The weekly hawk-eye. [volume] (Burlington, Iowa) 1858-1860, 1858-06-01


On Iu5sday; ~ 1ltk Inst, che trial Of ID,
parties accused IN tho mssdsr Of Boyd Wiki
son. were broaght bsiose ledge McCIeary, fol
The purpose o. : Preliminary examination. Tho
/ Court room w4s crowded with persons both
from ths County and the City, eager to heal
ths testimony. On tho part Of the State wa
The Prosecuting Attorney, =. Robinson, assisted
BY w. Penn Clarke; Judge Smyth Of Marion
and Mr.. Tenpls appeased In behalf Of the de-
PENDANTS.
The Press Of the city, deeming the examinA.
ton subject of interest TO their readers, had
been TO the trouble OF sending Reporters 70 take
down the evidence as the examination pro-
| crossed. Here, however, Mr.. Clarke made a
motion-supported also BY Mr. Template the
effect that the Reporters for the Press be for
hidden TO take notes for the purpose of publica-
ton. Which motion Ne understood 70 have
been sustained by the Court. Without impugn.
| ing the motives Of either Court or Counsel in
thus attempting to infringe upon the rights Of
the Press, we deny both the porer and policy
Of the action. We 60 for : free Press, every
time; and u. journalists of this city We claim
the right to speak upon any and suery subject
which We may deem Of interest to onr readers
responsible of course for the abuse Of that
right. We maintain that the Court in forbid
ding the publication Of the testimony in this
important examination, attempted what it had
no power to accomplish conceding for arguss
ment's sake, that he had the power to exclude
US from the Court room ~ Reporters-still we,
in common with others. could sit there and lis
ten to the testimony as given in the examina-
ton Of the several Witnesses and then retire
to our Office and to the best of our recollection
transcribe it to the columns of our paper. Be-
sides, every man listening to the evidence ~ it
fell from the lips Of the witnesses, is reporter,
nd -.
what he may have heard to the great ear of the
public, ever open and listening to catch what
ever may be afoat of interest Thus the evil
dence elected in the case goes forth TO the
eommunty, incorrect, garbled apd contradic-
tory. il Is true, while we sought to obtain it
correctly and directly it fell from the lips of
the witnesses. What is the object Of the exam
nation at all but to arrive at the facts4in the
case? And what objection that those facts, as
obtained from sworn witnesses On the stand
OF the Court room, should be transferred to
the journals of the city, and thereby correct,
modify and contradict the thousand floating
rumors which have little or no foundation in
truth. On the ground Of policy, thenf we main
tain that the facts brought out in the examina.
ton ard noted by Reporters, should be circu.
lated through the medium of the Press. Truth
is preferable to error, and in our judgment,
cannot be too widely disseminated.
In this particular case, however, as it turned
out, the order made but little difference; for the
examination was scarcely commenced on the
part OF the prosecution, ere the accused waived
the right of preliminary examination, and
were ordered by the Court to the Davenport
jail to await trial before the Circuit Court
And inasmuch there were but four witnesses
on the part Of the State examined, and none |
for the Defence, we think it best not to give |
the testimony at present, but to wait until the |
case is called up in the Circuit Court, when we /
intend giving all the testimony in the case.
The following prisoners were taken to Daven.
port By the Sheriff.
I. d. Irish, A. Curtis, Samuel Shellady, Dan.
ei Marshall, Charles Dow, Rawson, Phil
lip Clark, Michael Freeman, and - -.
Iowa City Rcpnb., May e.