Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-05-12
oLEvELAND. THURsDAY MORNING. MAY u, $50

]
the conditions Of the rocognizance, nor a de-
iieiency in the amount Of the sufeties And
now your Honor, these defendants knowing
perfectly we'll the circumstances under which
they were ordered into custody ! say know
ing perfectly ,5ei, and beyond che possibility NJ
a mistake, all the circumstances under which
they were ordered into custody, that il was
done without any show Of cause or pref, xt.
they cannot with self respect comply with
that order Of the Court discharpinp them on
their own recognizances for that is a conclusive
admission, thut trey were in the wrong-an
admission they cannot make, and il is an ont
rage to attempt thus to force them to make
IT,
question now arises upon the proprety
of their course and ! do not now refer to
any outside discussions we have nothing TO
DO with opinions or occurrence outside the
Court Room--l refer to this question and its
bearings upon the position these parties ocou
| py before this Court And now we ask, will
/ your Honor, while always remembering as
we always will, that you are a Court, also re
member that you are man That this pre-
sumption OF the law, that these parties must
be presumed to be innocent until they are
proven TO be guilty, is not a mere idle worth.
less formula
What can these parties do They are per
! fectly unconscious Of having at any time en-
| tertained any intention to ininct the conditions
| OF their recognizances or the orders Of the
| Couu, and no less perfectly unconscious of
having ever voluntarily surrendered their re-
cognizances. Much more than that--they
KNOW that they never did so surrender them
and they KNOW that they did ask to have them
cancelled after they had been taken into Gus.
tody Now, il it not plain, looking at this
matter fairly, that these parties canuot come
] g,vssr 4 as,Ns. 4 Z.
| again without tacitly conccding, not only to
the compromising Of their own selErespect,
but in the face of the universal world, admit
| ting that they were lDroRg, when they
| kn0iu as tins Court must now know that
they are righti | now mean of course with
! reference to the manner in which they came in
to custody. And now certainly your Honor
| cannot fail TO see the precise position in which
they are placed, and wholly through the mis-
understanding of the officers of the Court. -
| They most assurediy have never coveted i'm
prlsonment. There is nothing in such a mode
of life 10 CRAFTY their refined and sensitive
tastes, nor have they any morbid relish for self
inflicted martyidom But they do value their
sell-respect; they do prize the dignity of man,
hood, and they call upon your Honor as a man.
as well as Court TO judicially correct a Judi
cial Misrepresentation which has subjected them
TO this gross injustice and not require them to
i regain their freedom at the price of their man
hood. Am asking too much then when ask
| as | now do that the COur, will direct a cor
rection of the journal, so it will appear that
as these parties were placed in custody by a
| - - ~ " 1''''N'uu' '''i uuey u"u
-, IL, t,'',l '''u'' " ''o 'hI' G'h
60 Iii 't ~ Suoiis W ,iic 'ha' tue
TGat I'm ~. .1 -; " Bi1l' such quest,
A., I''i ~ - ui'''v su1i, SoIIectlon ol
r,a,',,'t H. t,,,,i. I s.l'' ~ may DO louser
irL;. ;,,,, "ViN Bl"sS lnJus''ce'
Co. Iii ".''o, vi 'ne part OF the
49,, ~ ,, uPU" 'uu 'e'Sc''y OF ulg
80, tI, I,,"tit.is Cou'' auu icaSg OF az
- f.,;,,, 80 TT. u'Ai"9 slnP'y tho
49, i,,; ~ 'I.Oi"' iu'e' PPIoil'nsloh oy Ju'
J'S,'' 5,I "sN'ns ON oehali ol lhese
Sso, ;','S sSaS isiS y iBappfehension has
inadvertently crcpt into the record, it may be-
s t right u their advantage and to the adyan.
lage of truth and Justice, objects that Courts
have generally pretended TO have in view.
rDl,y
'uuso peiu'" 'oP"eo
wish to say a very few words with reference
to this extraordinary request the gentleman bal
just preferred.
lie Processes to have asked nothing that
would, if granted, compromise the dignity o
the Court, and yet in the same breath we have
the declaration that his clients stand and have
stood for three weeks, upon the merest techni.
cality, upon which they are at issue with the
Court Why, where else do your clients standl
Where else have they stood ever since they
f have been III prison il what you say is said
sincerely, Now here are two or three things
about which my friend on the other side will
not differ with me. And ] refer now TO the
circumstances preceding the commitment oi
these individuals He knows, | know, your
! Honor knows, and he admits now, that when
4 the motion was made to change the relative Do
siton of these parties TO this Court, it was the
very motion which he says here would be an
proprute, and that was that individuals, who
! by unparalleled leniency on the part of you
Honor, had been permitted to 90 at large upor
their own personal recognizances for so man,
months after they were Indicted for crime, tha
, these individuals, thus long and legally prvi
legged, when "stage in the trial" had becr
reached, by the conviction of one of their mum
! bers, after full and impartial hearing oftesti
e mony and argument, in which it became m,
duty to look moro particularly after the certain
Q ty Of their presence and when they had al
4 ready surrendered themselves into custody by
e suuendering their recOgnIances, that mad
O the motion that the security be raised from re
u nognixanoos TO bail with sureties And this i
g the very motion which the gentleman has jus
o admitted TO be proper one
Q But the gentleman was not satisfied wit
u this, but wished TO 20 two or three steps in th
G rear lie states thatlupon my application th
q cases were delayed
1 (Mr Riddle corrected the gentleman th
L statements Of which this last was the first wcr
q made IN the affidavit Just read by Judge Tildeu
q That the cases were delayed till III
It 9TH Of March. ! say this was not so N,