Omaha daily bee., 1885-10-05
A MODEL NEBRASKA JUDGE.
Anecdotes sf the Jurist Who Pronounced
Sentence Of Death On Zimmerman.
COURT IN anAssHoPPeR DAYS.
A Fight that Failed to MateriaIiSe--
Another Tsailrosd Seeks Entrance
to IdAooln--A Sv,tndicr
Catches Farmer.
fFnos rur Bs.'s LINCOLN nus,oi

Lincoln lawyer yesterday 10 group of
gentlemen as they steo6 discussing what
tiiat officials feelings vorc whca he
heard of HimmermAn's releHse aud tho
manner in which 1t was accomplished.
"You know Gaslin tried Zimmerman,
ScOntinued the lawyer, "aad aRy one who
knows the Judge can form faint idea OF
.show he received tho news OF tho prison.
er's discharge. and the stOrTs he viii cro
atc ia his immediate vicinity. snd Tho
shsting up the Inhabitants will
get by his cyclone of adiectiycs
will fr exceed the shack of tho recent
gigantic aerolito OF Pittsburg. For miles
around the good pseplo, who all swear
by the Judge will be oenvinccd that it is
terrible explosion OF natural gas, and
the Judge cannot be blaresd much oiltcr.
KYcrgone in NebrAskA has heard Of
Judge Gaslin, who 10 known as \ terror
to evildoers. Criminals in his court
stand no more show than a snowflake
in sheol, " exclaimed tho lawyer, WHY,
it is small luncheon for him to sentence
criminal found guilty Of larceny, only
pretty fair dinner to pronounce pun
isllmeut on horss.t thief, aad n whole
banquet all to himself to jerk ner-
vousiy the gold spectacles from his
nose, and casting his eyes sideways,
at the convicted murderer before his
bar, say to him, And on the day named
at the hour of 12 O'Clock noon, You will
be taken by the sheriR into the yard of
the Jail and thero be hanged by the neck
until you are dead, dead, aud may God
have mercy on your soul Tho judge
pronounced such sentenCo on Ximmer-
man and being satisfied beyond the
shadow of doubt that the man WAS
guilty will now undoubtedly feel that tho
Sl0,000, which the state expended i'll tho
capture and conviction of Zimmerman
has been thrown away and the gallows
deprived of lawful victim. ] know
tric man in many things, but
with all his oddities he is and haa been
Just the man for judge in the district
where he resides. When it is rcmem.
4Dered that his district takes in all the
cowboy country of Nebraska some idea
may be formed OF the onerous character
of the judges duties. The judge is also
great economist and always labers to
have the terms of court in tho different
counties as inexpensive rs possible, and
when the drouth and grasshopper times
i'm Nebraska are recalled, when dollar
looked as big as II cart wheel to n farmer,
the people of western Nebraska knew
and appreciated what it was to have
term of court with Judge Gasiin on the
bench.
''Io give characteristic incident of
this kind, will relate q little story they
tell of the Judge, - continued the lawyer
to his auditors, which now numbered
twenty five or thirty attentive gentlemen.
"In the poverty stricken times referred
to, the Judge was holding court in ono OF
the counties Of his district. The jury had
been listening to the testimony given in
the case of horse thief, and the proof
against tho prisoner was overwhelming.
So, when the judge came to instruct the
jury, he said; Gentlemen of the jury,
there is no doubt in my mind about the
guilt of the accused. | have, however,
some instructions by the counsel for the
prisoner to read to you, and l want
to say right here that what they contain
is not law merely say this to put you
on your guard-look out for lawyers. L
will, nevertheless, read them to you
The jury retired and after n fow minutes
returned with n verdict of guilty. In
mediately tho counsel for the defense
arose and said: Your honor, | will
forthwith make n motion for new trial
The Judge glared At the attorney. 'Ah"
said he, want II new trial, want new
trial, ehy What's the matter. what's tho
matterg' Because said the attorney,
you instructed the jury orally that there
was no doubt in your mind about the
guilt of the accused, and that is contrary
TO the holding of our supreme court.
Well, well said tho judge, instructed
the jury contrary to law' Our
supreme court said so? / want to do
.sg.l.H -,
have new trial. Dir. Sheriff, call
the jury But, your honor, interposcd
the attorney, L want Il change OF yenue.'
'Ho! hop exclaimed the court, II change
of venue, eh? This is new phase of the
matter. What's your grounds Local
prejudice, if it please the court said the
barrister We'll, said tho judge, Ill there
Is local prejudice, you should have
change mt once, and grant tho change.
Just MS he had spoken tho last wori tho
county attorney arose and said Your
honor, | am not in this caso but am act
ing at the request Of tho county com
missioners, who desire to say that
ii change OF venue is granted
it will entail great expense on
all the cash, and tho graSshoppcrs have
eaten up everything even to our hoe
handles, besides here are the ailidayits
which so to show that no local pre-
judicc exists
'This was sumner for the judge. He
peered first at the prisoners counsel,
Then at the county attorney, then at tho
half'clad poverty grangrrs in
the court room, then examined the atli,
dayits, and then, as il he had suddenly
received revelation, he pulled his
glasses from his eyes aud said 'I'hiS is
an awful poor example. poor; we are
having hard times, terrible lard times;
satisfied there is no nrriudice here, no
sir. No prejudice, not bit of
IL, not bit of il; too poor for
prejudice takes men well ti!lrd up with
good Vcituals to be prejudicrd Amt got
it here, no sir. Change OF venue is re-
fused; Mr.. Sheriff, call the jury-mu>t
proceed Here his honor's face assumed
L determined look. But your honor,
said the prisoners counsel, i desire to
ask continuance Well, said tho
il dge, continuance. ch! cuntnuancc.
Well, what's the grOunds.' Not ready,
your honor Well, no objection the
case stands continued just then up
hoped the district attorney aud said:
'Yonr honor, ann opposed 70 continuing
this case, it will bo very expensive 10 pro.
duee many of the witnesses nnIin as
some of them live in Kansas, and it
will be impossible to lind thrm it they