Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-02-21

abouts was not accounted for after
ward until the fatal tragedy had come
to its horrible conclusion. The proof
against both was conclusive beyond
cavil. That the verdict was a true
and righteous one no intelligent man
can doubt. Nor can it be said that
the Judge was not humane, lenient
and liberal toward those defendants
to the utmost his duty as a public Off
Ger, bound by his oath to do justice
both 10 the accused and the State,
could possibly permit. Nor, more
over, can it be said that there was
anything wanting in energy, industry
or ability on the part Of the defend
ants counsel, who exhausted every
resource in the examination and in
the argument which might by posi-
bility avail to save their clients. The
argument Of General Sale, taking his
desperate cause into view, was not
only n of the most: elaborate and
exhaustive, but also one Of the most
able and eloquent which has been
delivered before our courts, and one
worthy Of his established fame as an
able criminal advocate. There was
indeed nothing wanting to the defense
but testimony, which no amount of
talent or ingenuity could supply. And
while it is true that the argument Of
the young Attorney General was COM
plete and cOgent to the last degree,
and one which on the very thresh-
old Of his career establishes a rep
utatiOn as an advocate second to
few of his seniors, and destined
to eliminate in further forensic tri-
umphs and much higher distinction,
it is also true that no unfair advan-
tage was sought or taken by him, no
speciOus argument used, no sOphistry
or attempt to mislead the jury was
made, and that in dealing with the
prOOfsO Of crime which tOrecOuntmade
mems blood curdle in their veins, he
was, without exaggeration, calm and
candid to the last degree. During the
progress Of this trial, the press has
also been silent, except in giving a
naked report of facts, and even public
sentiment has been suspended as an
act of fairness, and as if in Difference
to the humane maxim Of the law that
tits neutrality-suspicious. guilty men
should escape than that one innocent
man should suffer. Never was there
a trial more fairly conducted, and
never was there a verdict more COM
pletely compelled by the proof. AS
emitting nothing of their duty, the
distinguished counsel for the defense
has entered a motion for a new
trial, on what particular grounds,
if any, we are not particularly
advised. Thus, for the first time
since the change Of the law a to the
competency of jurors, has it been
carried out in an important
cause in Shelby county. We trust
that courts Of justice may hence
forth prove a terror to evil doors,
and that learning more and more
from the efficient execution Of the
laws that crime cannot escape with
impunity, the effect will in future be
largely conservative of the peace Of
society and contribute to shield
the innocent. If the laws prove in
efficient, or go ~unexecuted, we have
nothing better to expect than that
r0bberies and murders will abound.
And, for the purpose Of escaping de-
lection and to stife witnesses, many Of
our young Schoields will hang. 1t
is no time for squeamish compunc-
tons against the punishment OfOffend-
ers. Justice requires and the public
safety, that an example should be
made and proof furnished to the world
that crime in Shelby county will be
avenged.