The sun., 1879-06-01

not in consequence Of amy OF the ordi-
nary failures Of justice. In one case public
building containing indictments has been
burned to the ground, and this Mt timo when
the statute of limitations was Just ready to step
in between those accused and u second indict-
ment In another instance the District Attorney
Of this county, having on his person somo
dictments were pending against the same, par-
tics, was seized In the street alter midnight by
two men. thrown upon the ground. and do
prived Of the proof by which alone the indict-
ment could be sustained. In still another case
the Office OF the District Attorney OF this county
was broken open mt night when indictments
against the same parties were there and grcat
quantity of papers carried away. Many indict-
camo back mingled with forest leaves. but the
| indictments against those whose conduct is IN
! issue here never came back. These violent
| modes OF diyerting the course of justice have
| become matters Of public history Bonding
| the instrumcntaities Of the law were publicly
| reckoncd even before this case arose among
| the secrets and appliances Of n band Of Offend
| crs who pillagc rob and burn within and with
| out the county Of Oneida, Common fame has
! long published that certain criminnls not ony
escape conviction. not only protect their conied-
| cratcs. not only bring tQ punishment their be-
traycrs not only wreak barbarous vengeance
testify against them not only brcak through all
| the mcshes of the law. but that bail and bail
| bonds, bench warrants and search warrants,
indictmenis and the cv process OF the court
do their Office or stand still az tho beck and nod.
not Of innocence but OF guilt"
WAS FfLKINs WASH. = MURDERER2
Although tho indictments against Filklns.
| charging him with the murder Of Wash.
Loomis were quashed. and no effort was ever
| made to obtain a new one. the general impress
sion Ia that he was at the Loomis mansion on
| the night OF the murder. This impression has
| been confirmed 10y his refusal TO answer ques-
| tions bearing on the tragedy while witness IN
| the recent trial Of Belneld, charged with the
| murder OF Mrs. Crandall Tho feeling AGAINST
| the Loomises was so strong that 1t is extremely
doubtful whether cQnvicting Jury could nave
been found had the proof against him been as
| clenr rs day. The feeling was intensified by
| the course Of the Loomisos after the murder.
Their action was clearly st iorth by Mr.. Conk-
ling ON the motion to quash the indictments.
" ON the night uf Monday, oct 30. 1868" said
! Mr. ConklIng. "Georg" W. LOOMS was IN
dwelling house of ordinary size. four miles
himself Soon after midnight he received
Injuries which IN a few hours caused his DEATH
| The blows were given. and he WIS found in u
lack apartment Of the house whore u cooking
stove and wood were kept. On Wednesday,
Nov. l. "a Coruners Jury assembled at the house
TO investigate the death. The kindred and sur
vivors Of the deceased wore represented during
the inquest by counsel brought from Rome.
The Loomis family gave evidence: so did tho
women who occupied beds with the LOOMS
men: so also did certain other men known TO
have been in the house when the wounds were
given. But some Of the dodgers Were not pro.
at the inquest on behalf OF the present defend
ant and rs far as there was any party 10 the
proceedings, II was Tue looms ihlllly hhv
their counsel. The indues, was not concluded
until the afternoon Of saturday Nov 4. and
then. with the evidence before them selected by
the Loomiscs, and with no other evidence. the
jury were unable TO find the fact against the
person whom the Loomiscs accused. The yer-
dict wns that according to the testimony. George
Washington LOomis came to his death boy the
of these persons was James L. Filkins, The
case WIS thus left shrouded in mystery upon
the partial and eX parte showing ot the family
themselves ! pom the rendition OF this verdict
but who WIS not one Of the inmates OF the house
at the time and not resident there. went before
George W. Cleveland, one OF the Justices OF the
Peace for the town OF Sangerneld, and swore
out warrant against James l. Fi,kins alone
charging him with the murder. In this pro-
eeedlnE counsel again appeared Tor me
Loomses tho same counsel who had acted for
them during the inquest.
| fiiklns WAS arrested on the warrant con-
tnued Mr.. COnkling and brought before the
magistrate and demanded an, eSamination
The examination WIS set down for Monday the
9th Of November The first Grand Jury did not
sit until Nov, l3. On the 9Th the defendant ap-
pearrd. but the complainant appeared only by
Mr.. Lamb Of Watervllle. who MS counsel. asked
u postponement III Wednesday, Nov. g. that the
former counsel. Mr. Pomeroy might also con-
, venienuy be present This request was granted
! and the examination set down for the oth. and
to have been present at the house OF Mrs.
, LOOMS at the time OF the homicide. When the
sth came the real design was manifest. and
neither complainant. counsel. nor witnesses
appeared. The defendant insisted upon an in
! Of the Court. After attachments had been asked
witness concIl lded TO come in and th~reupon "A
third counsellor appeared aud stated IN his
! own language that at the request O! the
e | LOOMS family he moved that the case he dis
torney. the peoples counsel. and ID. {. Pome.
y roy. Esq. wish and insist that the action be
1 | for the defendant insisted upon thorough in
vesttgatton. ana gave the reasons which the
| law. founded IN truth and justice. gives why an
immediate ana open scrutiny should take place
! | and be recorded.
9 "The Grand Jury thus referred to-" Mr.
| Conkling continued, began its session Noy
c | IS. but there was a second Grand Jury Dec. IL
so that no considerations Of delay could prop
| erly impede this preliminary inquiry. The
? Justice refused 10 allow tie forms and the SUB
: stance OF the law 10 be mastered and managed
| and directed the proceedings 10 20 on. One
!. | witness only OF all those lodging in the housl
e was found 70 be examined. and one other wit
ness TO a collateral matter, and then the coun
. | sci who SAID he appeared at the request OF IN,
i | Loomis family attempted 10 outwit and circum
s vent the Justice and rested. Finding that III,
magistrate knew his duty and meant to do II
| the counsellor left the court in darkness Boy
D withdrawing Attachments were then sent ou
"a and every effort made during the residue Of th'
o week 10 command the presence OF the witnesses
a but by trick aud fraud and defiance the wit
Q nesses were spirited away and concealed. ant
0 SO the law was bafiled and the proceedings de
c ieated. The case was thus smuggled into IN
: 1.-THE LOomlses associated with the District Al
y now FILKISs WAS INDICTED.
4 Haste was the essence OF the proceeding
4 said Mr.. Conkling, and the matter was intro
4 duced 10 the Grand Jury al the opening OF thei
y session on Monday. Nov. l3. All the witnesses
= and all the testimony which 1t WAS deemed lu
I dicious TO bring forward were produced an'
G en1cusIon SY Sf t3e whole mater If an indict
i mont could legally be found. everything b,
4 which 1t could be supported everything upol
4 which action could legally be based. was nov
+ before the jurors. All this. however. was iouh'
I, insufficient. The statements Of the witnesses
/ were inconclusiye or incredible. or else the wit
:, nesses themselves appeared unworthy OF belief
= The probable guilt OF the accused was not mad
~ out and the attempt 10 indict must fail fer wan
=, OF proof Had this been all. there would b
q nothing to point 10 any particular item OF miss
" ing proof, nor 10 any particular missing VII
a. nesses But II WIS made more definite. Tn
Il | Jurors commented on the absence Of Jones AM
- Bird as they We're then called. two men admit
ted 10 have been in the house in which tho al
- | legged homicide was committed al the time of IL
!, commission. who had not appeared either be-
4 fore the Coroner or the magistrate, and who's
p absence was observed Immediately after It wa
~ known that deed Of violence had been done
~ Their non-appearance was suspicious. and be
sides they must be able 10 make important dis
I closures. The Jury We're informed thAt thes
men were at n dlstance-nO one knows where
- and the requirement that they should be pro
duced was evaded. Two or three days ELAPSED
~ and during this time these witnesses were ac
p tually in the halliwick at Rome. only fl tee
=, miles on and the Loomses and their cOunst
20 knew ii. The District Attorney WAS kept In IL
% norance OF it, II he was in ignorance at all, b
= fraud II not by falsehOOd. Jones, at least. say
. he was advised and prompted not to appear be
y, cause his testimony would not be Of dcslrabl
- | character -