Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1875-06-04

THE JUDICIARY.
Some Severe striotures Upon JaAges
Bagg and Wilsen. s
INDEPENDENCE, May 3lst, rs.
All good citizens desire to see such
laws enacted and faithfully admins
tered that criminals may not escape
justice, to the detriment Of the public
welfare; no orderly and law-abiding
citizen can say but that our criminal
laws are extremely lenient, and when
you add the slackness and dishonesty
that .pcrvadcs our courts, in admins
tcring these laws in allowing notori-
GUS criminals to escape on account Of
some technical informality in the
papers, or interposing the power of
the judiciary wrongfully in behalf of
offenders who should be punished
What wonder that Lynch Law is
common, and vigilance committees
numerous and necessary. Our courts
must execute true judgement if they
would avert system of mob rule.
Not only in this community and
State, but throughout the entire west
ern country, the idea is prevalent,
that in order to get justice, we must
take the law in our own hands, as the
placing criminal under the protec
ton of law, as too often administered
by our courts, is but giving him his
freedom, and putting premium on
crime. This is why SO many who
have been agrieved take vengeance
for themselves. We need not go
from home to find evidence for a
cause, we have it in abundance here;
for instance, the case of Stone for
seduction. / fail to see wherein Judge
Bagg had the right to sit rs court
of appeal in case of hadeas corpus.
AS we understand the law, he had no
right further than to ascertain if
Stone was legally detained; if not, to
see it there was any just ground for
defining him.
Every one acquainted with the
facts knows that Stone was guilty be-
yond Il doubt OF rs grave IN offence
against society as could be commit
ted Had he taken the life of his
unfortunate victim he could have
been guilty of far less crime, as he
would not have brought shame and
disgrace to her family. So in this
case the Judge proved himself the
friend of Stone, and the enemy of all
good people, virtually saying, 'this
man has done no wrong; 60 again
and do likewise"
We have also another instance of
judicial Inconsistency, it was iIr the
case of the seduction of Miss Phelps,
a few years ago, a girl of twelve
years of age, daughter of poor
widow woman, without any natural
protector. The villain was an old
hardened criminal, she being his
fourth or fifth victim. Our code says
that for seduction the offender shall
not be confined for term less than
one year, or more than five years;
this being one OF the most aggravat-
ing cases, ought to have met the full
penalty Of the law; but Judge Will
son sentenced him to one years i'm
prisonment at Fort Madison, the very
least he could do.
Still another. We have in our
midst man who was convicted at
our last term of court for grand lar
ceny, the jury only being out few
minutes before returning with the
verdict of guilty. That case stands
to-day just as it was when the jury
gave their verdict. Sentence has not
been pronounced; anew trial has not
been granted; and the criminal car
ries his head as high rs if he were a
martyr. He undoubtedly is of the
opinion that the courts are on his
side, and he can go on in his nefar-
ious business with the protection OF
the law. These cases have not been
cited for aught, but to draw the pub
lie mind to the fearful state of things
that exist in our courts OF justice, and
with what fearful pace we are going
backwards.
Had l been in the place of the
father of Stones victim, should
have taken the matter in my own
hands, finding that the law, as adj
ministered by the courts, would but
protect, instead Of punish the base
offender. Judge Bagg can rest as,
sured that every honest man in the
county condemns his procedure in the
case of Stone, rs unwarranted by law,
and unlus. to society.
FRIEND OF JUSTICE.