Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1885-12-04
RICHARDS, FRY AND FAUVEA.

4
Our objec inpublishing the opin-
ion in full is two-fold. Some law
yers should read it, study the au-
thorities referred to, and from it
draw some lessons in the criminal
law, learn from it what law really
is, and what the rights Of the citi-
zen are under the law. a great
many men who know by intuition
the guilt or innocence Of every man
arrested, and exactly what should
be done with him, should read, and
try to acquire the Information
which Shakspeare's Puck possessed
nearly three centuries ago "What
fools these mortals be-
For nearly sixteen months these
three men have been in illegal con-
fnement, avowiug their innocence
and maniiesting a patience and
good department which have en-
listed for them the sympathy Of
many who a year ago looked upon
them as among the most vilIainous
of Gods created beings.
At their trial they sat with lips
sealed by that law which said they
should have its amplest protection
by presumption Of innocence, and
the benefit ofevery doubt whether
of law or of fact. Witnesses from
what motive soever they were
prompted could be examined
against them. Their conviction was
had on the evidence Of one man
who agreed to remain in Jail for
months to testify. lie said he was
of the conspiracy; that they we're
| to burn a barn, and he was to burn
other buildings of the chief prose
cutor, and to poison the stock in the
neighborhood; that he went out to
perform his part, but his heart fail
ed him and he took refuge in a
chicken coop where he saw the
flames from the burning barn and
slept during the night. One other
with IS. a female, of equally bad
repu c. vas introducedas one of the
owners Of he burnt barn. Before
leaving Woodstock she parted with
her immense interest for a mere
bagatelle. The only threat proved
was that one Of the witnesses said
before this woman should have any
of that property he would lay it in
ashes. The " evidence" IN full was
certified to the Court of Appeals,
and under the rule all the evidence
against the accused was considered
against them, and all in their behalf
discarded. Yet a unanimous court
reversed the courts below on their
rulings On three exceptions taken
by the prisoners counsel, including
the motion to quash the indictment.
The Commonwealth had for at
torneys Messrs. Walker, Allen and
Conrad and the AttOrney-Gcneral.
The indictment was drawn by
Judge Allen, Mr.. Conrad prepared
brief to aid the Attorney-Gener-
al in the Appellate Court, while
the prisoners had one attorney each,
and of these but one, General Will
liams, argued the case orally on
appeal.
1t is not Necessary to our purpose
to enlarge on this subject. The
opinion of the court is unansweIa-
bic. 1t is we'll to state, however,
that these men cannot be retired
under the Fifth Section" The
Court of Appeals could not know
anything but what appeared in the
record. They were all three IN
dicted under that section at the
same time the other indictment was
found, aud as they were not tried on
| that indictment, and four terms OF
the court having passed without
| trial through no fault of theirs,
they now 20 forth as free men, 50
| recognized by the law.
1t may not be amiss to remind
| some gentlemen of too much month,
that all accused persons are emitted
to counsel even though the court
have to appoint counsel for them,
and lawyers worthy to practice
their profession care as little for the
anathemas of the malicious, as they
| do for the assinine brayings of IA
natics who would prostitute law for
| the qualification of their personal
spleen.