The Kansas herald of freedom., 1856-11-22
Gov Geary.

hensiye of evil following. However
great his delegated powers may be, yet
we are convinced it lies not in the pow
er of mortal man to be the embodiment
of so many functions as Gov. Geary has
recently assumed. He is our Execu-
tiye-he is here to enforce the laws-to
act the part of the former under ex-
listing circumstanees-to assert the su-
premacy of the latter-requires prompt
ness-but not rashness-requires firm
ness-but not tyranny This country
cannot be ruled scith an iroas rod.
We give the following facts. refrain
ing from comment at present, and sub
NIT the matter to the world: One
Charles Hays, of this Territory, was,
during the last term of court, just ad-
journed, arrested upon charge of muir
der in the first degree-presented to the
Grand Jury, and true bill found
The court was upon the eve of adjourn
ment before giving him trial, predi-
Gated upon the application for change
of ueRae for those who had not been
tried. Charles Hays council, since
the finding of the bill by the Grand Ju-
ry, discovered a material point of evil
dence, to wit,-the said Charles Hays
was actually in person at another place
than that alleged, upon the day the
murder was committed-in other words
his council proved an atabi Upon this
new discovery of evidence they applied
for bail.-Judge Lecompte granted it
to the amount of SO, 900.
When Gov. Geary heard Of this act
on the part of the Judiciary, he Geary)
Immediately summoned the U. s. Mar
shal, { Donaldson, and ordered rear
rest of Hays, only on his official order,
and without warrant
Marshal Donaldson refused to obey,
and was threatened with suspension
He still refused. Gov. Geary then or
dered Col. Titus to re-arrest Hays, and
Col. Titus obeyed. Col. Titus is now
absent upon the mission. We under
stand that Gov Gealy threatens the re-
moval of Lecompte and Donaldson
This is hasty but true summary of the
facts in the premises.
| We repeat, We shall make no COM
ments now. We shall not discuss the
question of power, but only wonder
where Gov. Geary got the power of
Governor, Judge, Marshal, Bailiff, &C.,
or in word, who constituted John w.
Geary the embodiment of Executive,
Legislative and Judicial functions
Such is the language of the Lecomp-
ton Union in relation to the action of
Gov. GEARY, in the case of the murder
er of BUFFUM, to whom we alluded last
week.
The Union justifes Lecompte, because
the defendent introduced er parte evi-
dence, and proved an abb. The Judge
was offered proof, and in fact we did
prove before him, that at the time are
were charged with doing certain treal-
sonable things in Kansas, and for more
than one month previous, we had been
out of the Territory, and could not have
been guilty of the crime with which we
were charged. Moreover we offered to
give bonds in the sum Of $4,000 for
our appearance at the next term of the
Court to answer the Indictment and
yet the Judge declared the offence not
bailable. -Four months after he took
bail, however, in the sum of $4,000,
basing his action upon the laches of the
prosecution.
In the indictment against the ninety
eight free State prisoners he refused
bail, as they were indicted for murder.
He we'll knew there was not Jury,
however malevolent, w1ieasa "a could be so
packed as to bring in verdict of guilty
of murder, because of the absence OF
malice 1orepense. At best it could only
amount to manslaughter, and vet the
Judge refused them bail.
In the case of BUFFuM, it was a cold
blooded, deliberate murder There
were no extenuating circumstances
The wretehes attempted to steal his
horses Mr.. Bufum demonstrated, and
was shot down like a wild beast. A
packed pro-slavery Grand Jury indicted
Hays for Murder. Lecompte released
him on BAIL
The Governor was knowing to the
murder of BUFFUM. He stood by his
bed side, and heard from the dying
man, IN ertrena;s, statement of facts
and, with Judge Cato, took his affidvit
in due form of law Hays was proven
before the Grand Jury to be the man
who inflicted the mortal blow. Five
hundred dollars reward had been offered
for his apprehension by the Governor,
and he was arrested-arTested for wilful
and deliberate murder and Judge Le-
compt, disregarded the feelings of an
incensed public; disregarding his own
dHty as United States Judge. sworn
to discharge the duties ofhis Office with
fidelity; disregarded the sanctity Of
his judicial robes; bound in honor as
in law to know no party. and show no
favoritism-released that man. whose
hands were dripping with innocent
blood, to go at large, and repeat the
same foul crime.
It was too much for our Territorial
Executive to bear. He had seen the
piiIainy of that Judge, and had passed