The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1883-06-01

our modern Scion again excerpts, and
rails upon the court with an eloquent
fury that would have made outraged
Timon as gentle as lamb. The court
forsooth, ruled that Defendant need
not answer as to having a revenue
stamp. Laboring under the misfor-
tune of being mortal and not endowed
with that superior ken the Prohibi-
tionistis blessed with, the court may
have erred; but with all due difference
and humbleness of spirit We would
suggest one thought to the lord Chan
cellor Bennett: we looked up that
volume SO confidently referred to, writ
ten by one Simon, not a tanner, but
Simon a lawyer, and found this kind
of proposition; no man shall be
compelled to testify against himself or
furnish even link i'm the chain of evil
dence by which he is convicted of a
crime. In criminal cases the burden
of proofs always OH the state and new
er shifts: it is upon the state to prove
every material thing without the de-
PENDANT opening his mouth. If the
defendant had a revenue stamp it was
the states duty to prove it or offer to
prove it al iande the defendant. A
very convenient mode of proof would
have been the certificate of the district
Collector.
AS to the contract the court may
have erred again, but it always did
appear to me that there was such a
thing as good faith on the part of the
state as of individuals. If one citizen
should do something by which some
other citizen was induced to do some
other thing, that particular citizen
would stand very poor show in a
court of justice asking to reap some
advantage from that conduct. Citizens
must come into court with clean hands.
He who asks equity must do equity, is
the rule as to citizens dealing with
each other. There may be an immun-
ity granted the state but we have new
er been able to find it in any book.
If counsel for the state felt aggrieved
by the rulings Of the court they had
their remedy: they were shrewd and
able, and knew well the track to a
court of redress, hut they did not see
fit to go there. Messrs Cox, Stillwell,
Simons aud kirkpatrick are about as
good as we can afford in this benight-
ed Section. We would like to give the
testimony entire here as it was but, it
would be asking too much for COM
municatiOn of this kind. The version
of it given In the Chronicle is SO near
and yet 30 far from the truth 1t would
be almost impossible to correct it with
out giving it entire.
Simmons testified that the whiskey
he received after he was fined was stOr-
ed away i'm a ware house and remained
there until this day untouched or OPEN
ed. He was around the place of bust
ness more or less all the time just to
pass the time away, having nothing
else to do. He sold nothing there, UNI
less possibly few cigars, and bought
nothing there. He had no doubt of
that fact. Bowman testified about the
same. AS to the perjury of the wit
nesses and the exact composition of
what they termed malt, the man with
his name all in front has the advant-
age again. They gave their testimony,
the state offered not a word to contra
diet it, and twelve good average citi-
zens believed it. 1t may be the law
according to the ideas OF Democratic
prohibitionists-for we arc prepared to
believe that kind of an elephant could
believe most anything-for district
judge to just stand witness right up
and sentence hin for perjury against
the verdict of jury, but we have not
arrived at that state of prohibition
progress over in this district yet. The
jury didn't take near so much stock in
the perjury business az the editor of
that wonderful reform paper. 1t may
be owing to the fact that they heard
the testimony, which sometimes makes
a wonderful difference.
This world is a curious affair any
way; people never were known to rec
ognize prophet even when they lived
to see his day. We feel assured of the
phenomenal greatness of our friend at
the heal of the Prohibitionist, but it
seems to have been so much of loves
labor lost for him to have spent so ma
ny years among the stupid Democrats
Of Kansas trying to convince them of
that fact; and the unkindest cut of all
is the fact that he has spent so many
years Of earnest and persistent effort
among the people of Cherokee county
trying to convince them of his great
legal ability, enough to make him
county attorney and has SO signally
failed. The common people are so
duh, any way. Mans inhumanity to
man makes countless millions mourn