Bozeman avant courier. [volume] (Bozeman, Mont.) 1872-1882, 1873-02-28

writer. treating of the. late action OF tue
yioilantes here, asks bis readers to lay aside
all preiudlces, and view our surroundings as
they really exist. Very proper and reason
ablc;u much more so than he evnces on his
own behalf, in the subsequent parts of his
correspondence. Passing over the moral
prelude with which the letter opens, as to
/ the usual incidents and characteristics OF a
newly settled country OIL the "bordcrs OF
civilization we will at once endtayor to
reach the Justification part 1t the writer's
epistle. The first reason assigned as '.justi-
| tication' for what the writer calls the fear
| full tragedy" is that ''sucll miscreants,
could so upon the streets in our village, or
into the mountains, and procure witnesses
to prove themselves tree of any crimes there
by rendering the law powerless to prevent
crime. And that such has become the real
situation of this city during the past few
years. In reply TO the above, we must say
that we have carefully inquired into the his
tory of this county, so far as it relates to the
legal punishment Of crime, and that instead
of numerous instances that might be cited'
but one exists in which there were reason
able grounds for suspicion that the guilty
escaped through perjury. Whether such is
the fact may be easier to allege than to prove.
It has not been proved; and if not suscept-
ible of legal proof, how, then, is sc" author
lied to aver 1t as fact? The jury by whom
the alleged false evidence was heard and
acted upon, were. very probably, as wise to
see and as honest to act on that evidence, as
can be the writer who deplores the inefficien-
CIV of civil officers and represents this COM
munty as containing such vile and mercen-
ary characters. We can not call to eur
recollection case OF magnitude and
importance under our own observation, nor
any of which we have read, wherein the ac-
ton Of the sworn jury has not been criticised
by some half-informed looker-on, who could
not clay aside all prejudices, and view the
surroundings as they really exist But TO
the questions this your classification" for
the fearful tragedies that have disturbed our
quiet? If the guilty have heretofore escaped
in legal investigation through the perjury OF
witnesses, then bring to justice perpetrators
of the perjury; and if you cannot make out
case against them, you are unauthorized
in asserting the crime. The lawlessness OF
the acts lately committed here, is made the
more atrocious by the tlimsy pretext offered
| in their Justification is not only the
| taking of venqeance, which belongs not to
any to take, but it is also wreaking it on
| heads other than those complained OF, ana
for alleged offences, with which the cores
pondent does not attempt to charge the
parties executed. And this is what is called
the esprit of freemen rising i'll their mlSnt,
who act as conscientiously as if sworn jurors
in court of law.,' The writer may have
overlooked the fact that all that gives mel
ther right uor justification in the act, ana
that he is mistaken when he says such action
argues no lawlessness, but rather DISPOSE
ton to hold peyforce (the italics are ours) the
inviolabilisy of constitutional law. we are
toll tho devils haiavn and tsan,hle yet-n
nor does 1t come in any commendaDie shape
| from an advocate of mobocracy to speak in
| the advocacy of constitutional or statute law.
| Another reason for the hanging of Trip
lett is suggested, lie. THAT it was not until
positive evidence was pat in their possession
of the intention OF the friends of Triplett,
| through the ingenious scheming of suchl law
yers as money could hire to clear him, thai
| they were wrought up to the dreadful alter
! native. &c. As to the allusion that lawyers
would work for money, we can say nothing.
Weare COMPOUNDED and abashed at SO serious
an imputation against even them, a class OF
obnoxieus'men. And that they would clear
their clients if they could, is so far beyond
the usual opprobrium applied to them, that
we blush as we read and pity them all. Yet
may we not suggest, that ii Grand Jury,
looking only to their duty. were to indict
&C., if Gmplicated.) for the murder of Trip
lett. murder, cool, deliberate and premedi-
tated, and herein differing from the homicide
of Compiler, would not s'G'' hire a lawyer
and pay HIM money to defend him and have
no objection to his resortingto the so-called
s'ingenous schemes" for his acquital, for,
truth, facts, and law would hang him, ard
well he knows it, hence, the concealment Of
each and all who participated in it. But in
the cases named there was not dollar for
any lawyer, and should the defendants be
be without one, the law in its humane JUS
tice,ss not as century and a half ago, now
requires the Court to appoint one for them.
and this humanity and justice as well the
form as the spirit of the law, is denied by
men who claim to hold pertorce inviolabiliiy
of the law. Or the strange and mysteri-
Gus logic OF the first correspondent on this
subject, 'sthe law was violated to maintain
the law" Where the positive evidence
co mes from, or what it consists Of that the |
lawyer hired, or ahy lawyer, would clear
the defendants, the writer does not say; nor
how he knows that they from the circnm'
stances surrounding them, though cold
blooded murderers. would doubtless have
been cleared upon trial. This sort of reason
ing, if such 1T can be called. tends, we be-
lieve, to blacken this community and do it
injustice, inasmuch as 1t ignores the justice
Of Juries and the efficacy of courts. We will
oblige the correspondent, as he askes it, by
his question as to whether we
ire in favor of enforcing law and order for
he benefit Of the lawabiding citizens, or the
'oughs?' We are in favor of enforcing the
ap against all alike; just as law is intended
Q be enforced; in all the yigor of Its ancient I