The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1877-11-13
NOT A LOBBYIST.
Chief Justice Fisher Defines His Position and
Very Properly Resenls . slanderous
Charge.
CHEYENNE, Nov. II, 1877

NY attention q been calleu 10 an
editorial in yesterdays Sun which seems
to require some reply from me, from
the fact that persons reading the arti-
Gle may be led to the conclusion that l
have attempted to influence legislation
in favor of an alteration in the Criminal
Code of the Territory, which is about
as far from my purpose as anything can
be. 1t is my duty to execute the laws
found in the statute books, as passed
by the lawmaking power, and not at
tempt legislation. OF course refer to
the article headed "LET WELL ENOUGH
ALONE" The editor of the Sun lays
down this general proposition, that
jurors might fail to find a verdict OF
guilty lest the ''renerdJte Judge might
make the sentence too severe" Why
the term venerable is used l leave to the
intelligent reader to determine-cer-
tainly all the Judges who have been on
the bench or may hereafter be arc not
venerable in age, neither is the Chief
u u6llCG ~ Ntlltishbit tibhb Nv WIN Univ"
in side issues TO perpetrate Il slur on
one who may hold views different from
his own.
Now II the Sun man had looked n
little more closely at my recommends
lions to the Governor, his %apprehen-
sions regarding sentences would have
been dispelled, especially when reading
that one which suggests the repeating
of the minimum feature OF penalties,
on account of their severity in some
cases. Does that recommendation look
like the s~'uenerdble" Judge being too
severe on criminals?
Mr.. Slack speaks of the certainty of
punishment under the act of 1S71-has
he ever been aware Of the fact that
juries had the same power in certain
cases under the act of 1902 If not, j
invite his attention to section Is OF
chapter 3 of the laws Of 1869, found on
page 101, and to many more sections in
the same volume. He also says that
juries often failed TO find verdicts be-
cause they feared the penalty would be
made too severe. / respectfully request
him to produce n single instance OF
the kind, and here say that such IN
effort will prove to be fruitless, so that
this part of the the article in question
is n mere man of straw, no such diff
Guilty ever having arisen in q jury room
to my knowledge or belief, and if Mr..
Slack knows of such n ms | hope he
will produce it.
1 never have, and / trust never will,
pry around and into jury rooms to find
out their secrets, but | am sure no such
question ever prevented a verdict in
this Territory. But l have heard that
in many cases the question Of the prop
or amount of punishment has arisen,
and has kept juries out for hours,
when the main question rs to the gnilt
of the party charged was settled within
the shortest possible time. Then rs l
just said, the fixing the penalty has de-
the jury for hours, and not in
frequently caused hot undergraduates.
Thus any one can see that all that
trouble might have been avoided by the
jury merely performing the natural
functions of their Office, viz: To find n
n verdict of guilty" or mot guilty."
and leaving the judicial part of the
business where it properly belongs, in
the hands of the judicial officer of the
court.
Judges Howe and Kingman, than
whom this Territory las had no ADLER
J Judges, took this view Of the case, and
refused to permit iuries to fix verdicts.
even in cases where the law of 1869
provides for their 10 doing. l am not
aware of how Judge Jones treated the
question, but am under the impression
he took the same view of it. L
know that Judge Thomas is decidedly in
favor of the proposed change, and
many of the leading lawyers of the Ter
among whom / may mention
Hon. w. w. Corlett, Mr.. Z. p. John
son and Judge Miller, who have fire.
luently expressed their opposition to
the juries fixing the penalty. At the
of q member of the Legislature
prepared n bill making the change,
which l submitted to n majority of the
Laramie county bar, and there was not
among them dissenting voice.
Besides this, gentlemen who have
served on juries have very frequently
to me in favor of the proposed
All these facts taken to-
leave me satisfied that the
change should be made, notwithstand-
ing the emphatic veto of Mr. Slack.
1 have spoken to one member of the
Legislature, viz: Hon. G. ID. Foglesong,
4 friend of mine, and at his request
prepared a bill which l gave to him;
llso the Governor, who did me the hon
,r to request such suggestions as l
might think proper, and there my eff
Iorts end. l do not propose to urge
ny views further. AS l said in the
it ismy duty to execute thelaws,
md not to make them, hence / shall