Lewisburg chronicle. [volume] (Lewisburg, Pa.) 1850-1859, 1853-08-26
For the Lewisburg Chronicle.
Tie "Star" VS.. Judge IIarshaIi.

/ Mr. EDITOR: | observe in the Union
Star Of the 18th inst, most malicious
attack upon Judge Marshall for his de-
cision in the habeas corpus case Of Com
monwcalth VS.. Gutelius, under the fictitious
name of '.Obseryer." Mr.. "0bserver"
says the judge "secmed to imagine HIM
self Court and Jury Judge Marshall
decided 10 strict accordance with the de-
cisions of the best criminal judges in cur
Commonwealth. 1t is the duty of the
Court, Or a Judge in vacation, to hear the
evidence on both sides, and then decide
from the whole evidence whether there is
sufficient to bind the defendant over. The
decision Of Judge Marshall is fully sus-
taincd in Commonwealth VS.. Ridgway, =
Ashmead 2l7, and in Commonwealth VS..
Hickey. > Parsons Select Equity Cases,
3l7. When Judge Marshall is sustained
in his decision by such Judges as King,
Jones, and Parsons, he need not fear the
abuse Of Dir. "Obserrcr" and his coad-
tutors.
"Observer" also complains like bear
with sore head, that Judge Marshall
asked Iieimbach If he accepted a bribe, or
in other words accepted any money, though
objected to by his Counsel, (not the Coun-
sci fer the Commonwealth, for the Prose
cutting Attorney did not attend to prosecute,
nor was be notified to Go so, nor did he
authorize any body to put on the robe of
Attorney Generally The Judge did not
insist on Heimbacl's answering, if he OBJ
jected Whether the objection was made
for fear Hcilnbach would criminate him
self, or for mere sham, is not SO certain.
But who would suppose for moment that
such a pure man as observer and his
partners, would hug Heimbach to their
bosoms if he was SO corrupt as to accept
a bribe?
observer" charges Judge Marshall
with saying that Hcimbach and Gutelius
were both guilty. This the Judge never
said What he did say, was, that if Helm
bach and his son were believed, they were
as guilty as Gutelius was charged to be;
but no one that heard and saw Hcimbach,
believed his statement; and besides, he
was contradictcd in many material parts
of his statement.
The persons concerned in getting up the
prosecutions, no doubt expected that Judge
Marshall would lean against Mr. Gutelius,
inasmuch as he (Gutelius,) opposed Lis
election; hut in that they were disappoint-
ed, for Judge Marshall showed himself to
be an honorable, high minded Judge, look
ing neither to the right or left, but rur-
sung a straight forward course. yi;hout
fear, favor Or affection. Ills d-c.slan was
approved Of hy every uaFs,. .g'iccd mind
Of all parties VINO wee pg,sont at the IN
vestigation.
1t is evident that this and other prose-
cutions are got up for the purpose of af-
fecting the Division question, and the
Railroad ghost is to work wonders! Some
of the men who make so much fuss about
the "dear people," 1 doubt whether they |
pay 81 tax in year, and yet are at tho
head of prosecution got up against some of
our best and most enterprising men and
heaviest tax payers, for the purpose Of Ii
ding into Office. Has it come to this, that
the Commonwealth shall be laid hold of,
and prostituted for such unholy purposes?
All persons concerned in such wicked war
fares, deserve to be chastised with the
strong arm Of the law; and magistrates
are not in the line of their duty who will
encourage such prosecutions. 1t was well