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Updated: July 28, 2025
It so happened that at that time Judge Norton was on the bench of the court having jurisdiction, and he was universally recognized as an able and upright man, whom no one could or did mistrust; and it also happened that a grand-jury was then in session.
The United States District Attorney attempted to indict him at Frankfort, Kentucky, but the grand-jury refused to find a bill. Henry Clay defended him in these proceedings, and in reference to his connection with the case, Mr. Parton makes a characteristic display of the spirit in which his book is written, and of his unfitness for the ambitious task he has undertaken.
'Yes, sir; a dirty, mean chap, that was looking after a poor boy that set fire to Mr. Hagin's ricks, and that was over a year ago. 'And naturally forgotten by this time? 'By coorse it was forgotten. Ould Mat Hagin got a presentment for the damage out of the grand-jury, and nobody was the worse for it at all. 'And so the club is smashed, eh?
In the last address which Mackintosh delivered to the grand-jury at Bombay he had said: "I have no doubt of the right of society to inflict the punishment of death on enormous crimes, wherever an inferior punishment is not sufficient. I consider it as a mere modification of the right of self-defence, which may as justly be exercised in deterring from attack as in repelling it."
And in each county, a grand-jury is assembled three or four times at least in every year, to which all who are aggrieved have free access, and where every complaint, particularly those against public officers, which has the least color of truth, is sure to be heard and investigated.
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