer or clerk in the employ of such retail li quor dealer, shall knowingly permit or allow, any minor or minors to play at any game of cards, or at any game whatsoever, in tlie playing of which cards or dice are used, in the house in which such retail liquor dealer carries on his business of retailing spirituous liquors, or in any room connected therewith and under the control of such retail liquor dea’er, such retail liquor dealer and his clerk, so offend ing shall, on conviction, be pun ished,” &c. Code (4540 a.) And so “no person or persons, by himself or another, shall sell or cause to he sold, or fur nished, or permit any other person or persons, in his. her or their employ to sell or furnish, any minor or minors, spirituous or intoxicating or malt liquors of any kind, without first ob taining written authority from tlie parent or guardian of such minor or minors, and such person or persons, so offending, shall, on conviction, be punished,” &c. Code (4540 h.) It. is not lawful for any person to give, sell, lend or fur nish to any minor any pistol, dirk, howie knife or sword-cane, unless un der circumstances justifying their use ill defending life, limb or property. Code (4540 c.) Nor for any person carrying on either hy himself or an other a bar-room or other place where spirituous liquors are sold by retail to be drunk on the spot, to employ any minor in such bar-room or other place. Code (4543). Nor shall the owner or person controlling any billiard ta ble or ten piii ally permit any minor to play or roll thereon without the consent of the minor’s parent or guar dian. These laws against gaming general ly and the provisions for the benefit,‘of minors, to which I have called your attention, are intended to protect the public morality and are among the wisest and most wholesome to be found in the penal code. To violate any of them subjects the offender to indictment. They meet the cordial approval of all good people, the ap proval of every person who values f rnblio or private morality. Especial- v do they commend themselves to those who would aid the young in their efforts to become upright, mor al and useful citizens by removing from their paths some of the tempta tions and allurements which so often beset them. Code (4547.) Returning to the sub ject of gaming, I call your attention to a provision Intended to aid in the enforcement of the law already given you in charge. Any lawful officer, with legal au thority, may break open suspected rooms, or houses, where it is common ly known that gaming is carriedonand may take .any persons found gaming and bind or cause them to he bound over to the next Superior court, and if such persons fail to give security for their appearance at court they may he committed to jail. Code (4545.) And further in aid of the enforcement of these laws it is provided that on the trial of any person charged with gaming of any kind or with keeping a gaming house or table, any other person who may have played at the same time or at the same table, is a competent wit ness and compelled to give evidence, and nothing said hy such witness shall ever be given in evidence, in any prosecution against him. So, if you have reason to suspect that any persons, in your county, are amenable to the laws against gam bling, send for any number of them, if you think necessary, and make wit nesses of them against the others. You iiave this extraordinary power and means of ascertaining the facts in audition to such other evidence us may he available. The laws against gambling are stringent and the means of enforcing them ample. If gamin*,- iR carried on In your county and the offenders go unpun ished it is no fault of the law. So too if the youth of ycur county, become corrupted and addicted to the vice of gaming or to the habit of using intoxicants the responsibility must rest elsewhere than upon the law. 1 have called your attention to the laws against guming generally und some provisions on other subjects de signed to protect the young in the same connection, somewhat, because they hear close relationship. Before 1 leave this important sub ject I will very briefly recapitulate the safeguards thrown by law around this class of our people. A minor, by law, cannot play at any game of cards or dice, whether for money or mere amusement, in a house where liquor is retailed; no minor can he employed in a bar room, whether by his parent’s consent or not; a minor cannot be furnished with u deadly weapon, ex cept for defence, he cannot play at billiards or ten pins, without his pa rent’s consent, nor can he be furnish ed with liquor without his parent’s written consent. Without, such con sent a person cannot lawfully sell or give liquor to a minor for auy purpose whatever. It may be worth while to digress a moment to call your attention to cer tain laws not penal intended to aid in tiie suppression of these evils. By law, the father, or if lie he dead, the mother, is given a right of action, on the civil side of tlie court, for dama ges, against any person who sells or furnishes liquor, without authority to a minor, or who plays und bets with a minor, fit any game of chance, for money or other thing of value. Bo too the criminal laws against gaming with adult people are supple mented hy those allowed on the civil side of tiie court. It is declared that, all gaming contracts are void and all evidences of debt or incumbrances or liens on property, executed upon a gaming consideration, are void in the hands of any person. Money paid or property delivered up upon such consideration may he recovered back from tiie winner hy tiie loser, if lie shall sue for the same in six months after tho loss, and after the expiration of that time, it may he sued for hy any person, at any time within four years, for the joint use of himself and the educational fund of tiie county. CARRYING CONCEALED WEAPONS. I am required to give you especial ly in charge the law against carrying concealed weapons. The importance of the law itself, as well as the fact of its freqcent violat on, make it proper that it should receive at your hands the most earnest consideration, and that you should devote yourselves care- fully to the duty of ascertaining who has infracted it. That it has been violated and that it is at this moment being violated by persons now in this building there can be no possible doubt. The habitu'd infraction of this law, hy a largo percentage of the people, constitutes onejof the crowning evils of the land. Indeed if I was called upou to enumerate what in my opinion con stitute tho four great overshadow ing evils of the day I would enumer ate them as follows: 1st, The legal and Illegal sale of liquor, 2d, the prats portion of our male population of car- together with such as grow either directly or indirectly out of them, curse the land. To prevent all of them, except deal ing in futures, there is ample remedy if the courts and juries will perform their respective ditties. I say there is no criminal remedy for preventing the evil of dealing in futures because the legislature has affixed no penalty thereto other than to make such con tracts null and void. The supreme court, however, has declared them in most emphatic terms to be ga contracts and against pubflo and the public good. (71 Ga. 400.) But to return to the subject of car rying concealed weapons. “If any person shall have or carry about bis person, unless in an open manner, and fully exposed to view, any pistol, dirk, sword in cane, spear, howie knife or any other kind of knives manufact ured and sold for the purpose 6f of fence and defence” ho does so In Vio lation of the law. While it is, and should be the con stitutional right of every free people to keep and;bear arms, the legislature is authorized to prescribe the manner in which they shall be borne, and has wisely exercised that power in the en actment of the law to which I have referred, requiring them to be borne in an open manner and fully exposed to view. Temptations to violate all law be comes aggravated and more irresisti ble wiien alt of the means, appllunces, and opportunities for the accomplish ment of its breach are at hand. Thus, a person suitably armed, would in the heat of passion, or under circum stances of strong, or even slight prov ocation, take tne life of his fellow man, who would not deliberately, af ter the emergency arose, provide him self with a weapon necessary to ac complish the fatal act. A deadly weapon can never be law fully used, save in defence of certain rights recognized hy law. Defence, hy tiie use of such weapon, against one who manifestly intends by vio lence or surprise to commit a felony, is, when unavoidable, both right and lawful, But while this is true it must- be remembered that the necessity for such defence is diminished just In pro portion as the means of aggression are diminished. Tlius, when a per son, who, hy Jaw, is kept unarmed, seeks to become an aggressor, lie may be and oftentimes would be, success fully resisted without resort, or a wish to resort, to the use of a deadly weapon. Few people will habitually wear a pistol or other deadly weapon, in an open manner and fully exposed to view. To enforce the law against the secret carrying of such weapons about the person is, in effect, to ban ish them to the abodes of the people, where they rightfully belong. It is It is tho most cherished righfi svw vouchsafed by human law. JHhNfc only should every citizen have, a» feu- does have, regardless of law, tka»- rlght, privately, to worship God ac cording to the dictates of his own, cow science, but he should have the iMbt to do so publicly and free from a!? molestation or harm. Tiie go vena went that does not both recognize tUb right and vindicate it is unwortfev the allegiance of its people. It warn the love of religious freedom, pa hApg, wore than all other things, that planted upon our shores- thoae- oolonies from which have sprung;, naft Ol ’y tiie greatest republic but tfev freest and most progressive people aff earth. In obedience to the spirit of the constitution upon this important sub ject the legislature lias declared that it shall bo unlawful for any person By cursing, or using profane and obeoemt- language, or by becoming intoxicates^ or otherwise indecently acting, took terrupt, or in any mannerdisturh congregation of persons lawfully as-- -•einbled for divine service. This pras- tection of the law is extended froaa the time the congregation begins t» assemble and lasts throughout tfeu- servioe and until the congregation hav dispersed. It was intended to cow every form of divine service in wluahb a congregation can engage and fee- reaoh every place at which people i lawfully congregate, whether bent A shelter or in open air. tyly observation is that the frequent infractions of this law, our among the colored people. J while this is true, I have noticed m most laudable effort upon the park ad the ministers and officers of the eaft- ored churches to preservo order uadi proper decorum at their services fund. to enforce, at least, a formal obeec- vauoe of the rules of propriety gentility on such occasions. They are entitled to receive at your honda. as they doubtless will, all the eo-otmr- atlon and aid needed to curb the uvir- less and irreverent. 'I Peddling. I call your attention to one otlucn matter, not required to be givers it* charge, but because it is iuiportnxA under the view I take of it and tlxtfk is the matter of peddling. A large number of disreputable characters, many of them from parte, unknown, are infesting the countrg.- underthe guise of peddlers. All erf the arts and devices known to profiaa- sional tricksters are resorted to, fcu induce the uninformed and unsuspert. ing to purchase articles not needed, and oftentimes worthless, at the inroad exhorbitant prices. Most persons ordina,rify, will buy as manv goods-a wmT^ •* - ' <or vou, as grand jurors, to suy wheth er this law shall be enforced or set at naught in your county. WATER AND LIGHTS ON RAILROADS. It is also made my duty to give you in charge that section of the code which makes it the duty of railroad companies to keep in each passenger car, or in any car in which passengers are transported, an adequate supply of good, pure drinking water at ail hours during the day and night, and lights during tne night, for rlie use of passengers. For neglect of this duty, tiie officers of the company are crimi nal I y liable. FORESTALLING, REG RATING, AND EN GROSSING. I call your attention also, as I am required to do; to the offenees of forestalling, regrating and engross ing. These are offences against pub lic trade, and may be defined, in a general way, to consist of Any effort to enhance the common price of food, or other articles of necessity hy buy ing up, and holding such articles in such quantities, and by- such means as will effect the market to tho fair trader. Ruch conduct is criminal and maybe punished. SELLING LIQUOR TO ONE WHO IS DRUNK. It is also made an offence, and I am required to so charge you, for any one to sell or furnish liquors, in any quan tity, to any person who is at the time intoxicated or drunk. As liquor cannot he sold at all in your county, lawfully, it is unnecessa ry to consume time in doing more than to call your attention to the statute. DISTURBING RELIGIOUS WORSHIP. There is another statute which I am required to give you in charge, look ing to the protection of those who en gage in divine worship, and I may preface the words of that statute by saying that it is declared by the organic law of the State, that all men have the natural and inalienable right to worship God, eacfi according to the dictates of his own conscience. This provision of tho constitution, solemnly ordained hy the people of tiie whole State, in the exercise of their right of self-government, was intended to secure to every citizen, of every claws and condition, perfect freedom in tiie enjoyment of what is incomparably the most important, as aOJflf>vJ*«<iamican he paid for, without being heseiged at their homes ami? will buy from persons better knew** for fair dealing than those who de part from the usual course of trade Sr>jv making visitations from house te house. Under the law no person (exceffe' disabled Confederate soldiers) is ni lowed to peddle without license ax*ft any one violating the law in this gard is liable to prosecution and should be prosecuted. Before a In cense can be legally issued the apiili cant is required to furnish the On* narv satisfactory evidence of goo# character and take the oath require** by law. Vagrants. In this connection, 1 call yonr nil tention to the law of vagrancy. “All persons wandering or strolling about in idloness, who Are able- work and have no property to sni-i- port them; all persons leading idle, immoral, or profligate life, win* have no property to support Ihetnn- and who are able to work mid wleu do not work; all persons able to work, having no property to support tiietv^ and who have not some visible ttraff known means of a fair, honest luvtf reputable livelihood; all persons luv** ing a fixed abode, who have no vl»a ble property to support them osm* who live by stealing, or hy trading bartering for or buying stolen prof* erty, and all professional gamble**., living in idleness, are deemed and cuts sidered vagrants,” and are iudictaJj*i- as such. These comprise all of the penal laws which I am required to give y-o» specially in charge. 1 now give ytm in charge generally, and without enumerating them, all of tiie remain ing penal laws of the State. It a* your duty diligently to inquire (unit true presentation make of all viola tions, whatever, of law, in your count tv, whether the offence be against the nerson, the property, habitation public justice, the public peace--und tranquility, public morality, heaUJi or decency. Upon you lias been con ferred extraordinary and excltisiw rights and powers and upon you rest corresponding duties and obligations,. If the law has been violated, so say, by your action and let the offender b*- brought into court to answer to t-lw country. COUNTY MATTERS. As already stated your investi gations should extend beyond an in quiry into the infractions of tiie pe nal laws and should go to the bottuan of all of your county affairs. CLERIC, ORDINARY AND TREASURER. Your duties in relation to three d your most important County officer® may he learned, in a general w«y, from the reading of a single sectitw* of the Code (3920.) if is as follows: “In addition to the duties of tb* grand jury, as indicated in the ou.tk (Imiuistered to them, and as requires ■ >y law, it shall he their special duty., from term to term, of the Superaw CONCLUDED ON 4TU PAOB.