The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-15

Ohio on one side, and a single man. Robert B.
Montgomery, on the other sidel think not
think
Again. suppose he were a man somewhat
versed in judicial proceedings, somewhat stu
dent of judicial proceedings. either in this conn
try or in other civilized countries OF the globe,
and after listening TO arguments-if they be
called arguments-or speeches-which they
tainly can be called-on the part OF the defense
here, he should ask himself, What kind of peo-
pie are these Americana How do they try their
causesl Do they try them upon
the evidence, or do they try. them
unsupported assertions of counsel2 Is that the
way they try theml Do they try their causes
upon testimony delivered in court from the wit
ness-stand, or do they try them matter not in
evidence at all. matter wholly d-hors the rec
ord wholly outside of 1t, and which matter s
ARGUED by counsel with as much earnestness as
if il had been sworn testimony before the jury
and the COURT Would he not ask himself such
a question thatg
Suppose he had come in when Mr.. Converse
was drawing his dramatic picture of a
which he had the audacity say took place,
be was informed. at the Park Hotel, In which AL
gernon Granville is made to figure as the hero or
the occasion, and to fall down and roll over the
floor. and in perfectly biasphemous manner TO
pretend to give his experience when he obtained
rehgion-would he. Listening 10 that speech.
imagine for moment that not one word OF
testimony has been given in this case that Jusii-
hes MIR. Converse in saying one word on that
suhJectf Would he not wonder that conduct so
unprofsssonal, so wholly unjustifiable could
mark the course of lawyer of the long expert
ence and observation-disclosures
Mr. Observation-Disclosures ability.
Judge Ihurman-Ability; yes, that is the word
/ want.
Mr. McSweeney-I knew you did Laugh
ter.
Judge Thurman-Most unonestionablv. gem
tlemen, he would have stood in amazement. He
would have asked himself, lis this civilized
country or not; IS this a country in which there
are rules or law and evidence which are enforced
by thu courts. ard which alone have any weight
with the juryY' But hat is only thing; that
Is only one thing Mr. Converse saw fit to as
sert. II l understand him correctly, that the
citizens committee had raised $40 600 to convict
Robert B. MONTGOMERY Where is the testimony
of 1t? Where ie the proof of III Not witness
has testified to any such thing, or anything like
1t. and vet that learned and experienced coun-
selor did not feel the blush of shame mantle his
cheek when he has spoken in that way. without
the slightest warrant IN the world for speak
ing
But th lat is not all. might go on here again
and again. and again to speak of this wandering
away from the record in this case, 10 try--not
Robert Monteomery-but to try other men
whose whole offense is that they have sought to
see that the laws of the State of Ohio are
forced. Why. pray. who these gentlemen
of the Citizens Committed VINO thsy1
Purchasers of perinred testimony Is there
of you who believe it2 Is there of you
twelve men who for moment be-
iieve that one single man on that citizens COM
iDittee, of whom you have knowledge ever
guilty of such crime in his life. would be for
any consideration whateyeri Why. them de-
nounce thu in this unlimited and interruptions
manners What has your prosecuting attorney
done that the vengeance of the counsel should
fail upon him2 Is he not the prosecutor of the
public pleas, and the prosecutor of crimes
that are committed within the countya
Is ne not the prosecutor of
that his oath9 Does not the statute make it his
Office, and does not be take an oath that he will
support the Constitution and the laws of the
land. and faithfully discharge the duties of his
ofice2 And how he faithfully discharge
them If he let's criminals unpublished when,
by The use of proper means. he can bring them
TO Punishment How can he discharge his duty.
how can he keep his oath how he meris the
appreciation Of the citizens of this county and OF
the State if he leaves stone unturped which
might lawfully be turned in order 10 convict the
perpetrators of crime. and especially of great
crimes like thesel And vet he has been put
upon the gridiron and roasted as if he was the
yilest man within the limits OF this county.
Gentlemen, it is sorrowful proceeding to SEE
1t 10 the strangest thing in the world Your
Legislature can appropriate SO 900 or $40, 900
for the arrest and con- iction of criminals; your
County Commissioners offer. and they have
often done SO, large rewards. going into the
pose; citizens. as they have often
done, may make up purse to assist the officers
of the State an the detection of crime ant in Its
prosecution and in it's punishment All this has
taken place ever since America inhabited
by white men; and yet, because some of the
citizens of Columbus have contributed small
crime in detecting the guilty persons and bring
ing them to punishment. there is no language
too coarse, no language too severe that has not
Why, the other day Brother insolvency said
he had nothing TO say against the citizens COM
mittee: that they were very clever men; that hs
knew some of them. and felt honored by their
acquaintance and their friendship. Now, gem
tlemeu, does he feel hopored by the acquaint-
ance and friendship of men who are the hirerss
of perjury in order TO convict innocent men3
Are those the kind of men with whom he pre-
fers to consort2 Are those the kind of men
whose friendship he considers feather in his
ant III Ira
You can see for / take it You are twelve inteili-
gent msn-you can see tnat this defense has
consisted, ana manly consisted In Trying 10 ol-
vert your attention from the real question You
are sworn TO try, and putting other men on trial
who not before you p. all
Why, geptlemeo list let ask you if-as
counsel for the defendant have asserted again
and again with great deal of strength of lungs
and great power of action-if there is no testi-
mony at all against Robert B. Montgomery,
why, in the name OF common sense do they
ont of the way to make this assault upon the
officers and counsel of the State and the citizens
who have come their aid in trying ferret
this crime2 Wasnt this crime that ought
to have been ferreted ont. no matter who COM
mitted it. no matter to what party he belongedf
Was il not q crime that ought to be ferr+ted out
and onght to be punished il you can find the man
men who committed it, If there Is no testi-
mony against Robert B. Montgomery, If this
whole case is utterly broken down, and II. as
counsel have so often asserted. there ia not one
single iota of testimony that tends even to show
that he is guilty, why. ask them, do they take
this immense labor on their shoulders
and try and convict reputable
citizens in Columbus there the
town plat. reputable officers there in
your public buildings reputable lawyers as
cap be found anywherei Why do they expend
their strength days IN and days out. why do
they assai these men, in stead of presenting
plainly to the jury the evidenc that relates to
Robert b. Montgomery and asking you rs that
evidence sufficient 10 convictp That is all they
had to do and if the case, as they cay II Is. Is so
plain that he who runs NAV read-if il is so
plain that man hesitate for momeDt in
saying that there is not sufficient evidences here
then, once more appeal 10 your common sense,
why has the greater part of the time of this trial
been consumed in assaults upon the citizens
committee of Columbus, and upon the officers of
the Siate9 Gentlemen of the jury, actions
speak louder than words. IL these gentlemen
had confidence in their case the testimony
that relates TO Robert B. Monteomery--the only
thing for you consiier-if they had that con-
fidence in their case they would GO bed and