The Bismarck tribune. [volume] (Bismarck, D.T. [N.D.]) 1873-1875, 1875-06-16

- ASse9SS3 .SNsSSeSS " VAS
rarely had. Il IS "a alleged fact. which
the writer does not question, that on
one occasion, an important murder trial
was in progress before his honor; and
the evidence being conclusive against
the defendant the prosecuting attorney
was about resting his case when the
Judge checked him and insisted there
was something he had forgotten that
an important link ID his testimony was
left out. The attorney insisted that he
had offered all the testimony he had to
offer-certainlY be had proved his
charges, and rested. Without waiting
for tie defense the Judge discharged
the defendant because the Indictment
was not put in evidence, being bound to
teach that attorney ! lesson, and the
fellow went over into Nebraska and
killed another man and got lynched for
his energy. .,,,'1.o II .s~:st, &.
On one occasion, even since Judge
Barnes day, indictments for murder
were found against nine big strapping
fellows, some Of whom are prominent
among the. Black Hills agitators Of
Southern Dakota at this time, land when
they were arraigned they appeared in 8
body, each, With q brace .of navy, s.yeyol-.
yers strapped on his hips, and demand,
ed an immediate trial. The Judge
directed The Sheriff to disarn them, but
was informed that there was. not men
enough in the county to do it. They
were ordered }+recomfnitted and their
cases. continued, and they have been
continued to this day. Evidence cannot
always be had to convict bad men
though all may have reasons to feel that
they are guilty. Indeed, We have q re-
cent case, where the magistrate in dis
charging prisoner took occasion to say:
'sYo ou are discharged but it IS not because
this court does not believe you, are
guilty. Prisoners, how ever, against whom
there is no evidence do not always fare
$50 we'll. IN a recent case, in our own
city, the magistrate held a prisoner
where there was no evidence against
him, :justiiying himself BY saying. IF
you did not know j D. was q
thief you ought to have known it." The
charge was for receiving stolen proper
ty... in this case, however, the magis-
trate' 'Was brought to grief and the de-.
fendAnt xhonsrSte ~ 5.. 9 ':..ssss :-sa.
aour cRoorPItsaas or 17HEl OLD system. :,
j OF course Yankton was the headQuAr-
tefs of .thfs system Of justice. Courts
were Influenced ~. tie sentimen tsa Of
mUbs, instesd of by law aud evidence, the
judges being mere politicians instead
of!laW1yers, and .enoluments being the
the object sought to be reached instead
ofinstfce. Hence, If, perchance, ) de-
cisidn was endered in opposition Q the
sentiments Of the mob a indignation
meeting was held ahd the head 81. the
iudge was demanded. The Governor
came to regard the courts as his prop
erty and the Judges as his servants. and
on one occasion attempted to intimi
idate one of them, and went 80 far as to
abandon the Tsrritory. to al acting Gov
ernor who was instructed TO and did
carry out the threat Of his principal.
But both were brought to, grief and, the
GoHefhot is now, q granger, troubled
more with CRASH hoppers than by the
d-d Judges, as he would put it. Ira
ces, however, Of the old spirit are found
ana We regret to say, and recently we
have seen it cropping out through q
gentleman Of whom we expected better
thing.;sss and hope We are now :misinform-
ed, AT The last term ofcourt il .Yank-
Ton ! woman was tried and convicted Of
manslaughter and sentenced to two
wears, limp riisonment, but, within an hour
hitter. The sentence, she was psrdonedby
tie Secretary Of the Territory, who was
acting Governor during the absence OF
that fdnctionaTy a. Washington in con-
necttion,' with the Black Hills negotia-
tions then pendiDg. a decent respect
for tie court, which is now above re-
proaach, for the decisions Of juries,
sworn to perform their duty, and for
the absent Governor, seems, to s,should
have caused this action to BE. delayed un.
iii the Governors eturn. Then, if good
reasons, were presented, tile woman
could have been pardoned. It is charged
that the, acting Governor was an attor-
ney, though not Of record, for the de-
fendant and took this means to accom-
plish that which they failed to accom-
p1ish- through the courts-her discharge.
This action, it's charged, resulted partly
from the clamors of the same persons
who demanded the removal Of the associ-
ates Of Judge Shannon, whom they now
insult, because they did. not coincide
with him and give them Wintermute's
blood, regardless Of his rights before the
law ..4r. ,s .5...1. sts IS
Such, however, J, IS !; justice when in-
fnenced by considerations other than