, 1864-10-14

yet petty attacks This law of 1862 defines the
jurisdiction in criminal cases; butI am not con-
tent to rest the point here-it has been before
the Supreme Court, adjudged and determined
by the highest tribunal of this Territory. Are
the gentlemen surprised? In the case Of Yelm
Jim, VS.. the Territory Of Washington, this same
question was raised upon writ Of error, to the
Supreme Court This same and very same is
sue rendered to the Judges and they have de-
cided, and it remains and will remain the pre-
cedent Of the land, that the allegation in the
indictment rendering grand jury as from the
county in the District stated under a solicit is
full and sufficient and in conformity with the
law But the counsel are surprised-and won
der that such law is within the record of this
Territory. They pray, and implore for life, for
mercy, they mouth and rant about Constitu-
tional rights and law, and as they draw the
melancholy and sad picture of man suffering
from the actions Of an illegal jury they weave a
clumsy web Of sOphistry, and reasoning from eff
feet to cause, carefully stunning the gist of the
question, the law, presuming a result and argu-
ing to the origin or source, they claim this most
wonderful Of absurdities: that the county is not
of the District because it is not recited of the
District As well may they hold that because
you cut an apple in twain, by this division, it is
proper to say the divided apple never was an ap-
ple-and is not an apple. If this county is of
the First Judicial District, and we averthe grand
jurors come from this county, in the name of
sense and reason what District are they from p?
The I'd, the Sd, or the lst District? This really
is an important point, and were the position ta-
ken by the defense, tenable, this Indictment
must certainly be declared detective. But their
| assumption Isl to say the least, weak and con
sciOus of the frailty of their dctum knowing
all this, they have resort to that most danger
GUS Of all weapons in the hands Of an unscru-
pulous advocate, they avail themselves of that
Of bo
just men and deprecated by the impartial and
thinking Judge: sophistry; and to aid as well as
cover up this fault and weakness, they must fall
to the most contemplate quibbling and petit
Jogging ever known to a lawyer.
They claim that the sucuession of sentences is
| such in frame and form as to make their import
unintelligible Did they but read as written, I
am sure they could not meet with any difficulty;
butt does not suit them to do so. May it please
the Court, I recognize the same difference be-
| tween the correct reading of this indictment as
punctuated, and the reading made by the gen
tleman, as it is said President Lincoln once ex-
! planned to jury Mr. Lincoln's opponent had
read a passage from some text in law, which
/ Mr.. L. thought not correctly rendered, and he
illustrated by stating that little boy desirous
at an annual examination once held at the little
village school, to please his parents by showing
his progress in reading, adopted the following
| eXpedient. Knowing that he would be the
fourth boy in the class to read, he selected the
! fourth passage in the book, which he well knew
would fall to his turn, and for some days dilli-
gently cOnned and studied it, until he had every
word by heart and could indeed read the pas
! sage without looking at it. But the massacre
was one of the sayings in Tupper's Prov. Phil
osophy: "If thou art to be married, thy wife liv-
! eth, pray for her though thou may not have
seen her ~ This quotation was duly credited
/ to the author, by the subscription of his name
! "Tupper," thereto. The examination came on.
! Friends and parents present-elate and smiling
| in the presence Of their hopeful and studious
children. The reading class was at length
called. Our hero, all hope, anxiety and ambi-
| ton, gave one last look to number three his
predecessor, who had scarcely read the last
word in his part, when with quick and rapid ut
terance, our little one read the immortal poets
words 'It thou art to be married thy wife liv-
! eth pray for her though thou may not have seen
her Upper
am afraid these learned and jealous gentle
| men have fallen into the same fault as ouryOune
! student. ''They do not mind their stops if
may be allowed to use the language of our
western country.
There is but one step from the sublime to the
ridiculous. Let us retrace this step. It is ne
cessary I should give a little attention to Gen'l
| Bridges and Gov. Turney, as they have been
pleased to single me out the target for all
! their sharp shooting, OblivioUs of the merits OF
the legal question before the Court. They OBJ
ject that they have no true copy of the Indict-
ment, because one Of the names upon the copy
contains the letters cue" so shaped by the
/ copyist as to look like ''W.n Glorious obiec-
! ton Outrageous infraction of the Constitu-
tional rights Of the defendant. What must we
/ think of men, who will disgrace the herald oil
| our noble profession by advancing propositions
| such as this. have no desire at any time to be
! personal or insulting, but am against NV will
! forced to express the honest opinion entertain
of the gentlemen who in this shameful manner
endeavor to defend man charged with murder
and no words Of mine could be as forcible in this
connection as those of the poet, Cowper-no
| truer, more faithful picture was ever drawn OF
the pettifogger than is presented to us in this
! passage:
''His oft refuted quirks, he still repeats
And new raised objections, with new quibbles
meets,
| Till sinking in the quicksands he defends
/ He dies dsputing and the contest ends"
! Ihad heard of General Bridges, before came
to this town. His person had been described to
| me. In my minds eye l saw him the noble,
! genial lawyer of the old school, a man Of intel
lect, who combined the graces of person and
mind, with strictest professional integrity. But
how rash we're my hopes Instead Of meeting
an honorable and able opponent with whom to
contend were pleasure, am pitted against a
| man who scruples at no act, however small,
however much it may endanger the honor of his
profession. Now know with whom I am deal
! ing. l am thankful my watchfulness and study
have been sufficient to defend my position, but
| shall no longer think Of Gen. Bridges as once
| thought of him; but I know him, l
shall be prepared for everything in these trials
that is petty and SMALL and I shall know how to
act. few words let me say in answer to Gov.
Turney. All that he has done in his labored
and repeated speeches, is to charge me with a
thirst for blood. To him I viii say, it is false.
1 am just man. and not yet so far gone in vice
as to attempt mans life agithoUt aIlo10ing him q
good defense l have nothing to charge. The
grand jury has done its work-the charge is
made, foul, ruthless and deliberate murder.
But this man shall find am not after his blood,
unless I prove him guilty. He shall have his
witnesses and his carping counsel and not until
a clear case Of murder is made out by the testi-
mOny-drect and positive, shall I once say to
him, "ThOu art the murderer" | am not so
fond of the blood of my fellow man. 1 want
no blood upon my hands. I love not the brand
of Cain nor the assasn's curse resting upon
my soul.
But now to return to the question of this in
dictment. There 5Ir. Wolff read various author
tiles in support Of the Indictment, from the
English and American reports, analyzing the
law and the reasons for the various laws. Be-
fore closing he alluded to the imputation cast
upon him by the gentlemen for the defense, by
reason Of his youth I am sorry that l am so