The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1885-12-05
oUAsHIN9 THE INDICTMENTS.

|
tening together with Judge Stipp to two
days argument, quashed the Indictment IN
one Of the conspiracy cases against Willard
Gentleman, Chase Fowler and }. Hale
Fowler, and In doing so delivered a long
opinion. On Tuesday he quashed the other
indictment but delivered no opinion. As
the decision is on point of law the FREE
TRADER will not attempt to criticise or
comment upon it, except to say that the
Judges opinion was remarkable and con.
spicuous for the extreme care manifested
not to say anything that could be construed
into diapproval of the methods OF cleo
tioneering adopted by the indicted parties.
But while we may have nothing to say OF
the law of the case, we can properly make
few suggestions upon the moral aspect
presented by it.
The law is a great science, which com
mon people never can be made to compre-
| bend and in the intricacies of which judges
and lawyers only are posted But most Of
our readers undoubtedly have an idea of
what common decency requires, and hence
we may be allowed to talk plainly on the
subject in hand from that standpoint.
As we understand the matter these in
dictments stated that these three parties
formed a conspiracy to get up "A lot of bogus
circulars for the purpose of deceiving the
voters at the judicial election and of injur.
ing Judge Gilbert. One of the circulars
was on its face democratic circular and
was sent in every instance to republicans.
When they received it, they supposed it
came from Judge Gilbert and was directed
to them by mistake, supposing they were
democrats, and it made them believe that
he was engaged in very dishonest way of
elect )neering and was trying to secure his
election by fraud The other circular was
addressed 10 prOhibitionists and purported
to be signed by their committee recon-
mcndng Judge Gilbert rs a prohibitionist
! hostile to all liquor men, and as having
while county Judge "relentlessly pursued"
! liuuOr men. This was sent in every in
stance to saloon keepers who supposed they
had received it by mistake and it was cal
| culated to make them hostile to Judge
Gilbert on the ground that they could not
get "A fair trial before him if he should be
elected circuit judge.
II - oyua,fa1 bnt thnga nirpulurs oh a upI
great many votes. In fact the impression
was created in some quarters, and it was
even limited in some of the republican
newspapers that Judge Gilbert got ont
these circulars himself, and that when they
were discovered he denied having done SO.
All this being true, 1t is difficult for ordin-
airy people to understand why the use Of
these circulars for the purpose of deiraud-
ing and deceivlng voters and injuring Il
candidate is any better, from moral point
of view, than ballot box stulling or any
other device by which fraud may be com
mitted. The only difference apparently
between the two methods is that one
changes the ballots 10y fraud before they
are put into the box, ana the other changes
them after they get ia The latter was the
method adopted by Joseph Chesterfield
Mackin for which he has been tried, con
victed and sent to the penitentiary. The
former was the method adopted by our
home conspirators, and for which, by the
united efforts of the republican machine,
they have been elevated To the front rank
of the Ottawa bar.
AS we have before said, the law is n great
science which common people can never he
made TO comprehend. When Judges on
the bench decide that they cannot punish
conduct which shocks the moral sense of
the community, common people can only
bow their heads in wonderment and awe.
They have no bright to criticise or complain.
If they dare to do so they are reminded
is u subject too deep Tor their comprehen-
sion. This conflict between the law and
common decency may account for the re
markabIe fact that two circuit judges We're
necessary To try this case, after both had
shown disposition TO shirk the response
billty. 80 far as We have ever known no
such proceeding ever took place before in
this Circuit Men have been tried for all
the crimes in the catalogue. from assault
and battery 10 murder and no one ever
thought of calling in two judges. Was it
the fact that the indicted parties were law
yers that made the differenc, and was 1t be
cause these judges thought that the decl-
sion would be contrary TO the moral sense
Of the community, and that the odium
would be lighter If divided between two
than II borne by one alone:
Those who have investigated the facts
are not surprised that 50 great an effort was
put forth TO smother the cases without q
trial, nor that the defendants found their
Ia "a