The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1867-04-25
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endeared II to all men, Many years since,
passed the Ohio Penitentiary, in company With
tho present Attorney General of the United
States, and remarked that feared many inno-
cent men we're there incarcerated. He said he
entertained similar convictions IN his early prac-
tice; but for years believed there were no con-
victions. unless there was guilt; and knew that
hundreds escaped punishment, who were guilty
beyond even reasonable doubt. This may be
true, and yet furnishes no reason for Furnishing
au innocent man. ourjurisprudehce is now so
constituted, as that Grand Jury is not allowed
to hear both sides. That this is unfortunate, is
heleast qualification, we can give it-that II is
unjust, ne court fails to illustrate. Two cases,
in our recent court, would have never been
heard of had two or three persons, known to
members Of the Grand Jury to possess facts that
would have prevented the finding Of bill, been
summoned. As IL was, they were not heard;
but after arraignment, q murder case proved
an unfortunate accident; and rape an unqusli-
fedconspiracy, More; II was asserted by more
than one member of the Grand Jury, when told
Of the innocence of the party in the case last
mentioned and the proof existing of the fact
"Well; let HIM prove himself innocent on trial.
Yes | an arraignment- seventy per.
sons-employing two MISUNDERSTANDING court
aweek, to the neglect professional business
beside, the deep modification, OF one as sensi-
tive as awoman, and one for twenty-five years
christian and leader in Christian Church, to
lie compelled 10 stand up before his fellow cti-
zens, hold up his right hand--hear readto him
statement Of presumed guilt OF crime hisin-
most soul abhorred-inall the ways the ingenuity
Of the wicked, or the plans ofthe most matured
genius in crime, could commit the detested
deed-to hear all this, for the want Of one or two
persons known to members ofthe Grand Jury,
to proveconspiracy on parties, and perjury by
the party accusing-shows an indifference to
private feeling, and cruelty in law that should
be remedied
Il is true, the State must prove the guilt OF the
accused "beyond reasonable doubt 1t is
well is so-for that is the only protection, un
dor our criminal law,
These reflections were caused on seeing DR..
Andrew Henry shpter, Of Oakland arfaigned
before our County Court on bill found by the
Grand Jury for Rape. The case came from
preliminary trial before Esq. Lindsey, OF Clear
creek township, by whom the DR.. was bound
over to court. On that Jury were men who had
known DR.. Sheffer from his YOUTH and knew
his saccuser-more; knew that at the preliminary
trial the entire statement ofthe girl vas disproy-
cd by two eye-witnesses Of respectable and un-
mpeachable character, and they were not sum-
moned before the Grand Jury. If ever on earth
there was lnockery of justice exhbtedmore
clearly than in this case, it has failed to be re-
corded On the trial, the prosecuting witness,
a girl twenty-five years old, swore TO liberties,
she "sitting on chair IN the front door ofa
public ofiicein vilage-the door standing wide
open and persons passing the pavement and the
street."
Or. Shelter was born in this county--educated
here--prepared hlmseltby study, and graduated
as Doctor of ofMediclne-locatod, years since, in
Oakland-has alarge and lucrative practice, has
accumulated property and is II class-leader in
his church; and before this charge stood un-
tainted and unsupported by his ncighbors-no
more popular man in the county.
The testimony of the girl was unsupported by
a single fact. Indeed, so badly had the conspi-
racy been planned, that the alleged assault was
sworn 10 have been made on the 9th ofoctober-
when the proof was, the visit to the Dr.'s office,
the day OF the alleged assault, was on Nov. 7th,
nearly month after. This was proved by three
witnesses, and by series Of circumstances
that made ltconclusiye-the birth Of child, and
the sale OF valuable mare on that day-and
more from circumstances that by no possibility
as to time, could make the assault on Oct. 9th.
We are all disposed to Jest females for their
inquistive curiosity. That much harm has ro-
suited from 1t, all agree; but in this case, wo.
man sitting at window, seeing the DR.. and the
prosecuting witness pass into his Office, the girl
having her right hand bundled up-the curiosity
of the woman was aroused and she saw, sitting
in chair, thewhole process of the examination
saw the girl wrap up her hand, and in less
than five minutes after they entered the Office,
the girl andthe DR.. pass out of the door by which
they had entered the ofTicei he going to his home,
ION the same lot with the office and only four
feet apart and the grl pass down the street and
enter store on an. adjoining lot. More: her
Husband had, at the moment of the two enter
ing the office, stopped from his front door three
steps, and looking over the street, saw the
same thing precisely. BY "a law passed at The
last session, land only the day before the trial.
DR.. shaeffer was allowed to testfy and his, her,
amt Mrs. Mummahs statement we're fully cor
roboratlve; and all three disproved every ma
terial allegation Of the girl.
At this stage Of the trial, having examined
Ave witnesses out of over one hundred and if-
ty summoned the State dropped the prosecu-
4; 4
Judge charged the Jury, and without leaving the
box they pronounced the DR.. innocent. Now
here were twelve men, who heard both sides,
and saw every material fact demonstrated, and
accounted for, saying; "Not guilty"-before,
this fifteen men, on their oaths, hearing one side
only, pronounced hlni guilty. Is there not
time for the inversion of the sealed-inquisto-
ria--ignorant because refusing 10 be enlght.
ened-sanctifed by time and fogysm and
damned by injustce-of the Grand Jury room
Why so much secrecy So much secluslon and
.sidedhcss1 Is not character worth pre-
serving1 feelings worthy Of protection by law
as well as propertyt
All hail to the recent legislature that has
given every citizen charged with crime the priv
ilege to testify before his peers--explain facts,
and detail circumstances, unknown to any but
himself. And more all hail the period, when
the tyranny, oppression and-one'slded tribu-
nal in which the past was wont torepose SO much
confidence and entrust the highest and hohesto Of
nations wealth-the character oiits citizens
to mon who by law, cannot hear but one side,
and that unfavorable to an accused. Go onwth
Improvement, allow any Juror to summon any
man whom he knows can throw any light on"
subject before the Grand JurY-whether in the
interest of conviction or acquttal-whero oven
an dlibi may DO proven; or any other important
fact bearing on the case in hearing, should have
as patient and as full ahearihg and sitting as be-
ore Petit Jury, and when the Prosecuting At
torney shall have the place ofa Judge Advocate
before Military tribunal-to see that neither
the State, nor an individual, shall ho arraigned
by peryerson OF law or facts.
Justice is painted blind-with balance equal,
That no mans wants and wishes she may see;
In this case-she is blindindeed and the sequel
VIII show not only blindness-but inconsis-
tency. EE
TO charge this man with guilt--whose entirelife
Has been the boast Of all his irlendsj whose
Has been 10 show, that Love and Truth-not
strife
His only purpose and his highest fame.