Newspapers / The Daily Record (Dunn, … / Oct. 2, 1952, edition 1 / Page 8
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PAGE EIGHT Doffermyre Cites Law On Jury Trials Continued From Page One) why all the hubbub about the jury trials in Dunn is hard for the av erage citizen to understand,- is hard for many others, who know some thing about legal matters, to under stand either. For the truth again of the matter is that Judge Str ickland is not refusing a jury trial to anyone but is simply giving a change of value to the cases vol untarily without any request from the defendant. The defendant gets a trial in Lillington instead of Dunn.” This statement is without i merit or foundation and absolute- I ly incorrect. I agree that it is dis- ] ficult for some people to under- j stand the technicalities of our j judicial system, while a lot of the coni' sion is caused by people at t°"'ntin" r to write articles and ex plain things that they, themselves, ki. ,w nouung about. I, therefore, think it fitting and proper to look at the jury system as it relates to our judiciary. CITES ORIGIN The jury system is explained and derived from the Fifth and Four teenth Amendment to the Constit ution of the United States which relates to the due process of the law and equal protection of the law. Attention is called to the ecclesiast ical laws which provide: "No man shall be deprived of his Fief, but by the laws of the Empire and the judgment of his peers." The Magna Carta or Great Charter, to which the English Bar ons forced King John to affix his Seal on June 5. 1215 at Runny mede. provided, among other rights, j that “no free man shall be taken or imprisnoed or disposed oi. or outlawed, or banished, or in any way destroy or will we go upon him or send upon him except by the legal judgment of his peers or by tlie law of the land. During the next two centuries, the English Kings reissued and confirmed the Charter with minor . changes as to the form. It was in ! LISTEN! “THE ERWIN MILLS PROGRAM SUNDAE 1 to 1:30 P. M. Music-News-Jobs W. C. K. B. 780 on your Dial Wise mother! She has Gardner’s milk ready when her youngsters come in from school. Smart boy! He knows that milk not only tastes swell, but packs a powerful' lot of the vitamins and minerals and energy he needs for running around with his friends. No slow poke, he! Straight to the milk and then out he goes, re freshed and ready for a fast game. Help your children grow, too. Order today! Just phone 2446 to start delivery of that wonderful, wholesome Gardner’s milk to your door every morning. mXCfaicUtexA. B> 1 H, 115 E. Cumberland N. C. - Phone | the year of 1354. in the twenty eighth vear of the rein of Edward 111. in connection with one of these reissues that the phrase "due process of the law” probably an D.-ured for the first time. "No man of what estate or condition that he be. sh.i’l be put out of his lands nr tenements, nor taken, nor im prisoned. ni disinherited, nor put to death without being brought to answer bv due orocf's of thb law “DUE PROCESS” As the centuries passed, the phrase "due process of law" con tinued to take on a more defniite wording and meaning and at the time of the framing of the Con stitution, as expressed in the Fifth. | and later in the Fourteenth Am endment. "Due process of law” and j "Equal protection of the law" were 1 definitely stated. Bouvier defines "due process of law” as follows: "Law in its regular! course of administration through : courts of justice. Any legal pro- , ceeding enforced by public author - I ity, whether sanctioned by age or custom, or newly devised in the dis cretion of the legislative power in furtherance of the general pub lic good, which regards and pre serves those principles of liberty and justice ’’ In the famous Dartmouth Col lege Case, at 17 U. S. 518. Mr. Web ster defined "due process of law" or "the law of the land" as follows: “By the law cf the land, is most clearly intended, the general law: a law. which hears before it con- i dems: which proceeds, upon in- i I quiry.. and renders judgment only after trial. The meaning is. that every citizen shall hold his life liberty, property and immunities, under the protection of the gen eral rules which govern society Everything which may pass under the form of an enactment, is not, therefore, to be considered the law of the land.” The Fifth Amendment of the Constitution of the United States i reads as follows: "Due Process of Law. No person shall be held .o answer for a capital, or otherwise infamous crime, unless on a pre- j sentment of indictment of a Grand ! Jury, except in cases arising in the j land or naval forces or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put n jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or pros perty, without due process of law: nor shall private property be taken for public use. without just, com pensation.” CITES AMENDMENT f The Sixth Amendment of the Constitution of the United States reads as follows: Conviction of Criminals. In all criminal prosec utions. the accused shall enjoy the SFI DENTS HEAR At TRESS Dunn High School students are shown here as they heard Pretty Miss Charlotte Austin, pretty new singing star of “Rainbow ’Round My Shoulder.” The new movie sensation visited the local school during a personal appearance tour here Monday. On Tuesday, she flew to Kansas City, Mo. for an appearance before a convention of theatre owners. (Daily Record f photo b.V Bill Biggs). : right to a speedy and uublic trial, by an imu irti il jury of the Stat" and districtwherein the crime shall have been c vnmitted. which dis trict shall have been previously as certained by law, and to be in i formed,.of the nature and cause of , the accusation: to be confronted ; with the witnesses against him: to i have compulsory process for ob- I taining witnesses in his favor, and to have the Assistance of Counsel for his defence.” It is. to be noted that one of the main reasons causing the Declar ation of Independance to be written and it is so embraced in that great Dec'aration. over th“ signature of John Hancock and others, for de priving us in many cases of the : benefit of a trial by jury. The authritv relied upon by ! Judge Strickland is ■ Chanter 223. H. B ,52” f the Session Laws of ; North Carolina for 1445 which in ! substance states that when a de- j mand shall have been- made for a i trial by jury in a criminal case, j that the judge of the Recorder's j Court shal' transfer the case to the j Superior Court and that tile Su- j pe-for Court is given jurisdiction to hear and determine such cases upon being transferee! ttvveto. But the North Carolina Legislature, in “H. R. 1 192. Chanter 1031” ratified on the 15th day of April. 1049 stated, at Section 11. that "Chap ter 232 of tlie Session Laws of 1945 relating to jury trials in the Re i carder’s Court in the Town of ! Dunn is repealed Thiu.is the au 'thoritv that Judge Strickland is , relying upon in tr.msfering said ! cases to the Superior Court, ujhen in plain, concise lanugage it is , clearly stated that the law is re pealed. This chapter is rewritten and I Section IV reads as follows: "In the event a jury trial is demanded : in said Court, in either a civil or | i criminal case, thedefendant shall deposit a fee of Twelve Dollars «sl2> with the Clerk of said Re- | corder’s Court and in tlie event ; an acquittal is had in said case, I the fee so deposited shall be re funded to the defendant depositing I the came. QUOTES LAW Section IVL reads, as follows: “The Judge of the Recorder's Court of the Town of Dunn is j authorized to set a time when all | I jury cases are to he heard, and { upon setting cf such time, tlie j i Court shall continue from day to i ! day until all pending jury cases | are disposed of, either by contin- , uance. or otherwise.” Section V. of this House Bill ex- i ; plicitly reads as follows; "All laws j land clauses of laws in conflict of i j this act are hereby repealed." j | In my opinion, a person with | average intelligence who can read | ; and write can . understand the j phraseology used in this law and j a person does not have to be a { lawyer or a Judge to understand j | it. ■ The General Assembly of North i ' Carolina, in 1951, recognizing that i I the re-establishment of trials by j jury had placed additional work on 1 the Judge of the Recorder’s Court j and Solicitor of the Recorder’s ! Court of Dunn, enacted into the i law "S. B. 572, Chapter 817" of the | I COLONEL JAMES B. BtAMj KENTUCKY j&S&u STRAIGHT BOURBON WHISKEYE j i ,o ° tesM f PROOF gg 3 Jamt . Beam Distilling Jjsmm Co, Clermont. Kentucky $4lO $260 FIFTH PINT | ffIOSEirAT N. C. ABC STORES \ THE DAILY RECORD, DUNN, N, C. Session Laws of 1851— Section 1.. which reads: "Tlie Judge of the Dunn Recorder’s Court in Harnett shall receive as. full compensation for his services the sum of Three Thousand Dollars (53.000.00 i per annum, payable in 12 equal monthly installments by the Town of Dunn from funds available to it for the maintenance of said Court. Section 11. reads as follows: “The solicitor of the Dunn Recorder's Court shall receive as full compen sation for his services the sum of Two Thousand Four Hundred Dol lars ($2 400.00 i per annum, pay able in 12 equal monthly Install ments out of the funds available to the Town of Dunn for the main tenance of said Court.” Section 111 reads as follows: "All laws and clauses cf laws in con flict with this Act are hereby re pealed." Bear in mind that there is no j contention by Judge Strickland or [ the Solicitor that this law is not I valid. DENIED JURY! TRIAL When the case of State vs. Mary Vice was up in the Recorder’s | Court of Dunn, she Was denied a i trial by jury, . Judge Strickland j giving as his reason for denying! a tr.al by jury that site had pre- | vioris.lv come into Court and ask- 1 ed for a continuance. Then Judge Strickland proceeded to try her WEEK - END SPECIALS COFFEE, Old Mansion 1 lb. can .89 SWIFTNING, 3 lb. can 81 SALMON, Pink, 1 lb. can 49 APPLE JUBCE, qt. btl 21 SOUP, Campbell's Vegetable . . . .13 ZESIA Crackers, 1 lb. box 23 TIDE, large box 29 DSJZ, large box 29 POTATOES whole white no 2 can .11 HAMBURGER, fresh ground lb.. .62 \ •• •'<, SAUSAGE, Pure Pork, lb 45 SAVE CASH IV SHOPPING FOR CASH • without a jury and convicted the ' 1 defendant, giving her a jail sen tence and placed her in custody. She was carried before Superior Court Judge, W. H. S. Burgwyn, on the ancient writ of habeas corpus, alleging that her imprisonment and confinement was illegal in that she was denied a trial by jury in the Recorder’s Court. The Court Or dered that Mary Vice be discharg ed; that she was entitled to a trial by jury in the Recorder’s Court and said Judgment of the Court was that she be placed under bond for her appearance in Recorder’s Court to stand trial for the offense charg ed in the warrant by a jury; said case was not appealed by the State. The Judge of the Recorder’s Courtand Solicitor of the Record er's Court did not comply with the mandate of the Superior Court and j the case was nol prossed, meaning | prosecution abandoned, for that the I State did not have sufficient evi | derice to merit prosecution of the case after Judge Strickland had tried the case and from the evi dence. convicted her and the same I State’s witnesses were present and j available to the Court and later I were in Court and testified in j other cases. Here was an oppor j tunitv for Judge Strickland and the j Solicitor to appeal to the Supreme Court for a decision ' As a result of the way this case , was handled. Mary Vice has never had an opportunity for a Court to exonerate her of the charges in the warrant. Other cases were | heard by Judge Susie Sharpe, who held that for misdemeanors com mitted in the Town of Dunn and for a mile and a half from the corporate limits therof, was in the exclusive, original jurisdiction of the Recorder’s Court and that her Court was without jurisdiction to hear the matter except on an ap peal by the defendant and the cases were remanded to the Re corder’s Court of Dunn for com pliance of that judgment and the So'icitor of this district gave notice of appeal to the Superior Court and we contend that the mandate of the Superior Court ruling should be complied with until reversed or otherwise altered by legislation or by judicial proceedings of the Su preme Court,. In the cases before Judge Sharpe in which appeal was noted, said motion was made for I plea in abatement which every lawyer knows or should know it not appealable to the Supreme Court and therefore citizens are being denied their right to a speedy and public trial by an impartial I jury as guaranteed under the Sixth I Amendment to the Constitution of the United States, which its his torv traces back to the Magna Charta in 1215. DIFFICULT POSITION j It is difficult to understand how ] a Judge of any Court can expect 1 to maintain respect when the Court 1 itself has no respect for the man- 1 dates of their Superior Court. So.therefore. the following con clusion might be reached—that if people who attempt to publicly ex plain the trial by jury dispute in the Dunn Recorder's Court would make some effort to enlighten themselves, maybe confusion would not follow in tlie minds of the ave rage citizen and certainly, if the average citizen would make a com prehensive study, they would un derstand what is taking place weekly in the Recorder’s Cpurt of Dunn. Much was said about the letter of the Attorney General in connection with Judge Strickland’s recent decision in continuing to transfer cases to the Superior Court; Judge Strickland having re marked that three Superior Court Judges had advised him. Frankly, I think he ought to make public the letter from the Attorney Gen eral and then you will find that Ambulance Service Phone 2077 CROMARTIE FUNERAL HOME DUNN, N. C. —6bvwunc&MiLni-- THE VILLAGE GROCERY West Cumberland Street Is Now Under The Management Os Mrs. Ernest H. Jordan We Offer Complete Grocery And Market Service Plenty Os Free Parking Space Free Delivery Service - By M & J Merchants Delivery Your Dollar Has More Cents When Spent At Jordan's Village Grocery West Cumberland Street DUNN. N. C. THURSDAY AFTERNOON, OCTOBER 2, 1952 the Attorney General indicated that appeal might be proper in the Mary Vice case but it does not per tain to .the subsequent cases. A Judge rendering a decision in Court \ on the matter in review is binding until reversed or otherwise modi- j fied and Judge Strickland’s state ment about what three Judges had advised him is of no importance and if he will make their names j public. I will invite them to a pub- ; lie debate in City Hall on the issue. J It might be well to go back again to the Declaration of Independ ence and quote a portion thereof. [ which reads as follows: “We hold j these truths to be self-evident, that j all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Govern ments are instituted among Men deriving their just powers from the consent of the governed.—That whenever any Form of Government becomes destruction of these ends, it is the Right of the People to alter or to abolish it, and to ins titute new Government, laying its \ foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness, i Prudence, indeed, will dictate that 1 should not be changed for light and transient causes; and accord- ' ingly all experience hath shown, I that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations. pursuing( invatiably the same Object evinces a design to reduce them under absolute Despotism, it ' <> ~ ;; Feeds —Seeds jj ! I Fertilizers J J :dunn fcx service: i GOkJWIN, Manager START YOUR SAVINGS' AT COMMERCIAL BANK Dunn, N. r is their right, it is their duty, to throw off such Government and to provide new Guards for their fu ture security.” But if lawyers and citizens stand idly by and do not defend the causes entrusted to them to de fend and allow things to proceed and go on unprotected as they are now doing, it might be well that everybody be reminded of the fol» lowing quotation: “Oh Justice, Jus* tice. what crimes are committed IT'S Fast IT'S Safe IT'S Courteous IT'S Economical IT'S Efficient THE M. & J. MERCHANTS DELIVERY SERVICE WILL DO THE JOB FOR YOU - NO JOB TOO SMALL OR TOO LITTLE. Delivery And Light Hauling No Matter Wliat The Errand, Just Phone Us 3350 DUNN, N. C.
The Daily Record (Dunn, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Oct. 2, 1952, edition 1
8
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