Daily globe., 1882-03-23
MANIFEST PERSECUTION.


trial of Judge Cox came to conclusion
last night resulting in verdict of guilty
upon seven articles, and judgment of
removal from Office and disqualification
from holding any judicial Office for the
term of three years.
While the trial was in progress the
GLOBE abstained, as matter of pro-
priety, from commenting upon the merits
Of the case. The newspapers retained by
the prosecution have been constantly and
repeatedly guilty of arguing the case; and
garbling and distorting the evidence in
a manner disgraceful to jour-
nalism, and in ordinary court
proceedings they would have been clear
ly liable for contempt. This is but an in
cident showing manifest malice pervad-
ing the prosecution.
Judge Cox has his frailties for which
the GLOBE has no defense or apology,
but Judge him as harsh.y as We
may, there has been an under,l :
ing current of malicious persecu-
ton mingled with the prosecution
from the very outset. We do not mean
by this that the Senators, as body, have
been actuated by malice, or that many and
perhaps most have not acted conscienti-
eusly, but the close observer cannot fail
to observe the under current designed to
convict, regardless of facts and evidence
hn ;cfo asr LOT. nf fo1c Il.
In the papers, upon the streets, about
the hotels and places of public resort, by
outside parties, prove the attempt to
create an idea that there was popular
pressure in favor of conviction.
In early times, in some sections of the
country, rural courts were wont TO as
scmble where jurors, witnesses, Judge
and attorneys came to the county seat,
with their own vehicles, convenient
sheds being provided for shelter of their
horses, each one bringing their own feed
and caring for their own stock. 1t was
not an uncommon occurrence for un-
scrupulous attorneys desiring to unduly
influence a jury to have parties gather
about the sheds during recess of the
court and while the horses were being
cared for, talk over matters under con-
sideration, with a view of having the
remarks influence the jury having case
before them. This was carried to such
an extent thatit became slang expression
that they were "horse-sheddlng the
jury" The gathering of outsiders, the
reports alluded to, the chance conversa-
tions indulgcd in, all show that the old
tactics of "horse- shedding the jury" are
still extant in a revised and more modern
form. Whether these appliances had any
influence or not is entirely immaterlal, but
they demonstrate the underlying animus.
Only two days since, the morning paper
in this city retained by the prosecution
published what they represented to be
Judge Cox's speech and deliberately fall
siied the text to make him say "not a
reasonable charge has been established
beyond reasonable drunk" This might
have passed as an accidental error of
typography had it not been that an edi-
torial accompanied it, commenting upon
the expression, and reiterating it. The
expression used was, of course, "beyond
reasonable doubt" and it so appeared
= in the correct report in the GLOBE. Three
of the most hitter witnesses against the
accused, admitted under oath, upon the
witness stand, that they were candidates
for the vacancy if they could
secure his removal. 1t is alleged
that one Senator declared hi,
readiness to convict before the trial be-
gan, and the fact that number of sena-
tors deliberately absented themselves
during the greater portion of the time
devoted to taking testimony. but were
promptly on hand TO vote for conviction,
demonstrates that there were others in
the same category. The absenteeism of
the Jurors rendered the trial farce
and made the verdict mockery of JUS
tice.
The verdict rendered fully justifies this
Judgment upon the conduct of the trial.
If the judgment had been suspension
from Office, or even removal, the situa-
tion would have been different, but when
it extended to disqualification for a
term of years, it became per
ecution and will react in favor
of the victim. 1t creates for Judge Cox
a popular sympathy, a feeling that, in
spite of his errors and convivial behavior,
he is victim of persecution, and instead
of being a rebuke and warning against
intemperance on the bench, it will
have tendency to make him