The Elk Mountain pilot., 1880-08-12
HE WILL RECEIVE JUSTICE.

1t is gravely to be feared that the
murderer of two men, now in the
hands of the civil authorities at Gun
nison, may 60 unwhipped of public
Justice from outside influence brought
to bear in his behalf Elk Noun
TAIN PILOT.
Our friends of the PMoT did not
stop to think that this is a reflection On
the integrity of the Court and the
public prosecutor. The man referred
to Will have fair and impartial trial
in Gunnison, by a prosecutor who
means to convict, and a Judge who
will hold the scales in exact balance.
A jury OF his peers will deliberate on
the evidence, and if the heino,s
crime with which he stands charged is
proven against him, he will be con-
victed; if 1t is not, he will be &C
quilted, as he would deserve to be.
1t is not fair to create public prejudice
against the prisoner, or to forestall
his trial by appealing to the passions
of the people, any more than it would
be right to manufacture sympathy in
his favor. We can assure the PILOT
that whatever influence may be
brought to bear in favor of tire pris-
oner can have no possible influence
upon the Court or the prosecution.
Il GuNnison Ne7os.
The foregoing excerp, from this
press was taken from an article in Our
last Issue, giving an account of the
hanging of mule thief in the O. Be
| Joyful basin. 1t seems that the CALLED
jade wlnces from a consciousness Of
the fact that it has been prominent in
efforts to create an outside influence"
in behalf of the accused, and seeks,
cutie fish like, by muddying the
waters to secure his escape. It's col
umns have been teeraing with Iauda-
tons of the unspotted integrity and
high character of the prisoner. One
would suppose from reading that paper
that he was very angel of light and
excellence, and those concerned in his
accusation and arrest, the very de
mons of the power Of the air. The
poor unofending murdered prospec-
tors, who made the prisoner their
guest in camp, and with whom he was
last seen, has not one word of sympa-
thy from the Ntzvs, not one. grain OF
regret for their savage butchery and
robbery. We do not propose pend
ing the trial of the accused, to give a
detailed account Of this bloody TRACE
dy, or say one word that may initiate
against fair andunprcjudiced tsial Of
the accused.
|. The feaf-expressed by us in he ex-
cerpt made byour contemporary, was
only the iteration of the publicliudg-
ment of the vicinage where this bloody
tragedy occurred, and had it had the
opportunity to have eliminated on the
testimony accredited by it, before an
impartial tribunal, a penalty would
have followed of blood for blood. No
one knows better than the editor Of
the Nea05 that plea OF antccedent
good character can not legally be in
terposed as a defense in an indict-
ment for murder, and yet such has
been the plea Of that press in its eff
forts to forestall public sentiment in
behalf Of the accused. 1t is all bosh
to say that the Judge and States At
torney constitute the Court, and like
Caesars wife, are above suspicion.
No reflections have been made upon
them and never will be made by this
paper on this or any other occasion.
The merest tyro in the profession
knows that the jury constitute the sole
judges both of law and fact in damn
ing felony of this character. The
issues of life and death are lodged in
the hands Of twelve men, and they
must be taken from the body of the
county where the crime is committed,
unless change Of venue can be OBJ
tanned from inability to procure a
jury who have neither formed or ex-
pressed an opinion on the subject of
the guilt or innocence of the accused.
We do not question the low estimate
put by the writer of that paper on the
"inhuence" it has sought to briag to
bear in favor of the prisoner, but it
greatly errs when il confines such in
Auence to the Judge and Prosecuting
Attorney. There is an outside public
from whom the jury must be drawn,
and to the extent of the influence of
the NeSos on that public it has dis
qualified citizens from sitting as Jurors
and furnished an excuse for removing
the trial of'thls case to another county.
Why IS it, if that press is acting
simply in the interests of public justice
that it has plead the innocence of the
accused before trial. and why should