The Wellington enterprise. [volume] (Wellington, Ohio) 1867-188?, 1884-07-30

In view of the fact that all fees and
costs of every character were paid by
the defendants attorneys, without refer
ence to the 500, placed in the prosecu
tors hands, that he retained the whole
amount full month without disburs.
ing one cent for costs and finally re.
turned every cent, after this affair came
to the knowledge of Judge Hale, and he
In private interview had given him
q severe reprimand, warrants the sup.
position that it was the understanding
of all the parties that the 500 was for
Mr.. Nye's private purse.
If it has come to this: that criminal
who has plenty of money and is dis.
posed to use it literally, can purchase
immunity from the penalties of law,
may the gods pity us.
We have taken pains to get at the
bottom facts, with regard to this 500
paid Mr.. Nye, and we state most posi-
lively and unqualiedly that this whole
story, Of 1t being left to pay costs, or a
guarantee fund to secure costs, is the
flimsiest kind of suDterfuge, an after
thought; that there was no pretense of
any such understanding till long after
ward, and we affirm that by no posi-
bility can George P. Metcalf be made
to say that 1t was not the understand
ing at the time it was paid that the 800
was for the prosecutors own private
purposes, nor will Judge Hale, who
also knew the true inwardness of this
case, but who came to his knowledge of
1t some time later, say that it was not
the understanding that the 800, was
for Mr.. Nye's own use, regardless of
expenses. There was no pretence
of any other understanding, and it was
in consideration of the fact that the
case had been dismissed Illegally, with
out consultation with the court, and
that crime had been committed in the
taking of the 500, the contemplation
of which gave Judge Hale great dis
tress, we say it was in consideration Of
the above facts that the Judge gave Mr..
Nye such a severe reprimand as caused
him to return the money forthwith.
The most that Judge Hale can be made
to say is that he does not think Mr..
Nye intended to act corruptly. He will
not say he did not act corruptly; he
will not say he did not commit
crime, the contemplation Of which gave
him unspeakable anguish, but only
that he does not think he intended to
act corruptly. We do not like to be-
lieve that Mr.. Nye was consciously
doing an illegal act, but If the motive
was innocent, the transaction was none
the less crime The manly course
would be to acknowledge that he made
mistake, and ask the people 10 over
look 1t, and give him chance to rein
state himself In their confidence. But
we want prosecutor who will not
make such mistakes. The idea OF in
voklng the aid OF the great state Of
Ohio 10 return criminal, the evidence
of whose guilt was at hand, whose guilt
was not in fact In question, as the
result shows merely to squeeze out of
him thousand dollars to be divided
between the prosecuting witness, the
attorneys and court officials, is a trav-
esty on justice, and an insufferable out
rage on a law abiding people.
II the dignity of law and the sacred
ness Of justice have come to this, may
heaven defend us. The evidence was
so clear that an indictment could not
have been avoided, and failing to ap-
pear, the bond would have been for
feited to the state, and the criminal
could have been rearrested and tried
for his offence, if ever found, and the
state would have been protected, but
as II is, the state was sold out with the
accommodating purpose apparently, of
giving the defendants attorneys
an opportunity to secure their
fess from their guilty client.
They looked well to the inter-
ests Of their client and cleared him,
but pray tell us who looked after the
Interests Of the state of Ohio.
In view Of all the facts 1t would appear
that Mr.. l. s. Metcalf was not hitting
very wide of the mark In his first artl
Gle and considering the unsavory charac.
ter OF his reviewers connection with this
affair, he made such a monumental ex-
hibition Of audacity and cheek as to
lead us TO ask,
''Now, In the name Of oil the gods OF once,
Upon what meat doeth this our Ceasar feed,
That he has grown so great"
A man who could write that he had
defended many criminals in the course
of his legal practice, for many OF whom
he had sympathy, all of whom he
pitied, but had never defended one who
could better his condition by exchange
ing places with Mr.. /. s. Metcalf,
ought to have his garments as pure and
unspotted as an angels, without the re-