New-York daily tribune., 1858-06-29
GEN. LANES TRIAL.
From Our Special Correspondent -
IAIYRENCE il. II. .Iune

FROM Our Special Coireepobdeut- .- n,
LAWRENCE, *. T., June 2l 1875.
For several days past the exciting subject here
has beeu the preliminary examination Of Gen. j. IL.
I.spe, before q magbtrate, for shooting Mr. Jen-
kins Although having no necessary connection
with Kansas potcs the affair has receives to some
extent political sspect. The rivals and enemies
of Gen. Lane have used it as means Of brushing
him out of their way, and bis friends, for similar
reasons, have endeavored to paliate it, Ii s for
this reason that this investigation has assumed p0t-
cal Importance. Extensive reports OF This mvestl-
cation are being made and will be published. The
examination will consume several days more,
when Lane will probably be committed for trial,
as | presume, he has no desire to be ac-
quilted in mere preliminary examination.
The Importance given to the affair at this stage
il, doubtless, owing to political considerations.
SO far the testimony is very much mixed. BY
the evidence for the defense as given on Saturday,
it would appear that the shooting was done III self
defense have not yet been able to form a decided
opinion as tO the relative merits of the | re-
gard il as involving this whether Lane
shot Mr. jenkins in strict sef-deiense on point
of chivalr0us pride If the latter there is
for il, especially in man in his position. Ii the
former, there is no man who might not have been
placed in condition equally unfortunate and
been driven 10 commit TN act which he
Gen. Lane since the occurrence, L have been
informed that he regrets lt deeply, and has even
said that he would rather occupy the place Of Jen-
kins than his OWn. Against Lane there is the evil
denco that The party shot was still at some little
distance from him. and the obvious fact that his
personal danger must be greater after he fired than
it cou BE- before it, as in armed party accOmpa-
lied Jenkins. In Lanes favor there is the unques
ti0nable fact that Jenkins With an armed party,
in hostile attitude, invaded Lanes premises,
and were engaged in demOllshing his fences.
By the testimony Of Mr.. Gates it appears
that two shots were fired at Gen. Lane
before he shot Jenkins and if this ia substautiated
it would acqut him both legallyand morally Sheriff
Walker also testified that Green, who with
jenkins, seid that if bis (Greens) pistol had gone
oil when hs cap burst, Lane would not have shot
JeI kirs.
1t tie investigation here several persons, prom-
nent men, have been very active, and exhibited
desire to say the least OF it, to justice done.
The testimony of Judge Smith was unquestiOnably
bitter. The ceiling thus exhibited has tho elect OF
creating popular feeling on the other hand in
Lane 5 favor III Is regarded as political warfare
among men.
All this is extremely unfortunate. The ends of
Justice demand On impartial investigation untouched
by bias Il ii due t0 p4blic morals that nothing
should intervene to give the matter any bearing but
its simple one, apart from political or personal
sideTations. No iriendsh p for or enmity to Cen
Lane should be permitted TO enter into The account.
As the investigation so far proves Lane has either
sh0t jenkins 10 strict sedeiense, or on point OF
pride they invading his premises, and evidently on
hostile business. In no case would jury anywhere
return verdict of murder But IN all such instances
grave questions viii arise. man who Occu-
pies public position is held responsible not only for
the literal usrice Of his acts, but for their wisdom.
1t would have required very high order and deli
cate sense of morality in any one occupying Gen.
Lanes situation to have retreated before the aggres-
sor. and preferred The SCOTS of an unthinkng multi
tuae. ttan By remaining to have been precip iptated
into the necessity OF taking human LIE. As
Southern man and Kentuckan, Gen. Lane would
have lost caste by doing so The man saot had been
known 10 express the opniol that Lane was
coward" It is even charged by Lanes friends that
the whole thing was conspiracy to destroy the
prestige of his name and popularity by Il" backing
him down" How many of oar Southern Hotspnrs
in Congress are there who would have done diiter-
emily from him if placed in his positl0n-adnltang
the truth Of the strongest evidence against him
But ale this may explain, it cannot paIlate any
such act We know that it il not only misior-
tune but grey0us wrong that some one has been
guilty Of IL may have been the deceased, who
has thus paid the fearful penalty cf his fault.
On the other hand, ifit be proven that Gen. Lane
shot this man in simple selt-deense, iet him stand
acquitted before the world But if It was merely
point of "chivarous " refusal TO - be driven" as
has been said bere, " ike dog to his kennel y then
let the public mind hold him responsible for such
.entiu ent-no matter how common or how popular.
In this respect the public morals need correction
elsewhere as we'll as here