The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1865-05-18

Eagle, III VIRTUES pTluteu epccChee anu
not denied even to "Scal-
away" in heelegant language of the
Judge, provided he be free citizen Of
the State. 1t may have shocked the
sense of propriety of the Judge, with
his dristocratic lineage his scholar ship, T
and his grandrtheofy Of balancing the
powers Of the Government 60 as to
keep the "mud. stills of society" and
tho "niggers3 in their proper sphere,
as prescribed by the Constitution and
the Dred Scott decision-that Miller
should have been permitted to present
a memorial at all or that it should
have been referred to q committee
But he must reflect that although after
many sad defeats of his aspiring hopes,
he was finally rewarded for his apos-
tacy with a Common Pleas Judgeship,
the people of the State and their rep
resentatiyes in the GeNeral Assembly
did not know, understand or appreci-
ate the immense distance of respecta-
biity and social station that separated
him from Charley Miller-and there
foreit was NO more necessary that the
humber. citizen should have been GER
| titled respectable, than that the Judge
himself, if a memorialist, should have
como fortified with q certificate Of
good moral character. l4 Bssiv 4
The statements, of Miller himself to
members were sufficient to induce anx-
ious inquiry. If true, that Judge Van
Trump visited Lantz when concealed
because of his alledged connection
with the Lancaster murder, tohether
then under legal charges or not, ,asasym-
pathizing friend and adviser, and
there made the statomcnt imputed to
him by Miller. no correct citizen wo'd
hesitate in saying that ne was unfit to
sit as Judge on the trial of the See
casc-and if these facts wero proven,
nos sstcchnicalities, no mere lawyers
bubbles as TO the form Of the memori-
al, or absence ofproof of minor charges
would avail to save him from lasting
public dishonor and shame, even if
"for uant of time" the General Assem-
bly, did not remove him from Office
One other fact is alleged by Judge
Van Trump as showing that ! appear
ed in tho light Of his prosecutor, viz :
That l volunteered my testimony
in discussion in tho Senate, that
tho Judge had improperly granted
tho first continuance of the See case.
If as a Senator in public debate and
in answer TO direct question, | gave
not my opinion as to the property Of
the ruling Of Judge Van Trump, but
the exact facts. l was certainly doing
only that which my position required
! me to do. This | did and this alone
but now say that the Judge needed
not to have sought for my opinion in
regard TO the granting of that contin.
uance SO far away from homo. II has
been frcoly given here more than once,
and if he considers all who have spo'
ken in denunciation of his course then
as his enemies and prosecutors, he
must indeed feel overwhelmed by the
number of those whom he thinks des
pise and would do him harm. .....
. A deeper feeling was never ex
pressed in this community than when
in the exercise of judicial discretion
arbitrary and uncomfortable as "Mili
tary Despotism," Judge Van Trump
: in full knowledge of tho fact, that il
a all human pIobability,th witnesses fo
= the State against See, then.all hero ant
!, procured only with the greatest diff
" Guilty by joint action Of civil and mil
. itary authorities, the most importan
=, of all being soldiers in the service o
- tho U. S., would never again be al
= present in that Court, after these wit
y nesses had attended Court for NOR
" than ten days, and four days after in
= dictmcnts had been found-continue,
;, the case upon the single ground "tha
), tho prisoners counsel had not suffi
: cient time to prepare the case for tria
at that term" and dismissed the wi,
y nesses, tho really, important ones I
i tho chances OF death in battle and ab
', senc 9 from any civil jurisdiction tha
y could recall them. '' ''N.I '
No more ingenious or successful lin
|. of defense could have been devised b
c shrewd lawyers than this, in a despC
d rate case, to find u willing instrumeI
!. in a weak, political Judge 10 max
d delay, and thereby, according to a
4. reasonable calculations weaken th
10 prosecution by tho absence of impol
N tant testimony. al,s .aet
Tho pen worked we'll. In val
a may o Judge seek excuse for such ~
N tion behind precedents in ordnar
IN cases, If any such exist, when he exc
is cises n mere discretion which bint
n. him to consider all of the facts an
Ill CONSEQUENCES and when he kno
IN facts which satisfy the ordinal
IN mind that delay will almost newt
bly, defeat the purposes ofjustieo.
co view of these facts, q feeling Of indi
at nation as we'll as q conviction of u
ID hopelessness ofjustice ever being dol
bc in the case existed in this communi
Nv and found expression, and to this d'
i. exists, and with what justice! II
il. apprehensions Of the friends of rig
70. have been realized. Term after ter
at of Court has passed away and 4
nv soldier witnesses have been absol
H or and in the chances of war two, I
10. most important of all have gone
Of. yond the jurisdiction ofany humant
bo bunai; one reported "killed in battl,
ad and another "died in hospital" Itw
perhaps, we'll that the vindication
m. the murderer of two Union soldic
ho who had given their hearts, streng