Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1857-08-19

TIE McMILLAs MURDER AGAIS.-We Dc
not intend 10 discuss the question Of the guilt
or innocence Of BoLToE. Every Tight-thinkine
citizen knows that in advance OF a trial BY The
legally eonstitstsd authorities, such a discus
sion would be wrong and unjust. By the con-
mon Law Of England, a discussion Of this kind.
prejudicial to the prisoner, Wss not only an
ofenss sgainst the Law, but the party who
gave publicity even to the proceedings Of an
examining court, was subject to Indictment FOR
offending against the peace and good order Of
society. So Jealous is the law Of the rights
Of even an accused citizen, and 80 regarded il
Il Of the peace and order Of community.
We intended no more By our article Of Sat
urday, than to indicate our utter abborrsnes Of
the deliberate attempt uPoR the part Of the
Eagle to invoke popular violence against
the regular administration Of the isw. We
thought we saw in the paragraph to which We
replied. a cool, preneditated design to inhams
the public mind against BoLroS, and invoke
mob law in resistance Of any step which be
might take to secure an impartial and unim-
psssioued investigation OF bis case, before an
enlightened court. We knew that be had 9
right TO do 50, and this right is one Of the most
sacred which belong 10 the American citizen
Il is the great constitutional guarantee OF indi.
vidaal liberty, and to attack, o~bstruet, or i'm
pair ii, is a blow st the very VitaIs Of society
itself. Against this blow We intsrfeTed.-
Against such an outrage upon the rights Of a
citizen and the majesty Of the law, we raised
our humble voice. Ard against the eonse-
qasnces to Ds apprsheadsd from the course Of
the EsgEs, we did sPpesl, and do new appeal
TO the ~IaE-sbiding ard order-lOving people q
Memphis.
The E%qsirer cody denies any attempt to
luaane the public mind, and yet devOtes almos;
its entire columns Of sunday morning to q
studied denunciation Of BoLr0E, his Witnesses,
his friends, and all who have had, OF are likely
to have, any connection with the ease. No,
only this, but 4 we are correctly informed, the
facts in regard to the application FOR q writ Of
kabsas corpus are shanefully misrepressnisd
We can see no other motive for all this, than tbs
purpose Of stimulating the bad passions Of the
worst men, and bringing upon our city tb'
shame and disgrace Of a popular outbreak.
BoIroS did not 60 out Of the equity e
make bis application for the writ, until it wal
sseertalned that it could not be heard here
The Judge Of The Criminal Court Of Memphis
fs absent, aud has been for some time. Jadg'
HAMS, Of the Supreme Court, was here, and
to hin BoLrox applied. Judge HAERIs de-
elined 70 grant it. because the majority OF th'
Suprens Court had, at the last term, Ultimate
the opinion that the Justices Of that Court had
no Jurisdiction TO grant writs Of hsbses oOrpus
ItKOuld have been gratifying TO BOLrOS ahs
blsfrisnds, 70 have had the case heard before
Judge HkESrs here in Memphis, but fOr th'
reason above stated it could not be don
Judge Humphreys was too III to s'tsn1 tG
business, and there was no alternative but tS
sppiy to some other Circuit Judge, which. wal
done and the writ granted These, We under.
stand, are The simple facts; ard they do not
in our opinion, show any disposition 70 ayOit
an Investigation here.
Nor il it true that the witnesses cannot b
had at the point where the case is to be inves'
ngsted. Notice was rot only given the pros
eeutiag attorneys, bat to the prosecutor him
self, in Kentucky, in tine to make every prep
~arstion, and to bring witnesses even from The
state Of Maine, IL that were necessary. So
far az The witnesses here are concerned, the
power Of the State may coeree their attend
anee, and abundant time has been given FOR
that purpose. We do got zee in any step Boil
7os and bis friends have taken, anything to
object to; as we said ia or last. the laws and
constitution Of the State, give him the right to
be heard, and the newspaper editor or other
person who seeks to prevent the exercise Of
that right, tramPles upon the hottest and best
guarantees Of liberty, and makes himself the
enemy Of peace and good order
Should the yet unsuiiied name Of Memphis
Be disgraced by an outrage, such az the srti-
eIss in the Eagle are calculated to prOvoks,
and soma foul wrong to persons or life be the
consequence, then will the editor not be held
gailtiess by good man anywhere- UPOa bis
head will rest the fearful responsibility Of
having wickedsy fomented a spirit Of evil and
brought upon the fair name Of our city deep
and dsuriug Disgrace.