Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1878-12-14

A Aharp Reply e The CrlsicisMs 81 shs
SprjsGAsla Tines. +,

n A0otP WeRsy 70 US VtuS1ctoooo 81 me
Springfield Tines.
Editors nsss & Dakotaiaa;
With your permission l deslrc to reply 70
some or the views promulgated BY the by.
percritical literary genius who presides a.
boss quill driver Of the Springfield Times.
I refer to bis criticisms of the action of .
Yankton county Jury 10 the Hama Olson
murder case. Brother Poo,e's legal aud
editorial opinions are Of mere weight per
thaps than the opinions of twelve intelli.
gent jurytnen- upon such stfairs a. he 10 ia
miliar with, but 10 the two last editions of
bis journal. he heralds conclusions founded
upon rumor and Lesrsay, that are not
worth a feathers weight 10 compirison
With the verdict of twelve mon who listen.
ed patiently to oil the evidence In the case.
under . solemn oath which required them
to act as judges Of the facts. They heard
the facts and listened 10 the theories adj
vanced by counsel on both sides. and then
found the defendant guilty in the face Of
the fact that the prosecution VA represent
ed alone by the district attorney and the
defence BY tho able legal talent Of such
men as 8. l.. SPHINX, Bartlett. Tripp aud E,
G. Smith.
The editor Of the Times has made his
little speeches without having heard a par.
teal Of the testimony: perhaps having read
q small portion of the evidence rs 1t appear.
in the columns of the Press 5 Dukotaian.
Tho fact is, but portion of
it was published at all. He
ventures the opinion hat Judge Shannon
will certainly give the condemned man a
new trial onlthe evidence, because he, Poore,
who has not heard, i at all, says it is Insult.
Gent. Where did he get his cue? l i'm.
agine he has been talking with one of the
disappointed attorneys of the defendant,
ID noted as . successful criminal lawyer,
and has allowed the giant intellect of said
eminent counsel to completely influence his
susceptible brain pan; Just az strong minds
control and mould weaker minds. II
Poore is lawyer enough, he knows that the
court has power TO set aside a verdict of a
jury On its own motion, If in its opinion
such verdict is not in accordance with law
or evidence. Now, ii Judge Shannon be.
Elieved with the critical Poore that this YER
dict was an outrage upon justice, he has legal
discrimination and judicial saeacity sufh.
cient to have forestalled the learned aud
.s:ute views ventilated so conspicuously in
the Times, by setting aside the verdict
without waiting for the useless waste Of time
and paper in the preparation Of motions fol
d new trial.
s, l do not wish to inform the Times editor
what the evidence in this murder case was
THAT it was impossible for Olsen to hav,
been killed by falling timber, &c, but woult
refer him to any one Of the twelve meu VIII,
were sworn to try the case according to Law
and the evidence. They were consideration
and intelligent men, and faithfully dis
charged a painful duty. II is known tha
upon an informal vote to ascertain first
was Olson murdered? ten voted in the adir
native and only two in the negative. lie,
this censor either hear the evidence himsel,
or talk with those disintcrested persons who
did hear it, before he rushes into a needless
criticism of the acts of others.
Murder, when perpetrated in a cold blood
ed and deliberate manne can generally only
be proven by circumstan,ial evidence. Some
criminal writer's hold that circumstan.
tial evidence is stronger than direct or pos.
alive evidence, because circumstances do not
lie or commit perjury. But enough of this.
l will only say that Carl Johan Hanson,
has had as fair q trial as any man ever had;
that he was ably defended by eminent coun-
scl; that the court was unbiased and lust in
its rulings and the prosecution was conduct.
ed honorably and fairly. After a trial last.
ing six days, the defendant was convicted
by the jurymen who were the exclusive
judges Of the facts. l believe they acted in.
telligently and conscienliously, and as a
means Of defending them l have been in
duced to replyto the aspersions he.ped upon
them. Aside from this motive, 1 should
never waste time to reply to hearsay twad.
die. -.
VERlTAs V1NcIr.