Democratic Sentinel, Volume 3, Number 38, Rensselaer, Jasper County, 31 October 1879 — Goodland Correspondence. [ARTICLE]

Goodland Correspondence.

Under Grant, Republieari officials stole $I00,iK)0,0()0 unnu.illy. In Ohio the National vote in 1878 was 38,332; in 1879. 9,129. Snow fell in Kokomo last Friday morning. • *-<•>• * Read the arraignment of Sherman, . I*y Lamar, on first p ge, then hand it to your neighbor. The New York World calls it th*-“Kelly-Kernel I Koi.kling-Kanoneh etKombinatiou.” But even alliteration’s artful aid will i.ot save it. lion. Gilbert De La Matyr,National and Democratic member of Congress for the Indianapolis District, is announced to speak in Monticello, Nov. 20th, next, at 2 o’clock, p. in. Europe has sent about $55,000,000 ’in specie to this country within the past nine months to purchase wheat and other products, and John Shetnnuu is trying to make the people believe that his financial policy has done it. “I can name at least a dozen liepublican Senators,”says General Buller, “who are either in the Massachusetts State prison now, or have served out their time;” and this is by no means a weak point against the God-ami morality party. The Winamac Greenback Journal says the Nationals of Ohio, “seeing no chance to elect their own ticket, chose the lesser of two evils, and voted for Foster. ' Just how the Journal and | the Ohio Nationals could regard Vut i ing for Foster as the least of two evils ■ we fail to understand. Gov. Blackbu. n. of Kentucky, has frequently, and most emphatically. 1 denounced those who give currency to the yellow fever slander against ; him as “a pack of damned li.;rs.” He has denied the accusation time i and again. But then prejudice must ! be excited and the mind lived, even if ; a lie must be resorted to. The radical papers are erecting the same pyramid of States which occupied conspicuous places in their columns the year before the last presiidctitiai election. At that time, however, theeir pile had more strengthening props, in the shape of handsome majorities, than at present, and yet was crumbled the following year in the campaign for the presidency. Hayes <|e< me ii uec-.-.s.ny to assist ; i pm/ii.,; <f: j. h mum .gains! pro p« tiy or o, •. v a- . at. : v<-, a low-down saodie emrneu Lo.dsiana icturatagboard scoundrel. What was it for, ii not as hu h money? And yet we sometimes hear very clever Republicans express the wish that there were more such Frauds. Novel before was such a spectacle enacted before the American peoj le. No other chief executive—not even Grant—was ever placed in such a posit ion. Cassanave made the. demand th.it his property bo saved, and Messrs. Fraud Hayes, John Sherman, and others confess the necessity of meeting the demand by acting upon it. The Winamac Republican queries: “If Dr, Luke P. Blackburtr. of yel low fever notoriety, could be elected Governor of Kentucky by 41,000 majority, wimt would have been the majority of J. Wilkes Booth, the murderer of President Lincoln?” etc. He wouldn’t have received a majority at all, as, necessarily, he would have been the radical candidate. The plundering thieves of that party got President Lincoln out of their way by assassination, but failed to get rid of honest and firm old Andrew Johnson, by impeachment. Somebody was killed, represented to be Booth, a big reward was paid, but if our recollection is not at fault the body was not admitted to recognition, was buried with great secrecy, and even Keiser can’t swear it was that of Booth. “The committee appointed to investigate Senator Ingles (Ingalls’ is meaui) election, Find hi n spotless and bis election without fraud.” We clip the above from the Brookston Reporter, an independent paper with the rankest kind of radical pro, elivities. The fact is. it is announc. ed that the. investigation in regard to the methods by which Ingalls procured his re-election to the United States Senate is over. Some of the testimony taken has been of a char acter that the United States Senate can hardly afford to ignore. One of the witnesses, J. K. Hudson testified on the 13th that James F. Legate spoke of the election as "the damndest, most corrupt election ever held in K. nsa ; that he had himself seen money pas.-,e<i on tiii' floor of the House, ami tlpit ’he election, of Ingalls was 10 times more corrupt than that of Caldwell.” Certainly no one is Letter qualified to express an opinion on the subject of Kansas elections than James F. Legate, and the evidence taken during the investigation indi path's that there was as much truth as emphasis in his remarks. The grand jury wai convened in the circuit court last Monday an I instructed by Judge Hammond as follows: Gkxti.emen of ths Grand Jury: You are convened tri ascertain what crimes, if any, have been committed within this jurisdiction, and to return indictments against those who committed thorn. The duty devolved upon you is an in,portant one, and I doubt not that you will bring to its discharge energy, integrity, firmness and ' impartiality. If men at all times strived to live honestly and to harm no one, petii’.l statutes would have no existence. But this is not the case. Human nature is prone to evil, and the wicked piwsiuns of .many run be reptriuned only by tea. of punishment. The

criminal code, therefore, of necessity, finds a place in the jurisprudence of every civil- I isi-d government. All history and -exper- : iencu prove that the punishment of criminals is I‘tcessary for the protection of life, liberty and property, ami for the maintenance of the peace and gnod order of society. To insure the vigorous enforcement of laws against crime, b j 3 necessary to have a tribunal, or officers, whose special duty it is lo make complaints of offenses. This duty : io a very considerable extent is devolved upon the grand jury, a tribunal composed of six reputable freeholders of the county — men having an abiding interest in the peace and prosperity of the community, and ! sclecied in a manner well calculated to se- ■ cute efficiency and impartiality in their official actions. On being empanneled, the I court appoints one of the grand jurors as i foreman. An oath is then administered to ■ them by the clerk —the same just taken by ; you—to the effect that they will diligently : enquire and true presentment make of all violations of thp criminal laws of the state of which the court has jurisdiction; that they will not present anyone through malice, hatred, or ill will, nor leave anyone unpresented through fe:H', favor or affection, or for any reward, or the promise or hope thereof, but that they will in all their indictments, present the truth, the whole truth and nothing but the truth; that they will not disclose any evidence given or proceedings bad before them. This oath is so admirably worded that it embraces briefly your entire duties. I beg your indulgence while I call your attention to its several purls as a convenient method of discharging the requirement of law which makes it obligatory upon me to instruct you plainly as to your duties. In the first place, then, your oath requires you to make diligent inquiry and to present indictments for all violations of the criminal laws of the state within the jurisdiction of this court, for you will bear in mind that in all cases in which this court has jurisdiction to try an offense, you have jurisdiction to return an indictment. An explanation, therefore, of the court’s jurisdiction, is an explanation of your o.vn jurisdiction. The jurisdiction of the court relates first, to the crime, secondly, to the time wherqTind £hirdly, to the place where committ<kl_> As to the crime, this court has jurisdiction of all offenses, felonies and misdemeanors, except those misdemeanors that fall exclusively within the jurisdiction of a justice of the peace, being those where the fine may not exceed three dollars. With reference to the time of the commission of an offense as affecting jurisdiction, the statute provides that prosecutions for treason, murder, arson and. manstealing may be commenced at any time after their commission. The enormity of these crimes is such that no lapse of time is permitted ?o screen the offender from punishment. Prosecutions for all other offenses must be commenced within two years after their commission. But it is provided that if any person who has committed an offense is absent from the state, or so conceals himself that process cannot be served upon him, or conceals the fact of the crime, the time of absence or concealment is not to be included iu computing the period of'limitation. Ihe juri-dicti m of the court is confined to otfeuses committed within the county. But as there are s»me apparent exceptions to this rule, it is proper to call attention to them. If a person outside of this state should, by any agent or means, commit an offense in this county, his crime would be within our jurisdiction. So, too, the court would have jurisdiction, if a resident of this county should leave the state to fight a duel, 01 to be concerned as a second therein. If an offense is committed partly in one county and partly in another, or if the act or effects constituting or requisite to the consummation of an offense, occur in two or more counties, the jurisdiction is in either county. When property, taken in one county by burglary, robbery, larceny or embezzlement has been brought into another county, the jurisdiction is in either. An accessory before or after the fact, may be punished in the county where lie committed the offense, or where the principal offense was committed. If a mortal wound be given or poison administered in one county, and death by means thereof ensue in another, the jurisdiction is in either county. In this state we have no common law offenses. Crimes with us are all defined by statute and their punishment fixed by statute. Whether any given transgression injuriously affecting the rights of others is I a crime against the state, is a matter to be | determined by our legislative enactments as the same have been explained by oui courts. Crimes are divided into felonies and misdemeanors. Felonies are those offenses the punishment for which is death or imprisonment in the state’s prison. Misdemeanors are those punishable by a fine alone,, or by a fine and confinement in the county jail. Another classification having no reference to that just, named, distinguishes crimes as those against the person, those against property and those against society. These offenses will dumand your attention. If any within this jurisdiction have been committed, you wil be required to make presentment of them by indictment. It is neither your province or mine in our official capacity to determine whethe# a law is good or bad, or to criticise its enactment. When the supreme legislative power of the state places a law upon the statute books, courts and juries have no discretion but to administer it as they find it, But no apology is necessary for the enforcement of our penal code. 11 is founded on principles of reformation, and not of vindictive justice. It has been moulded into its present shape by the best legislative and judicial wisdom iof ages, and has probably attained perfection as nearly as any , work of man. Regard for the public good »s well as official obligation requires its humane but firm and vigorous execution. Indictments should be presented only upon the sworn evidence of witnesses. Hearsay evidence should be rejected. All outside influence should be disregarded. The wit- ! nesses before testifying must be sworn by your foreman. The evidence of any of j year number may be taken after he is sworn j the same as another witness. It will be j your privilege to have such witnesses bi ought before you as you may desire. For this purpose, subpoenas will be issued at your request or at the instance of the prosecuting attorney, by the clerk, and served by the sheriff or a balitf. If a witness re- ! fuses to, appear before you after being summoned, or alter appearing, declines to be sworn or to answer a proper question! the power of this court which is ample under- the law, may be invoked by you to com- • pel obedience. Witnesses in the first instance will be examined by your foreman' after which any of your number may ask questions. Aller hearing all the evidence 1

you can obtain or may desire in relation to any particular criminal transaction, ycu arc then to determine whether an indict? ment should be returned. The concurrence of five of yonr number is necessary to the return of an indictment. The evidence to warrant the presentation of an indictment, while it need not satisfy you of the guilt of the accused beyond a- reasonable doubt, should be sufficient to make it reasonably probable that if returned the indictment will be followed by a conviction. Upon this point care should be exercised by the grand jury. The return of an indictment where the evidence does not make out a reasonable case of guilt, puts a party, very often an innocent man, to great expense and hardship in defending himself, as well as the county to useless expense in the unnecessary time consumod by the court in the trial. Your first duty after retirement to your room, will be to inquire into the cases, if any, of prisoners in jail charged with crime; next into the cases of those, if any, who are under recognizance to answer to any charge you may prefer against them. If in any such case, you should not under the evidence deem it. proper to return an indictment, the fact should without delay be reported to the court, that the party not to be put upon trial may be discharged from custody or bis recognizance. You are to act with impartiality and only upon evidence; not to be influenced by malice or prejudice, nor by fear, favor or affection. But your duty in this respect need not be specially urged. It is sufficiently suggested by the responsible position te which you are called.

The law places upon your lips the seal of secrecy. You are never, unless required to do so in a judicial proceeding under oath, to divulge any evidence given or psvceedings had before you. During your official sitting no one except the witness under examination should be present, unless it be the state’s attorney, whose presence for information or advice you may require at any time. The law imposes this secrecy from the fact that the detection of crime often requires it. Witnesses in many cases from various considerations would withold impartial evidence leading to the discovery of crime, were it not for the guarantee afforded by the law that their testimony will not be revealed. Aside from these considerations, the return of an indictment, if publicity was given it, would often enable the criminal to escape before arrest. In this connection allow me also to suggest that all intermeddling of outsiders which seeks to discover what you are doing, or v\ hich attempts in any way to procure or prevent the return of an indictment, is not only an insult to your integrity, but is exceedingly vicious and criminal, and if any instance of this kind occurs, you should bring it to the attention of the court with the view that the proper punishment may be meted out to the offender. Even the judge of this court has no right to hold any communication with you respecting your duty or doings, except such as is delivered to you publicly from this bench. Advice and counsel from the prosecuting attorney should be made to you when you are officially assembled and not otherwise. The instruction that the court gives you, the official advice of the state’s attorney and the sworn testimony of witnesses should be the sole guide to your deliberations.

A baliff will be assigned io you whose duty it will be to keep your room in proper condition; to call your witnesses as they are wanted; to prevent unauthorized persons from entering your room, and to obey all of your reasonable orders. Finally, gentlemen, let me urge that the law requires you to perform your duty with diligence. You are not to wait to be informed of the commission of crime, but are at once to take active measures to ascertain whether ■ any has been committed. You will inquire of each other as to the commission of crime in your several neighborhoods, and what persons will most likely know of their commission. Those persons you will have summoned before you and examine them under oath. The vast amount of crime in the land brought to our notice through every source of information, admonishes us that those charged with administering the law cannot be too vigilant in the discharge of their duty. The law should be administered with jusice and mercy—mercy which has compassion for the weakness of human nature and which inflicts no cruel or unnecessary punishment, but which does not permit the criminal to go free. Such mercy would be cruelty to the innocent sufferers from crime, and would soon unsettle the repose and security of society. I doubt not, gentlemen, that your duties will be discharged in a manner creditable to yourselv es and conducive to the public good.

No reserved seats at the lecture course, exeept for holders of season tickets.

Goodland, Ind., Oct. 28. 1879. Editor Sentinel: There being not a great pressure of business on hand just now, we will again endeavor to write you a brief letter concerning Goodland and surrounding interests. The farmers in this locality are mostly all busily engaged husking and crib bing their corn, which, they tell me, is yielding better than they anticipated shortly after the heavy frosts. Owing no doubt to the continued warm and dry weather which followed, we have an abundant corn crop, as it is, for which We are truly thankful Our grain men are bidding up for ail kinds of grains still in the hands of farmers, offering all the markets will allow.

The business of our town consists of four diy goods stores, with groceries included; four exclusive grocery stores; one exclusive clothing store; two restaurants; two general hardware stores: two stove and tinware stores; one furniture store; two drug stores, and two licensed saloons. The secret orders are one Masonic and two I. O. O. F. lodges. There are also five churches of the usual denominations found in this country. We have also three distinct political parties here, to-wit: the Greenback, and Republican, and notwithstanding the people of Ohio appeared to be somewhat excited over their recent election there,, our people here seem to be as “cool as cucumbers,” and are attending strictly to business, and do ing that business on a strict Greenback and Silver basis. Trusting as ever that the Sentinel may continue to “live long and prosper,' we are truly yours, Y. Mr. Brown, your season ticket is transferrable. That is, you can take Mrs. B. one eve, and the next time you two can remain at home and let John and Mary go. Do you understand? Doc. Wirt is having a good rush of work.

Go to Starr’s Hall and hear Susan B. Anthony, Friolay evening, Nov. 7, 1879. It seems that all do not yet understand that they run no risk in purchasing a season ticket to the lecture, us the Literay Association, under whose auspices it is to be conducted, pledge their word and honor, that the programme shall be carried out; and that in case those engaged to lecture should be kept in penitentiary or transported for life before the time arrives for their appearance, those holding season tickets will have their money refunded. Don’t complain that the price per ticket is too high. The talent engaged is the same as will appear on the platform in the leading cities throughout the United States, during the coming season; and. if there, you would pay 50 or 75 cents, or one dollar for single ticket, while here the price of single tickets is fixed 50 cents. One person purchasing two tickets for five dollars will find, upon calculation, that his single entertain ment will cost him only 31$ cents, or one season ticket, for eaci entertainment 37$ cents. All seem willing to pay 25 cents for an ordinary entertainment, then why not pay a few cents more and. get the very best.— Some of the talent employed will cost the Association in the neighborhood of Two Hundred Dollars per night and such being the case, none can expect a dime admittance. Remember THAT EVERY SEASON TICKET SECURES THE HOLDER A RESERVED SEAT. Afraid the Irving Literary Association will fail to carry out their programme? Hem ! You don’t know the goaheadative sticktoitiveness of its members, or—you would hush.