Smyrna times., 1888-05-02

JUDGE CRUDE takes us to task
severely for an editorial in reference to
a case before the court last week which
he characterizes as both untrue and
unjust, and requests that we apply to
some one who was sufficiently inform
ed in the case. We had no interest in
the case and had no object in being un-
necessarily severe or libelous, and do
not want to be unjust to Judge Grubb
or any other public officer, and disclaim
any such intent. All the interest that
we have in any member of the bench is
that he shall be a good Judge, and all
the requirements in reaching this mea-
sure Is that of public opinion.
But to the case in question briefly
The position of the court would seem
to be this: "The witnesses for the
State made mild showing in their
testimony. There was no evidence of
murderOus assault or of any severe
wound caused by any deadly or dan
gerous instrument. The accused botb
pleaded guilty and the testimony taken
IN order to enable the court to fix an
appropriate fine did not indicate that
the occurrence was any more than a
blow or two, of an ordinary character
IN such encounters between men i'm
Guiding the prosecuting witnesses) who
were habitues of the race course and
were quarreling over foul in the
race"
We will not cOntrOvert this view OF
the court, but state the case at it an.
peared to a disinterested spectator.
The defendents in the case, Ford and
Gillespie, were severely beating Brown
for causing a foul and thus comino
out ahead in the race.
Mr.. Emerson, who had no connection
with them but was passing that wav
saw the cruelty that was being inAict-
ed on Brown, and in the exercise of
humane feelings and in the interest of
peace he asked them to stop, saying it
was shame to beat him so. Thev
wanted to know what he had to do
with it. He said nothing. but that he
did not like to see a man crueIy heat
en-. Thinking it was over, he started
away, and when some twenty PAGES
distant they came stealthily behind
aud one Of them dealt him a blow with
a heavy instrument that felled him to
the ground, making a severe and bloody
wound over the eye, the scar of which
he will carry to his grave.
Mr.. Emerson naturally felt aggrieved
that his efforts at good citizenship
should be thus awarded by brutality.
and brought suit more ia defense of
the majesty of the law than himself
He and Brown testified as the above.
which in the pressure and perhaps new
responsibilities seems not to have been
heard. The witnesses to corroborate
them were precluded from tesdfving
because the defendants submitted the
case, but the court did hear the counsel
for the latter and seemed to get their
idea of it from his statement which of
course was to minifY it. 1t was that
which led to the political inference. The
State, from indifference or something.
seems to have had no case of offend
ed majesty of the law" Thus in the
pressure Of an opening day of court.
was the Judge led astray as to the
gravity of the offence Of striking down
a good citizen who was exerting him.
self in the interest of law and propri-
ETY.. That a case so mildly put should
have diverted the mind of the Judge in
his new position is an extenuating cir
cumstance, that we are led to believe
will not occur again. In fact, we are
assured that an inquiry will be made
into the previous conditions of a case
hereafter, and impartial justice, as far
as possible shall in ali cases be given.