Smyrna times., 1882-01-11

THE NEAL CASE AGGIN.-We had
thought the discussion of Mr.. Higgins
conduct in the Neal case, in newspaper
criticisms at least, ended, but his three
co]umned defence in Tuesdays Morning
NcWs brought out vigorous three column
editorial in the Erery EUening, and thus
between the two papers it went from day to
day tapering down to a column by Saturday.
In such long discussion, the bearings
have largely diverged from the merits of
the case-the wrong to socicty-to the
political influence which controlled the
case, or may be made to grow out of it.
The TIMES was the first newspaper to
give editorial expression, the Erery Erening
coming five or six hours after, and hence
could not have been influenced by any
other published opinion. 1t expressed
what was the conviction of the editor and
the feeling of this community before the
glamor of politics had been thrown around
it, of the strangeness of the verdict in
face of the enormity of the crime when
sustained by such indubitable proof and
corroborating circumstances. 4 wrong
had been done society and very naturally
much was charged to the doggcd per-
sistency of the counsel in his effort to
subvert justice. Mr. Higgins tells us in
his we'll prepared defence that he was i'm
pressed with the belief that Neal was not
guilty. Why, to less sanSuine person it
would be hard to tell, for it impressed no
other person so, acquainted with the facts
in the case. Mr.. H. is evidently of that
temperament that carries high pressure
of faith and is ready to put the stamp Of
veracity on everything he comes directly
in contact with. If member of a deba-
ting society and the question for discus
sion was whether Queen Elizabeth was
justifable in beheading Mary Queen of
Scots" and he were assigned by lot to
the affirmative side he would assume it u
fact and verify believe it before he had
Such confidence might be pardOnable in
the maiden effort of verdant lyceum
debater, but such impressibility is hardly
creditable to the ripe and trained forensic
counsellor.
One of the charges which Mr.. Higgins
most vigorously denies is that of packing
the jury" Whatever others may have
meant. the TIMES did not mean to imply
in any sense that he tampered with them
only that he used his extreme prerega-
tive as did Willard salisbury in the case
of DR.. West to clear his client without re-
gard to the defnace Of justice or the
effect upon society. But for this influence
of their trusted political leader there was
not one of those twelve men, if approach
ed individually who would not have pro-
nounced the prisoner guilty without any
extenuating circumstances. 1t was JUS
this influence that Mr.. Higgins used anC
abused. Mr.. salisbury used the speciOu'
plea of 'selfdefence;" )" Mr.. Higgins, W.
infer from his own statement) that thu
woman contributed to her own dishonOr
and while he did this by inuendo, impli
cation, &C., he dared not, Of the number o
witnesses he had summoned TO breal
down her character, put one Of them OIL
the witness stand. Nevertheless, he sue
ceeded with his jury in turning loose upol
society a prisoner against whom ther
was otherwise the most convincing cor
roberatipg testimopy-and against whor
were also charges of other attempts in com
hitting this heinous crime. A proper us
of an attorneys prerOgatives is right il
the defence of the worst criminal, bu
when u court of Justice, the divinely ar
pointed place of legal safety is made
vehicle to be used by smart lawyers an
willy politicians to further their own q
some ulterior object, then it becomes any
thing else than a protection of the innC
cent. When lawyer is JeopardiziHg tn
peace of society By going beyond the legit
mate processes ofa fair and impartial trial b
using every quirk of the law to turn
guilty culprit loose, and in so doing in
, peaches character and attacks the virtu
of the ilpocent and helpless, then he
prostituting an hoGcTed profession an
} lessening the public cOnfdeaee iA an il
+ stitution that all should look TO with q
, unfaultering respect. We do know ths
' respect for law has been lesssned by the ou
4 come of this TRIAL, snd so it will ever |
, when justice is subverted.
q Since this renewal of the controyers
r we have made further inquiry as to tt
/ truth of the charge and the character
f the chief witness in the prosecution,
o entertained i'll the locality where the Grim
q was committed -Thoroughfare Neck I'll
! response has been, there is no ono WI
i doubts Neal guilt and does not believe Il
). character of Mrs Gosser unimpeachable