Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-12-09
Is 400 Jam s,.trm 4 rnilnr.g
Correspondence b lhs iar0,Io.


Is tho Jury system a Tanuros
Correspondence Of the Gasettc.
ALBANY, TIN, Dec. I'm defense OF
the good people OF Albany and Shackel-
ford county, your CORE Spondent must
come TO the front after reading an article
In your Issue of the 2Sth OF November,
signed byone "Voritas,n seeking To iusti-
~ j. II. Blggs for the killing OF 4. l..
Whitman because the jury failed To agree
and a few personal friends went ON his
bond II Is far from the object OF your
correspondent TO bring down odium upon
the head OF the Innocent, or hold up Tor
public censure the unfortunate. But, as
the humble representave Of, and news
gathcrer for, THE GAzETrS---a paper that
we have always admired for Its truthful
ness and outspokon condemnation of
crime-we have had the boldness TO call
things by their proper names, and the
hardihood TO represent the true feeling of
the good people among whom we live.
We know not who "Neritas" is, nor do
We care, for we have no personal issues
with him or those he seeks TO oxouerate;
but we do know that the
opinion of the good people of Albany
and Shackeliord county has never
changed relative to their condemnation OF
the bloody deed that on the Sd OF October
last soiled the fair name of our com
munity and brought sorrow TO the mem
bers of two families. While they bow
their heads and humbly submit to the in
eyitablC, they feel none the less kcony
that the too liberal construction given
| the law of Seli-deicnse by our supreme
court, aud the strained views taken by
| the jury OF the question of reasonable
| doubt, have perverted the law aud
| opened up an avenue for the escape OF the
defendant. That our views may not be
uncertain, we quote from an article writ.
| ten by rs and published in the Albany
News at the time the verdict was rem
dcred
at is u wise and humane arrangement
OF justice 20 provide means Tor the pro-
lection OF defendants in criminal trials
against the uncertainty that surrounds
the taking OF life, as doduccd from the
! testimony of witnesses to the humiCidal
act We say It Is wise 10 enact the law
OF scli-defense and the doctrine of reason
| able doubt, but there should he no un-
certain boundary line TO seli.defcuse, That
an imaginary danger can be used
as 20 Justify the brutal killing, is To
build a breastwork behind which the most
cruel aud depraved criminal can shelter
! himself, after having outraged society and
! forfeited all claims 10 justice. That the
supreme court OF our state have 10 the
extent OF licensing crime and shelterng
| offenders, builded breastwork for muir.
derers, would be grave charge TO bring
| against that venerable institution of Jus.
tice. Nevertheless, when they so en-
larged the old common law doctrine Of
self-defcnse, so thata man could XIII on
the appearance of imaginary danger,
they contributed largely TO build breast
work, behind which the rcd-handed
slayer can bid defiance to punishment.
"All over this vast commonwealth the
| blood OF murdered men has flown IA a
sacrifice to the brutal passions OF crlml-
nails, who have sheltered themselves be-
hind the breastwork Of Imaginary danger.
There Is another breastwork builded by
the iuries Of our land, that almost makes
| Justice weep AM criminals laugh. We
speak Of the strained Interpretation given
10 the doctrine OF reasonable doubt. How
many junes make the fatal mistake OF al
lowing themselves TO entertain mere
possible doubt, instead OF inqnirlng II the
evidence will support the charge and 'es.
tablish the truth OF the. fact
certainty II thei law required absolute
certainty, as II mostly depends upon con-
slderatlons OF a moral nature, 1t would
exclude circumstantial evidence alto
gether.'
"The doubt should not be speculative
In It's nature, but real, reasonable aud
growing out Of the evidence alone, and
not the product Of the Imagination, that
can so easily ind an excuse for crime.
Laws. judges, prosecuting attorneys,
sheriffs and clerks are mere auXiliaries 10
the Jurors in whose hands rest the safety
aud security Of the lives and properly OF
our ctizens.p
When we look back over the history Of
the past and examine the progress Of man
kiud we lind here aud there saluiaTy aus
4 humane laws that sprang INTO existence
as the OutgroSlh Of the Intelligent efforts
Of men who sought TO better the condi-
zion Of their race Dy awakening spirit OF
\ Justice. Among the Wise and Just pro-
4 visions originating In the necessity that
grew out Of the community relations 81
Z men Is the time-honOred night % trial
by Jury. Il Is Incorporated In our Dill Of
rights aud stands out upon the pages 0i
Y our law books like some ancient fortress
whose iuprrgnabe walls show thai u has
] MlilnANNA AAAN 4t't+A "a NAAAAH fN'fff 49,
ages ~ time; while II NJ the same time
holds the protecting wings Of fair and
{ impartial justice oyer the heads u offend
ers bnd demands that twelve 81 his peers
shall Inquire into the truth OF the charge
brought against him and declare the truth
, OF II ON the evidence given them; y
represents the rlgor Of the Law
aid the viii % the people, and de.
, mands that 20 criminal shall escape ths
Just punishment that should follow tll'
violations Of the law But we are sorrl
, ~ say. that notwithstanding its ancient
, origin and time-honored service, and M
efforts Of our lawmakers 70 maintain "
/ purity and efficiency, We TOO often sec W
J principles violated, and ~ purity siaire'
by the crimson hands Of those who as
Z ii a. shield 70 escape the punlshmen
! 0emandcd BY an offended lew and ~ clli