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About Wilkinson County news. (Irwinton, Ga.) 1922-2008 | View Entire Issue (Oct. 1, 1925)
Wilkinson County News. IRWINTON, GEORGIA. A. K. SMITH Editor and Publisher m». HUBBARD Founder and < Editor. v.nciai Organ Wilkinson Count;). _ Mr*. A. Gibbs, Representative for The News, at Gor don; Georgia. Entered at the Post Office at Irwinton, Ga., under the Act of Congress of March 3rd., 1879, as second class mail matter. Subscription: One Dollar per Year Payable in Advanco THE RIGHT OF TRIAL BY JURY By Eli B. Hubbard Origin of such trials. The origin of trial by jury in not traceable to any single legislator or any particular period. It seems to have had its origin in some primitive customs of Northern Euro pean races, and received special development from differ ' ent nations. It seems that the right of trial by jury existed only as a matter of customs, until 1259 the Barrons of England wrested from King John that famour writen declaration of Englishmens rights, known as Magnr. Charta. This great document declares: That no Free man shall be taken or imprisoned bf disseized or outlawed or banished or in any ways de stroyed, nor will the King pass-upon him or commit him to prison unless by the judgement of his peers or the law of the land. This is the right that our forefathers brought with them when they came to this wilderness and by their love for those broul the dangers of the savages and the wild beasts and slayed the mighty forest and set up here a government of the people, by the people, for the the peo ple, and in that Bill of rights of the constitution of the United States they solemnly declare: Art. 6 U. S. Sonstitution. “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law”. The Constitution of 1877 as adopted by the people of this State provides. Art. 5, Sec. 16, Par. 1,: “The right of trial by jury, except where it is other wise provided by this constitution, shall remain invoilate”. Art. U I, par. 5, provides: Every person charged with an offense againse the laws of this State, “Shall have a public and speedy trial by an impartial jury”. OF WHOM SHALE THIS JURY CONSIST? By the Anglo-Saxon's a person who was accused of crime was permitted to summons twelve of his neighbors called compurgators who swore to his innonce. This was the origin of an instituit nowhich took settled and vigros form after the Norman conquest. Therefore the first jurort were the accused’s neighbors. During the period when the Feudal system was in its glory in England, it was then that the lords of each Manor was the legislator and judge over his feudotist, but even then his tanants were allowed to select a jury from theii fellow tennants. * Then comqs the great Magna Charta, which declares: “That the jury shall be the peers of every freeman”. (Andrews Stephens on pleading 261) “ It is a matter clear bey*ond dispute, that the jury facts, or at least in some measure personally cognizant of anciently consisted of persons yho were witnesses to the facts, or at least iHTsome measure personally cognizant of them; and who, consequently, in their verdict, gave not as now, the conclusions of their judgement upon facts proved before them in the cause but their testimony as tc facts which they had antecdently known. Accordingly the venire facias issued to summon a jury in those days, did not, as at present, direct the jurrors to be summoned from the body of the county, but from the immeadiate neigh borhood where the facts occured, and from among those persons who best knew the truth of the the matter”. This was the law that our forefathers brought with them to this great country when chey came and settled this state. And when those immortal meh were denied the right Os trial by jury of the "vicinage and transported to Eng land for trial they said that a constitutional right had been violated and so declared in the decaration of indend endence. They contented that when they came to this country that they brought with them the laws customs ahd'rights which they enjoyed in the old world, that is the right of trial by a jury of his neighbors. Therefore when they adopted a constitution they said: 6, U. S. Const.: ’ - By jury of the State and district wherein the crime shall have been committed. The Acadicary Act of 1799 provides: Sec. 28 All Free male white citizens, above, the age of 21 years, and underl6 years are declared to be qualified and liable to serve as peti jurors forth trial of all civil jury for the trial of- treason etc., etc., who shall not be qqUalified to vote etc. Article 6, Sec. 18, Par. 2 State Constitution provides: The General Assembly shall provide by law for the selectin of the most experienced, intelligent and upright men to serve as grand jurrors, and intelligent and upright men to serve as traverse jurors. In pursuance with this constitution provision the. General Assembly has enacted: Sect. 811 P. C.: “All Male Citizens of this State, above the age of twenty- one years, being neither idiots, luniUcs, nor insane, who have resided in the county for six months proceeding the time of serving and who are the most experienced, in telligent, and upright persons, a? hereinafter provided are qualified and liable to serve as grand jurors, unless ex empted by law. Section 819 provides: The jury commissioners shall revise the jury list, and shall select from the books of the tax receiver upright and shall write the names of the persons so selected on tickets as required by law. They shall select from these a suffi cent number not exceeding, two fifths of the whole num ber, of the most experienced, intelligent and upright men on serve as grand judors, whose names they shall write on other tickets. Tthe entire number first selected, in cluding those afterwards selected as grand jurors, shall constitute the body of traverse jurors for the county to be drawn for service as now provided by law, except that when in drawing jurors a name shall be drawn as a trav erse juror which has already been drawn for the same term as a grand juror, such name shall be returned to the box and another drawn in its stead. In the case of Pollard vs. State 148 Ga. page 450 the court said: By the common law all persons are to be tried by their peers. This privelege is guarnteed by the constitu tion to every citizen of this State. How then, is this fun dermental principle in criminal trials to be secured? “By holding every citizen of the county, qualified by law to serve as a juror, compitent to be presented on the array by the sheriff, and it is then for the accused to select twelve for his jury, who from situation, condition in life, education, morals, employment and other circumstances he shall feel to be his equals. The court further says: So far as material .here, the pannel or. array, when drawn by the trial Judge, must be indifferently chosen and from the whole body of the ci tizens of the county qualified to serve as jurors. The court further says in discussing the principle de cided in the Boone case, the Rouse case, and the Woolfork case, that the right of trial by jury, as guaranteed by the constitution of this State, Is the right to select a jury from a pannel or aray of jurors indifferently drawn from the whole body of qualified jurors of the county. The court further says on page 453: “The petit jury box contains the name of every grand :u:or as well as the name of every petit juror in the county. WHO DETERMINES THE COMPTENCY AND QUALI FICATION OF JURORS In ancient times the dependent him self. By Sec. 39 of the judicary Act, the Clerks of the several courts were required to correct the several jury lists annually, by “particulary specifying”, in distinct colums, the persons most able, discreet, and qualified to serve as grand jurors, and the Clerks wore further re quired to fairly enter the jury list in » book for that pur pose, distinguishing in seperate colons the persons select ad to serve as grand jurors and those for the trial of crim inal and civil cases etc. etc. By the Acts of 1878 the power of reviseing the jury list was vested in a Board of Jury Commissioners, and this act, with certain amendments in section’s 813, to 21 inclusive. This Act only provides that the list shall be revised by the jury commissioners, that is, the jurylist as they existed at the time that the law was created. To Revise reexamine for correction to go over a thing for the purposeof amending, correcting, rearrangeing, or otherwise improving it, as to revise a statute or judge ment,Blacks Law Dictionary. POWER OF JURY COMMISSIONERS The jury commissioners arc, under our law, the ,'udge of the qualifications of the citizens to be placed on uhe jury lists and the jury boxes of the county. Neither -he opinion of witness nor of judges can over ride their liscrection when legally exercised. This is the law as laid down in the cases of Dickens fs. State 137 Ga. page 523; Wilson vs. State 69 Ga page 224-238;, Thompson Vs.'State, 67 Ga., page 460 (l)-463; and. Campbell vs. State4B Ga. 853, 356, cited in the case of Pollard vs. State 148 Ga., page 453, but this law as commissioners have legally exercised that discreation, and .s not binding when, the jury commissioners testify that -hey have abused that discretion. In order to determine the powers of the jury commis siosners, as conferred upon them by the statutes of this State it is necessary to review the history of jury trials is out lined in the authorities that I have just cited, and ;hen to strictly construe the statutes vesting the power in the jury commissioners to revise the jury lists, and we sum up as follows: iofhistorytheew oqqalionroßßehfl92i—crdTrutherjoCa First: The neighbors of the defendent were selected by him. Second: By Magna Charts the peers of the freemen. Third: We reasonably infer that when our ancestors came to this country all freemen names were placed in the jury boxes and on the jury lists. Fourth: This list of names by the Act of 1799, was classified by t|ie Clerks of the several courts. Fifth. This list and the jury box as originally made shall be revised every two years by the jtiry commission ers is the law of to-day, and we now come to the construe ing of the Act creatihg the jury commissioners and what are their powrs and dutes ? Lets us bear in mind that all male citizens of this State above, the age oftwenty-one years, being neither idoits .lunatics, nor insanf,who, have resided in the county for si* months next .proceeding etc; names were in the pnd op the jury lists, ; REVISE. This list as it existed at the time of the passage of the Act creating the jury commissioners and prescribing their powers and duties, are to be revised two years. Section 819 of theP. C. Provides: “ The jury commissioners shill revise the jury list, and shall select from the books of the tax receiver up right and intelligent men to serve as jurrors etc, etc. This Act confers upon the commissioners the power only of revising the jury list, and does not vest them with the power of discriminating against citizens of the county, whom in their judgement are qualified jurors under the law, and when they omit from the jury list two-thirds of the citizens of the county, who are in their opinon quali fied jurors of the county, they are illegally exerciseing a discrection, and exerciseing a power which the law does not confer on them. It is the intention of our law to distribute jury duty among the citizens of the county, provide for rotation in jury service, and is merely directory as decided by the sup reme court in the case of Rafe vs. State 20 Ga., page 60, but the supreme court says in the Pollard jcase 148 Ga., page 453 in citing the' Rafe Case: Obviously, however, a disregard of the essential and substantial provissions of the statute will have the effect of vitating the array. The court in the Pollard case says further :The jury must be selected from the whole body of jurors qualified by the law as such. It is not within the power of the judge to limit the numberfrom which he shall make his selection. If the judge has not the power under the law to limit the number of jurors from which the defendent shall se lect his jury certainly the jury commissioners have no such power, arbitrarly exercised. In the case of: Malone vs., State, 49 Ga. page 211 (6) The court said: A chalange to the array of jurors put upon the defendent on the g vi d that the various pannels have been drawn from a box containing the names WILKINSON COUNTY TAX LEVY in-Re: Tax Levy For County and School Purposes. in the Court of Commissioners of Roads and Revenues of Wilkinson County, Georgia, September Term, 1925. _ Whereas, It appearing to the Board of Commissioners of Roads and Rev enues of Wilkinson County that the expenses of operating said County,' therein requires a levy of Twenty five and No. 100 on the Thousand Dol lars of the taxable property of said county for the year 1925; it is, there fore, ; Ordered, That Twenty-five Dollars m the Thousand of each One Thous of 1925 be and the same is hereby md Dollars worth of the taxable property of said County as per digest levied, and the Tax Collector of said County is hereby ordered to collect the same for the following purposes, to-wit: ITEM 1. To pay the legal indebtedness of the County due or to become due during the year or past due the sum of five cents on the ($100.00) One Hundred Dollars. ITEM 2. To pay for building and repairing the court house, jail, bridges, ferries, ind other public improvements, One Sixty-seven and 1-2-100 Dollars on the ($100.00) One Hundred Dollars. ITIiM 3. To pay Sheriff’s, jailers and other •fficers fees that may be legally en (6 cents) on the ($100.00) One Hund red Dolloras. e ITEM 4. To pay Coroners fees that may be iue r them by the county for holding inquests, One eighth of one cent (1-8) of one cent one the One Hund red Dollars. ITEM 5. To pay the expenses of the county witnesses in criminal cases, fuel, ser /ants hire, stationary and the like, for Bailiffs at Court, non resident two cents (2 cents) on the One Hund red Dollars. ITEM 6. To, pay jurors a per diem compen sation. three cents (3 cents) on the One Hundred Dollars. ITEM 7. To pay for the legal expneses of supporting the poor of the county is provided by law, twelve and one lalf C^nts on the One Hundred Dol ars. ITEM 8. To pay for working, repairing apd naintaining the public roads of said county, forty cents (40 cents) on the One Hundred Dollars. ITEM 9. To pay any other lawful charge against the county eight and seven eights cents (8 7-8) on the One Hund red Dollars. ITEM 10. To pay the salary of County Po lice and their expenses, five (five) cents on the One Hudred Dollars. Whereas, The'Board of Education having recommended to the Board that a levy of five mills on the dol lars of the taxable property of the county for school purposes for the use of the public schools of the County for the year 1925; it is, Ordered; That five mills on the lollar of each dollars worth of the taxable property of the county, be . and the same is hereby levied for the year 1925, for school purposes for ‘he public schools of the county, and Whereas, The Board of Trustees of Gordon School District of said Count} having recommended to the Board ' a levy of fivi millse bn the dollar of : ‘he taxable property of said school. J district for maintenance of said 1 school and a further sum of six milk s F or retiring bonds and paying inter est thereon, it is, therefore, 1 Ordered; That five mills on the 1 foliar of each dollars worth of the ‘ ‘axable property in said . Gordon 1 School District be levied for mainten •mce of said schools and six mills on I the dollar for retiring bonds and pay- « 'ne interest thereon for the year c 1925, and, Whereas, The Trustees of Tooms-, boro School District having recom mended to the Board that a levy of 3 1-2 mills on the dollar of the tbx- 1 1 of only 1000 persons. Whereas, the number of the county subject to jury duty, from whom he has a I to select amounts to over 4000 was properly overru where no proof was in support thereof. We justly draw the conclusion that if the allegs made in the exceptions had been supported by '>roof the court would have held that the challange shauld been sustained. It is a reasonable conclusion that under the his if the of the jury law in this State and as it existed a common taw that every man in the opinon of the jury the jury law in this State and as it existed at the con taw that every man who is in the opinon of the jury missioners qualified to serve as a juror his name si be in the •jury box andon the jury list of the county, conclusion is supproted the expressions used by th] preme court in passing on question similar in prill when it- says: “the whole body of jurors qualified b law to serve as such”, and in the case of: Pollard vs State 148 Ga., Page 447 (1)' The court says: “The right of trial by jury, as guarnteed by art Sec., ( 16, Paragraph 1, of the Constitution of this * involves as a necesstry and indispensable prequesiS right of one indicted for felony to select the jury f< trial of his case from an array or pannel indiffel drawn or chosen from the Whole bady of citizens, ar from a restricted number thereof, qualified to sei jurors for such trial. Further in support of this contention, the legis : has made a solemn declaration as to the number o zens whose names should be placed in the jury box on the jury lists, in section 872 of the Penal Code, w as follows: able property of Toomsboro School District be made for retiring bonds and paying interest on same and 2 1-2 mills on the dollar for maintenance and support of said schtool, it is, therefore, Ordered, That 3 1-2 mills on each dollar of the taxable property of the Toomsboro School District be and the same is hereby levied for the . purpose of retiring bonds and paying interest thereon for the 'said Dis trict and 2 1-2 mills be and the same is hereby levied for the maintenance of said school for the year 1925, and, Whereas, The Board of Trustees of Mt. Carmel School District having recommended to the Board that a levy of 2 mills on the dollar of each dollars worth of taxable property of Mt. Carmel School District be 1<” ed for the maintenance of said school for the year 1925, it is, Ordered; That two mills be and the same is hereby levied on each dollars worth of the taxable property of said Mt. Carmel School District for the maintenance of said school for the year 1925, and, Whereas, The Trustees of Irwinton School District having recommended to the Board that a levy of i.. mills and also that 5 mills be levied for the purpose of retiring bonds and paying interest on same for the year 1925, it is, Ordered, That 5 mills be and the same is hereby levied on the dollar of each dollars worth of the taxable pro perty of said Irwinton School District for maintenance of said school and the sum of 5 mills on the dollar for retiring bonds and paying interest cn same for the year 1925. In Open Court this .the Bth day of September, 1925. Witness our official signature this the first day of September, 1925. R. E. EVANS, E. O. SMITH, W. C. DENNARD. Commissioners Roads and Revenues Attest: ELI B. HUBBARD, Clerk. CITATION Administrator’s Advertisement of Sale of Land. GEORGlA—Wilkinson County. Under and by virtue of an order from the Court of Ordinary of Wil kinson county, will be sold at public outcry, on the first Tuesday in Oc tober, 1925, at the court house door in said county, between the legal hours of sale, the tract of land in said county, and described as follows: One hundred and forty-five acres of land lying, being and situated in the 331st district, G. M., Wilkinson county, Ga., and bounded as follows: On the North by Bobb Lee; on the South by the lands of Mrs. J. J Brooks; on the East bv the W. S. Myrick place, and on the West by Jack Francis. Said land will be sold for the purpose of paying the debts of the deceased and for the division among the heirs at law. Terms of sale cash. R. M. SANDERS, Admistrator of the Estate of Mrs. Daisy Sanders, Deceased. CI^TION > GEORGIA- -Wilkinson County. Under hand by virtue of an order from the Court of Ordinary of Wil kinson county, will be sold at public outcry, on the first Tuesday in Oc tober, 1925, at the court house door in said county, between the lega hours of sale, the jtract of land in said county, and described as f ellows Four hundred and forty five acre: located' in Turkey Greek district more or less, and adjoining the lands of W. C. Williams, I. A. Adams, Mrs E. McNair and J. E. Porter, Jr. Said land will be sold for the pur pose of paying the debts of the de ceased, J. L. Williams, and for the division among the heirs at law. Terms of sale, Cash. This the 6th day of Sept. 1925. P. C. WILLIAMS, Administrator of the Estate of J. L Williams. Which list shall contain the names of not les: two-thirds of the upright and intelligent citizens county. CITATION GEORGlA—Wilkinson County. Daisy Adams Brand, vs. 1 Brand., To.thhe Sheriff of Said C< eeting: The defendant, Wprth Bran hereby cited and required pers' or by atorney to be and appea the Superior Court to be hel di so/ said County on the sth da October, 1295, then and there to answer or defensive allegation writing to the plaintiff's libel,' default thereof the court will ] according to the statute in suc( es made and provided. Witness the honorable Jam^ Park, Judge of said Court, this 27th day of August, 1925. ALEX S. BOONE, Clerld STATION GEORGlA—Wilkinson County. 1 To Whom It May Concern: Notice is hereby given that Cobb, of said county has applj me for Permanent Letters oJ ministration on the estate of I Nichols, deceased. Said anplil will be passed upon at the rl term of the Court of Ordinal said county, to be held on thl Monday in October, 1925. Thil tember 6th, 1925. J J. E. BUTLER, Ordin] Wilkinson count] CITATION GEORGIA, Wilkinson County. I To Whom it May Concern: I Notice is hereby given that r| wick of said county, has applied! for permanent letters of admiil tion on the estate of Mrs. B. Wal deceased. Said application vl passed upon at the regular tel the Court of Ordinary of said <| to be held on the first Monday I tober, next. This Sept. 5, 192 J J. E. BUTLER, Orel Wilkinson county, G^ FOR RENT OR SALE I Farm Lands In Wilkinson Col James Roy Rawls Place—J acres of land lots numhersdn 222 in the 2nd district. Ninel south of Toomsboro. James Roy Rawls Place—44ol of land lots numbers 218,219, 2a 292. Nine miles south of Toonl Apply to HOWARD M. SMITH & COMM Macon, Georgia. a Brooklyn, N. Y — Officer S writes“ Some years ago I str from severe nervousness, brougi by acidity of the atom- ___ ache. I could digest but very little food.— ® was rapidly losing W weight and feeling fl miserably. 1 tried Tutt’s Pills and the first dose gave me great relief. I con tinue to take them as directed and am glad /sS to recommend them MV to all my friends who * have useu them with most gra| M resuita-'’ ‘ At all oruggiaw. 1
