Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1870-02-17
JUDGE Stafford AND HIS
SUNDAY COURT.

The members of the ChillicothC
Bar with some other citizens Of the
ancient metropolis, got up a sup,
per a few evenings ago, and had
kind of jolifcation. The object Of
the supper seems to have been to
give an expression Of justification
to Judge Stafford for holding court
at Hillsboro on the Sabbath few
weeks since. Speeches were made
and the Judge fully justified for the
act, and a beautiful gold-headed
cane presented to him in token of
respect for what those who partici-
pated in the joliiication regarded as
justifable appropriation of the
Sabbath day for judicial purposes.
Judge Stafford pleads as justif-
cation of the act, that he had to be
in Chillicethe on the next Tuesday
to hold court, that unless the trial
Of the Davis murder case was con-
tinued over the Sabbath, they
could not get through with it in
time for the Ross county Court.
That the Attorney for the defense
had to go to Adams county on the
next Tuesday to attend court there,
and the defendant would be left
without an Attorney. That to con.
tinue the case until the next term
of court would be injustice to the
prisoner who could not give the
required bail for his appearance,
that he would necessarily have to
be locked up in the county Jail,
when the law gave to him the right
to a speedy trial. That there were
upwards of 70 witnesses in attend
ance, most of them from a distance,
and notreceiying perdiem enough to
pay board bills, A jury of twelve
men in the box who we're virtually,
says the Judge, "as much in prison
as though they were in your coun-
ty Jail"
Below we quote from the Judges
speech;
Mr.. Thompson, one of the lead
ing counsel for the prisoner, was
compelled to leave the Court on
the Tuesday following, to attend an
important case set for trial in the
Adams County Court on Wednes-
day. The term of my own Court
in Ross commenced on Tuesday,
and having no arrangement with
my colleague, Judge Dickey, | was
lesirous to be in attendance to open
Court, If from any cause he should
be absent. When Saturday night
came, from the progress which had
been made from Friday, the day Of
commencement of the trial, we
found it impossible to close by
Tuesday, unless we occupied Sun
day Mr. Thompson assured me
he should have to abandon the
case, under any circumstances, on
Tuesday, by which the prisoner
would be deprived of his services,
Or the case would have to bO con
tinued and the prisoner remanded
to prison until the next term, and
the same labor and expense already
repeated Under these
circumstances, being importuned by
the prisoner and his counsel to oc-
cupy the Sabbath in the trial, no
being urged on tho side
of the State, and after the full con
sent of the counsel on each side,
and the officers ofthe court, / yield
ed to their solicitation and proceed
cd in the trial. Now let it be re-
that in the trial Of Grim.
inal cases the law knows no SIM
day that it has been expressly de-
cided by the Supreme Couat Of this
State that persons are required to
abstain from COMMON LABOR, except
N cases of necessity and charity on
Sunday, not because 1t is the Chris
ian Sabbath, but because it is ap-
pointed by law as day Of rest, |
iay let all this be remembered, and
yhat else could / have done, ] de.
1t q case Of necessity as
very other candid and rejecting
ndge or lawyer would have decid !
d, and as ! know each of you wo'd {
ave done.