The herald and mail. [volume] (Columbia, Tenn.) 1873-188?, 1874-05-08


Under the above head two weeks ago, we
| briefly noticed the release rom prison OF
the Cook brothers by the Crlninat - court l at
| attention, il is, perhaps, proper Jlat we
| should more fully state the facts of the case.
| The bill of Indictment was found in the Cir
cult Court be fore the Criminal Court IUds created.
At the December term, 1873, the case was
| placed by the clerk-who is also clerk for
the Circuit Court-on the docket of the
Criminal Court. At that term the case was
called and continued on affidavit of the de-
PENDANT At the April term, 1874, the case
was again called on the second Monday OF
the term, when two aff1davits were offered
ana read 10 the court, one by the clerk and
the other by the Attorney General, stating
that the papers in the case had been lost or
mlsla1d. In that contingency the code pro-
WOES that the court may order copy OF the
with trial upon copy. Upon examination
IT was discovered that the case had never
been transferred from the Circuit to the
Criminal Court in accordance with the law
creating the Criminal Court, the only mode
by which the Criminal Court could get jur-
iSdictiOn of the case under that indictment. The
court Immediately ordered that new in
d1ctment be preferred by the Attorney Cen
eral. That officer with his usual energy,
went to work and issued SubpPnas for all
the important witnesses and put them in
the hands of the sheriff. Finding, in a day
or two, that the witnesses failed or refused
TO attend, he applied to the court and OBJ
talned attachments, and used every posi- |
bic exertion to get them served. On Satur- |
day every case on the docket had been cali |
ed and disposed of, except the Cook case. |
The Acknowledgement unwilling to surren- |
der the case, and anxious 10 bring the par |
ties to trial, asked the court not to discharge
the Grand Jury till Monday, which was /
granted. On Wednesday the AttOTney-Gen- /
eral asked for still further time. At O'Clock /
ON that day, the witnesses had still eVaded |
the Officers, and no Indictment was found.
The Grand Jury was then discharged, and
the prisoners brought into the court room.
the lawyers for the prisoners
moved for their discharge, on the ground
that two terms of the court had been held, |
two Grand Jurors had been i'll session, and
still there was no Indictment against them,
and even if the Indictment had not been
lost, they could not have been tried upon it
IN that court, because the case had never |
been transferred in pursuance of law. |
The AttOrney-GeneFal argued the other |
side of the case with much earnestneSS.
Judge McLemOre was anxious to hold them |
over, but having no legal authority to do |
20, discharged them. This does not pre-
vent an indictment at any future time. y
great many people We're disappointed be-
'ause the Cooks were not tried. We were |
Yet, we cannot attach any
blame to Judge McLemOre. We have no
lOubt that he was as anxious to try them |
Us anybody, but he had no option in the |
natter. He was legally compelled to re
ease. them. He is as pure man as lives, |
md would not wink at crime.
II is deplOrable for country not to have
Is laws enforced; but it would be more de |
)lOrable for those in authority 10 dare at |
empt to restrain men Oftheir liberties and
lights by any other manner than that pre-
cribed 10y law.