Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-12-12

pl&iutju. cl3o 81.
Gierh3rt & Co. VS.. Winters-judgment
for plaintiffs. S295 -.
MeGoughey vs.. Eaken & Co.-judgment
for defendants, S3S 80.
The cases set for trial during the ensU-
ing week will be Published Tomorrow.
Criminal Court Judge Hudson.
Yesterday the followi4g proceedings
we're had.
Judge ". T. Brown, appearing as eouns
sci for Barbour Lewis, asked the court to
set an early day for the trial of the indict-
ments against his client; whereupOn, At
tOrney-GeneFal HOrrigan rose and asSed
to be permitted to enter q n0Ile proseGla
as to all the indictments against JudZe
Lewis, and those similar a. - ,,mas +,
.-herS-
Gen. Horrigan stated that the case al
ready tried against r. W. Louis had set
tied the law tbat must govern all these
cases. That they were similar in their
facts, and identical as to the otfense
charged. That both the law and the
facts had been fully and thoroughly in
vestigated in Louis case and to try the
others would be IA waste OF time, and
would needlessly infiict upon the
State useless expense OF many
hndreds Of dollars. That upon mature
the authorities within his reach. he was
entirely satisfied that the law had te n
correctly settled by the Court. and that he
could not consistently with his duty to
the State, consent To try any OF the other
cases, though he was we'll aware that
Judge Lewis desired to have them tried
and fully investigated. He, therefore,
asked leave OF the Court to enter HOHe
pTOSeQl9 IN those cases.
Col. George Cant then rose and address
ed the Court, as follows:
" May il please v,,,iir vg,,,,sir uonor. nv clients
nave looked forward tc this heOr with
the deepest soicitude. The Public ear
has been educated for many long months,
into the firm belief of their guilt. In their
official relations, In thoir private lives,
and their political sentiments, they have
been the objects of the bitterest criticisms
and the gravest accusations, They
have looked in vain for a disco
of the accusing voice Of public rumor,
It was fashionable and popular TO
abuse them. Day by dry th7 y were set in
the pillOry Of public opinion, and pelted
with the most exaggerated charges OF
misconduct The temper Of mems minds
was not such as to hear reason. Finally,
the inoessant clamor demanded that the
grounds ofthese charges should be made
the subject Of judicial inquiry. This
gave them no alarmi They felt rejoiced
at it, because at last it would bring mat
ters to an issue; put their guilt or innO-
cence to the test OF public trial by the
law of the land.
"If the issue was unfavorable, they
would then be content, and concede them
selves as bad as their accuseIs had repre-
sented them to bel
=" Indictments were found. Eminent
legal talent was retained to aid in the
conduct of causes of so much magnitude.
/ The decisive hour came. A. w. Louis, one
Of their associates, was put on trial. The
prosecution was masterly. Not a stone
was left unturned. He was triumphant
| ~ acquitted And now these defend
ants ask to be put on their trial; they
court the fullest aHd most searching in
vestigation. They desire trial by Jury.
Bat it is announced by the Attorney Cen
eral for the State that he will no further
1 prosecute themi That under the law and
the real facts q cOHgictfOn IS lWpoSst5ts(
Under this announcement they stand dis
charged. Whilst this result is less satis-
factory than n trial by Jury, in view Of all
the circumstances, perhaps 1t will not be
! less efiectual as a vindicatiOn. 1t must go
/ a great way in changing the unfavoraDle
sentiment heretofore prevailing against
/ these defendants. One of them has spent
/ the best years of his life in our midst,
! widely known for his generosity, cOur-
I tesy, his industry, and general usefulness.
/ "The shadow that rested upon his name
/ vanishes as the curtain nails upon this
| public prosecution.
But Judge Lewis will derive greater
| benefits from the prosecution. Many hon.
/ estly believed hini guilty of almost every
crime in the penal code, and that he could
not escape conviction. He had no means
/ Of changing this impression. His accus-
4 ers happily did for him what he could moi
/ do for himself! They sought out for him
4 his whole official career, and his whole
/ conduct as a citizen, those grounds oi
strongest apparent guilt, and now the
representative officer Ofthe State conce les
in his place, that it is impossible TO con
Wet on these chosen grounds, and dis
misses the prosecution,
eThis result viii work out its own log
ical consequences. It's effect Will take
| possessiOn of mems minds as soon as the
bitterness and passion of the hour is soft
ened by time and the second sObe
thought,
pIt is aiways so. of the many thou
sands who urged the conviction and exc
cution of Mrs. Surratt, how great is tn
number who already regret it'll And tn
whole public rejoice that the other prose
cutiOns at the Federal Capital terminated
without adding another victim TO appeas
The passion to which this unfortunate
rady was Sacrluceul 30 tn6 Ilifl6 ~ ftu
distant when, with rare exceptions, tn
public will accept the conclusions reache
by these State trials, as the only resul
consistent with the law and the facts.
81 believe in the good intentions
men. l never admired the Cynic Philoso
pher because he dwelt "a a tub, and too
delight In wounding by his bite, or pois
oning with his saliva, or that ill-nature
: sentiment that goes abroad In open da
with lighted lamp 10 Ei1ld a man.
Wherever ! turn find men brimfu
3 of goodness and human sympathy. Yo
= may depend upon it, sir, that public sel
3 tinIent will ultimately settle down at u
q right point.
q Much Of the bitterness toward JGdi
Lewis and his associates grew out Of p
/ litioal topics and party politics. In =
= country do questions of this kind gi'
e rise to such extreme aerimony and bi
r terness as here. But happily they pass {
Y with the occasion. They do not folio
J, the politician into retiraoy The war
q on the politician, and the hand that smit
l. him as public character will extend t
olive branch to him as the private cittze
Soon men will learn that It is the pu
70 pose Of Judge Lewis 10 live permanent
a among Us, and that it il not true that
st has carried Large snna Pf il-gsttsR trs'