The Opelousas courier., 1888-03-24
An Open Letter.
OPELoUsAs, March 2lst, 1888

OBA La oAh
Won take occasion to remind me that
during my term as Judge Of this Dis
4rict. there were three homicides within
M jurisdiction. You don't name them,
considering it Unnecessary, as l was
well acquainted with the cases alluded
to: aud you add: "yon admitted all
, three of the parties committing these
liomicides to bail without q preliminary
examination" Further on, you say
II scarcely think that admitting to bail
persons under sueh grave charges With
out a public examination in which the
witnesses for the State are given an OPP
portunity to testify is the performance
of duty strictly according to law"
will give the names Of the accused
TO whom you probably refer - jeff
Thompson, DR.. Parker and Lester Clark
of Acadia parish. Had you taken some
trouble to investigate these cases, you
would not have committed the bluneer
+ of traducing me without just cause. In
all these eases, the charge was that OF
manslaughter. The parties were all in
the custody Of tho sheriff, and while uu-
der arrest, they applied-not for a pre-
iiminary examination - but for bail.
Under the circumstances | had no dis
~eretionaary powers. My duty was to fix
the amount of bail and nothing more.
In this I simply followed presidents es-
tablished by the Supreme Court in like
cases which occurred in this parish
within a few years. | also acted in
obedience to article 9 of the Constltn-
ton of 1879. cali persons shall be
bailable by sufficient sureties, unless Tor
capital offienses when the proof is evil
dent or the presumption great, or I'M
less after conviction for any crime or Of
tense punishable with death or impris-
. onment at bard labor It is needless
for me to say that maRsIaughter is not
a capital offeuse, and hence is ballable'
ANY tyro ut the bar could have told you
so. Every body is presumed to know
the law but that, Unjust say, IS very
violent presumption.
You should, remember that Il District
Judge is not II prosecutor. He cannoi
; iuuugutate IL prosecution; because IN
has to pass upon it. Had any law OF
fcer or any private citizen thoughtpro'
per to make an affidavit charging tht
, accused with murder, | would have OF
/, dered tisei,. arrcat and incarceration
] which would have continued until, b,
: writ Of haheas corpus and a preliminary
examination, they would have shown
!. themselves entitled under the ~constitu
= tiop and the laws to nj enlargement
Il either with or without bail.
-. | will here remark not in defense %
my course bat as a fact for you TO pom
& der upon, that two of the cases hav,
= been submitted to n grand inquest
= One has nnf ergone an examination be
= fore two gt nd jnries. Dr.. Parker wa
u indicted f i maaslaaghter and befor
7 il petty jury under the administrator
y of Judge Lewis, he has been acquitted
D. hl the case of Thorn t
: two grand ~juries, one while | was Judg
II aud the other since the election OF u
I, auccrssor-no true bill has been fount
u The third case in Acadia is awaiting til
., action of the grand jury.
y = [ did not act in accordance withwhs
~ YOU scarcely think to be right. ha
- for guidance the action of the Supren
Is Court in State ex rel. Condor VS. Sheri
he sc A. D. s55, wherein the charge
=. manslaaghter was made by affidavit,
- in the cases above referred to, AND
which the court said at is the cons,
tutional right of the prisoner to dem
~ it fhaiD aud it is not in the dig
fo1 of the Judge to deny h9
a 10 be understood that nothingN
this opinion must be construed as fer
l1f " stalling the subsequent action of a
% competent authority to find or perfer
~ charge of greater gravity against [
" relator. Our action is based on I
nature of the charge uoU pending agaIt
'"s him aud under which he Is entitled
bail" Yours respectfully,
E. D. EsTILETTE
af- Desoto Democrat, March I6: Z
eff Democratic mass meeting last night,
10. Shreveport, was a grand success.
was a snblime spectacle to see Sam ]
y. Emery battling against Warmoth, in
til, half of the Democratic ticket, WI
be Judge White and Gen. Nichols are
,li- TO be heard i'm the State. The fact
takes a man of brains to meet Warmt
isl and old Sam has to take the lead J
.eai he did in 1916. History repeats its
bli for in 1875 Sam McEnery led the CT
Ter paign that defeated Packard and ell
ana ed Nichols, and now has bad to 9
ap the lead again TO save the State Il
the Warmoth. However, the patriotic
nee of country and fidelity TO the De-
uld cratic party, that has ever burned y
Ised a steady flame within the heart OF >
the McEnery, that has never sputtered
'uid hickered in any uncertain light,
hey has ever caused him to spurn the
the of boiling the party or scratelin
hey ticket: IS equal to any emerge
ready for any sacrifice, save tina
principle; and to day bis voice IS
lai-s} only one heaid urging the Denoc
ma on to e His example is a ht
ASH one, and the pigmies IN intellect
tiers abusad him during the late camp
and who dared not meet him III !.
debate, arc now skulking in the
arIes while he is leading the .OTd Guard
10th TO certain victory We sincerely
one lieye, that if ii was not for the spie
ably example, the heroic, yea, sublime e.
FORK, of Sam MeEnerY, in behalf OF the p
fac that Wumoth would sweep the
ltioif like Il tornado next month. Inc q
g i'll back democrats are ready TO fello'
Fefat example of their trusted leader, bI
fy Of hope that the followers of Judge '
con & Co. will not follow their leaders
the skulE To tile Tickets at the app
Il for af day. like The iackai of the p
During si,e friendly contest in the
ocralie ranks, they Waged war wi
aud and sword. when blank cartridges
aimed used but now that a real % ls
s. d ,.,,aut dannar Ia at