EXCELLENT CHARGE
TO GBAND JURY;
Judge Carter; made ,a good . lm-
pii6hvrouipute term; oft
Court, and althdugh the sessions of
Court only lasted a . few .-: days, - he
disposed of all .the criminal "; cases
and many civil cases; having sign
ed thirtyrfive final , judgments in
civil causes. THi? is a record-breaking,
number of ceases io bel disposed
of finally even in a two weeks teriri;
and it is expected- that .when . he
has presided ;oVer the two .weeks
May'term;;many' important cases
will be removed rom our now sorne
whal congested tlocket Judge Car
ter is pleasant :but firm in presiding
over.his CourtSv Not v.only in his
chatge to, the grand jurybut ftom
time to time during the sittings ofUgepy
his Court, he would give - expression
to wise and helpfuL advice to all
who were "nresent- to hear. These
remarks were always full of patriot:
ism; good: common sense, and given
ih-a spirit of iisefuluplift to .thei
r i In las Y peek's issue we gave a
veryjjjrief ummary of some otthe
excellent thoughts . contained in
t Judge Carter "charge to the 'grand
x jury. -rhe reader;wili be interested
tofollow him more in detail.
; After5 the grand jurors were - duly
swbrnhe 'entered at someUfength
HH' of the duties of their pewly assum-r':d-on1ce;
pointing out clearly the
" responsibilities' which, they V had , as-,
; siimei-their relation, ;to the.- court
i ana ics ouiais. vuiu
the public: Pointin
of the peace,; happiness and cbod
order of the County depended upon
their faithful and conscientious dis
charge of their:.duties as so clearly
defied by their baths; that they
were redlly; the gateway to the en
forcement of the criminal laws of
the countryrthatunder our system
of goyemmentj7 it; was ? fundamental
that' no crime' of sbrious import
against the public or : society could
be tried and suitable punisement
inflicted until theirbody had, after
due .inquiry, -returned an indict
ment eadorseda true bill," tiieteby
finding; f by a x vote of at least
twelve of their number that proba
ble cause existed to bring such de
fendant for ; arraignment; aha trial
at the bai of the Court before a
j ury of his peersiThat in the pro-
tection of society and the : punish
ment of thewrongdoer, they were
the most important arm vof the la w;
thbt their action was necessary ; to
put the jnachineiy ;of the law; m
motion; that their body was really
an inquisitorial one; that they; would
inquire into all alleged . offenses of
wMchitheyWP6180113 knowledge
nr tut
or which might be brought , to their
attention.bylthfrComt or its prose
cuting officer and true retin-ns make;
that under ourV: system of r overn4
ment, it was their duty ; to.- investi
gate the books, records and - acts of
alLthe. public officers, ' they being
really jn many instances "the only
hod v- having nower to ino uire." pass
imnn nr fliidit thP rernrdss accounts
and ;a4tiof;puJ)acofficialsi that
their inquisitorial powers should be
be extended to v investigating Hhe
condition of the estate of orphans,
lunatics, &d, and theif findings? as
to these and the condition of piiblie
officers and: affairs embodied'' in
their report to the Court.;
to
finding nd Vptiirn?n ' hill and of
He thenave full instructions as thqugh sometimes it -h
their W; tho 'mhbd ' of J tinr
making presentments fori violations about may be rquestioMiof
of fie law : He committed tolhemnecessity under our form cf fiovcrn-
the body of the criminal law
- - J mm m 9 n :i wit . 4 a. t . . i.
UU1U wda. bumcumes ine custom;
he would not undertake ito;poirit J
"Ul 1U uciau , tue . numerous, acis - -
which cohstitutedioffenses "against
the criminal law; that he" was. con
vjneed that this was: unnecessary;
that the grand jury was a-rbody-pf
the community; that inLtheir con-
SQience they knew the rule oL right;
and wrongand that this rule would
be a safe guidance in their; deliber
ations.1 v-v .-""Vr "' V'
intelligent; men and, knew ,when , an
act had been com mittee which con-
stituted a wrong against the public, An alien to'our.form oovernineht
good morals, peace -and; dignity; of 0ild tnink Wg were tent- aWndPr
'VW,JHe Carter ha4 .finishepUof heir institutions ndpon'-ao
bis: direct instructions to the -grand
jury, he 4.k continued his. remarks
speaking of the : internal ; affairs of
Jackson County, her people and her
institutions., He atbhee' became
earnest and spoke with
wamth and feeling' He; spoke as
one who sees us from the outside,
arid- freely . and frankly '- and the
Flistenet .was soon ; feeling : that he
spoke not only as a neighbor but as
a brother :who wrould promote our
whole well being. He spoke of bur
citizenship and of the pure blood of
our pebble, being free from the ad
mixture of the lower races; that
there is strength in good ancestors
and that this heiitage . should , ever
be guarded to the end that our pos
terity might be strong' He; com
mended the citizeioship of Jackson
County for the progress it had made
in education; that it was one among
the Urst counties to give its- people
ketter schools longer schools; 'bet-
had out-stripped many of the coun-
ties which
were larger,
older and
more able to pro vfde these , advant
ages, and that all . this spoke ; well
ftfr the character of the citizenship,
not only at home but abroad- He
then' said that Jackson County was
making material end healthy pro
gress along many lines bf internal
improvement; that she1 was to be
commended in hr efforts ' to build
better roads in the county ; that he
was much pleased to note that some
bonds had been .'sold, the proceeds
of which were to be usedin build
ing good :and .permanent roas in
the county; that education stna good
roads shouli go hand ih hand; that
neither could mak real or substan-
tial progress without the other;; that
a county which had j ustly earned
the -reputation for advancement and
progress which Jackson has ? should
soon be equally - noted for its
good :6'ds jand ''-thorough fares;
that good citizenship icalled for loy
alty to every movement looking to
the building of --good and permanent
roads in the county. " "x
Judge Carter then said 'that he
saw but one small cldud .upon pur
hbrizohV the- unfortunate 5 fact ; of
division btthe people;on.Ae,unt;
seat- removal question.. ; t Thai he
deeply' regretted such internal : difr
ferences but that after all such was
only ; an incide&r to ourj popular
form of government; thatoiu; iorm
of government was cuch that the
fTnaioritmut rule, therefore many
questibnspf lbcialandtmternal goy
erhment hdd necessarily to be. set
tled by the "people at jthe ballot box:
That we may rneet;; debate, "argue
somitimes.quarrel and: say heated
a id persbrial things : but the ,pnal
rWter"ia.tHe ballot Jbo: anp; how-
!ver small theT majority ;and even
rnpans which may bring the same
J but merit -'ttitf-maWltv Viprtmn i- eki,,!. iL V ' VV 4 " f : -! . ' -I-: v . y "
w k t : r -
ha ot mnst'-dawrh v Tn .
arid this alwie lieth strength' -of
nnr twmiiiar : form; . nf 1 dnviSiminf
1 , r -r . - v. h ytuuouu
.Maiay issues ,bf weighfy -tateran4
national importance have been ;de
cided byMtrsm"alimajorities"at the
ballot ibox, They ; were 'preceded
by heated contentious: and historic
and Sometimes acrimonious debates-
hut howsbqn : does ;aU;4hia settle
back." to normal aridhyt caupe
whavejon'ince'JVn the
strength v 6V our - popular? form of
v ciuiucuu cuuu uie iutj anu - iame
cepting ashnalJthe majority ,aa csstf
pressed'attfie, ballot ?5bx.Ii read
recentlyVa - jnrijmrslyertrcle
drawing the ; distinctions ;'6etween
bur American; LrepuWiand the
Latin republics : &iith s, i Jwas
impressed by ;the historib !distinc-
tions drawn. It was pointed out and
sustained- by'-jhistory" Vbatv our
strength lay in this that our people
had learned the only lesson ; which
would. perpet ua t e, a free
fMre rnmQt-- towit, 4hatbf
accepting the majority decision at
the ballot box, while iri? Wse :bf the
Latin republics the nmprity 'instead
tion was oyer and theVresultcdeclar?
ed against them;;r.etir6to themoun
'ft n
tains, procure? arrbsa1a -ammui i ?
their enemies; thoe affiliated : with
the majority. , n -thisl example we
have a great lessorl-f or Kpbritempla
tiorn-acticiar t
cuizensnip, patnouc -?r; cuizensnip;
aemanas mat tne resuii 01 cue-removal:
of the county seat tb, Sylva
by a maj ority Vote of the citizens
of the" county s.hould be accepted;
that all bitterness and all. thffer
ences should be buried, and.'all join
in making S viva a gdodtown; your
county's pride the best town west
of Asheyille (4not better than Ashe
yille, -for" that's where I live") ; there
is no. reason why Sylva should not
be made the rival, if not the bes:
town west of Asheville. In location
it is well backed: by the innumeral
resources of your county, f You are
buildjng ;ood roads, you have the
educational advantages. It is to be
your county seat no doubt for gen-
erateons to come, tnen m all earn
estness, and as. one living in a
neighboring county, having an in
ferest and a pride in you, may I
earnestly urge that you lay; aside
all difference of opinion, all feeling
oi Diuerness; ana umiv iu uuc uai-
monious concerted action necessaty
to make your county seat, one of
which you will be proud, your conii-
ty one of tjie first, and. maintan the
high v standard . of citizenship,- the
mark for which you hive well j set
: Judge Carter said that he, under
stood that the. new Court House at
Sylva; was modeled afterthe-; Court
Housed -MarshaQ; that he had held
cqur at .Marshall . and that- they
had bne of tfie best Court Houses
he had' everseen built for the mon
ey and that from information which
he hacL "Jackson county wabuild-;
Ing even a better court, house; that
the court house at; Marshall was an
excellent buUag and offered mQre
more j tustantial I convenience t in
proporiion?to jits : cbst than:; their
court house iat heville and many
otner places, t w : x-
That therewas one thing Jmore
whili he desired tolsay: That when
the commissioners " of, the;. xjpunty
came to, furnishithe; court-house
that he hoped theySwould : iothenu
I
of accepting the. verdlcV bf the bal- place for its location; that the school
lot box would;:as 'SCK)ctasithe feleb- would be greatly benercial to Jack
s j-. -'.-tj ,.--:r-- --'-' 5.-. . ..'V-. --.ji-. - v-;. - ,- -,. .. -
iurniiures and; fixtures in keeping f
withthe excellehcVpf the building
and:the ;spiritof progress of the
county fthatirpni every reason they
should do sbthati in doing sO they
would &dthemselyesrgieat: : honor;
that -the reputation v. of .Jackson
county -for,, progress; and material
devopment'demanded: i; thaO it
wag the cheapest in the lohg run,
and moreover; the peopjbqf a coun
ty Vere largely judged by outsiders
by; their coiintyi town, . their court
house and their court house furnish
ifigs.; 'PersbnalIy, of course this is
no hing to me;' as I will; probably
hold bnly one courts at tht piacce.
but I speak of it from the standpoint
of your own .citizenship and wliat
mjrrideal of them leads i melto con--elude
would ' be their pride and their
desire.T; -1
v During the prbgress'of the court
Judge: Carter announced that Dr
hJoyner would speak ai Webster oh
the first Monday in Marchon the
question. of "5 establishing a' Farm
Life School at that place and ; ear
nestly; urged1 thew. citizens Jof the
town to attend " He .spoke of the
benefits of the -Farm Life" School
and said that Webster was an ideal
son county Cand expressed his heart
iest wishes that such a school be es
tablished at Webster, that the i pre-
sent public buildings already piib-
with" a
great
advantage ;;the Vpeojple; oU - -
behalf of this schboK but -for'' the
general good and uplift. ; ;
Judge Gaiter then inquired how
long it t had been since we had ihad
a man in the courityj j ail;; and com
pared; the few cominitments which
had been made to the - Jackson
county jail with those of jsome
other counties, and said it maymot
have occurred to you; but there is
a reasorrfot it. ,What is the reason?
It is because of your, prohibitive
laws and strong, prohibition senti
ment; that Jackson county had
early taken a decided and advanced
stand against whiskey and had per-;
haps the most effective prohibition
law pf any county in the State; that
the real cause of the most of the
crime committed was 'whiskey; that
a man loaded up with whiskey in
one pocket and a pistol 'in another
was T ripe for committing . crime;
With these twp evils stamped out.
the probability and possibility of
crime were greatly minimzed; that
Jackson rhrid ; early taken r- an ad
vanced stand in restricting ; the U
quor traffic and long before the
State at large had jenacted prohibi
hition statues. Jackson county had
on" her statute -DooksVstrong . and
healthy statutes I upon 4 the subject
prohibiting the manufacture and
sale of whiskey aridmaking , the
place of deliyerythe placeoff salef
that this statute had recently been
amended so as to give it ; more
stretltdVcjappUcattox
thit undei the amended statute any
person making a deliyerygof whis
key to arlotherperson prfaiding and
aDeumg m uoiug so, was guuiy
selling whiskey; that he understood
thatm view'of this statute the Ex-
press Companies badrefused to de
liver ; whiskey at "any- station in
Jackson County; but; that hej had
been informed it was being deliver-
ed to . Jackspn . County people-, at
Whittier station in Swain county.
He charged the ilrarid jurylthat ,if
ing the court house and offices with Ider whiskev slnnned tn Ihim
i - - . . - ..j,.. s .. . - LN . " J:.. ..-.'..,.-.'
lie DropertyJcbuld be used ,
smaIl;co'st of , fembbelingitb.
Whittiey and ientl.B tolWhittier
him, and ; B brought; the; whiskey
baciihtb Jackson. county v and de- '
liyered to A,; that B 1 was rguilty -"of. -making
a, sale "of whiskey; that if A
ordered whiskey shipped 4 to? Whit-i
tier mail amount not exceeding one "
gallon arid went to WMftier arid re-i v', .
ceivedthe ; whiskey himself arid ? ; :
used it hiinself, - jhe fwouldCnbt-. be V" "
guilty; of making a,sale of whiskey" ;
He furthercalled; attention. ;t6: the ; -fact
that the ; :Express Company ! !
could not deliver wiiiskey to any per- '
son except the 'person', ore eririgiu ; : '
withoutthe i certificate of a reputable - :
physicfan, or thecerticfiate of two ;',
citizens of good character that the
party to. whom it was shipped, b& -
cause of sickness or infirmatives of, r -age;x;ould
not appear in person arid ;7 :
receipt for iCwhich certificatb must . .
be kept on file with : the . agent of 1;
the Company; that -'the" law fequired x
the Express Cdtopariy to keep boolf s ; .
showing the nanieof the party frbin ,
whom the whiskey; was shipped,-. then" ;
name of the party 'to whom it was "
shipped, and the amountbf whiskey : f
shipped; that these books were open ; v
to, the inspection of any rofficer or;?'
citizen byvirtue7 of the law! He f
instructed the grand jury tasubpeo-
na the Agent at .Whittier to appearj 1
before1 thenTand. bring the books' of
the Express Company and Eailroab! J
Company bearing upon tfie question ' C
ot the-shipment of whiskey "and to ; -
myesugater careruiiy : wnetner tne
i::!' been "complying : V
some other party, and whether any -
persons haol received more than one V;
gallon of whiskey at one :time, the 1
possession of one gallon bemg in; '
law prima facie evidence, of intent ;
to sell, and to report, the result "off.
their investigations to the ; Court r ' ( . ;
We are inforined that the grand: ' '
jury obeyed the Court's instructions :
and did subpoena the.. Agent . at ! )
Whittier to appear, and that he did;
appear with his books and papers
We have no doubt but; that, the.
grand jury , performed their duty'."
well; that the machinery of the law :
has been set in motion arid : that
ere its wheels caase grinding .those! '
who have been violating the law in "
this Tespect will have contrite hearts
supported Jby quaking knees. . ;
- Before, adjourning the 'Courtl
Judge Carter proceeded to call ; the
entire civil docket with the view of 1
learning something of Its condition
and preparatory tfi the work of May -term.
He ' ordered .many ; of the
older cases which had beeri;ont.the -
docket for a number of years placed; 'J ,
oi . the trial calendar, and we wercT -iriipfessed
from "Judge Carter's com- ;
ments that litigants may get ready :
to try their cases at May term or.
have them dismissed from the docket : "
!Mr. Sf H, Hardwick,; general i pab ;
singer, agent of the S01 tern Ra!I-.
way siaiea to uie commirxees irora r
Sylva andBrysbn Qty rthat he will
reccommend additional ' train - Cr ' 1-:.'
vice v between Bryson" Qty- and v
Asheville.1 : - The newf train , whicit -
will be jprobabiy be put ; on afco'Jt
the first of May will leave Brycca.;
vAiy at o u. v amye ; ai ; ayiva at '
6; 45 and on the return, trip leave? t
AheviUe at 8 P. M ; ; T V; - -
:x 'V - -
; R-'B Shuler wa3a budncca vicltcr
in tovn 'yesterday from Addle, U3
called, at the Jourcl cCIcct and cC- :
vanccd hid suhberiptien; ) J" w