The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1889-07-31
A SERIOUS MATTER.
An Illinois Judge Who Regarded a Hang
ing in That Light.

mat
LLusk's Eighty Years of Illinois Political
The judiciary of Illinois has ever been
held in high esteem. Nowhere is its his
tory marred with the charge of corruption,
and this has given it the universal respect
and confidence of the people. 4 great
many anecdotes are related regarding the
early courts, but the following from
''Ford's History" will serve to amuse the
reader, and at the same time show the
wide contrast between the practice of the
courts then and now:
"The judges in early times in Illinois
were gentlemen of considerable learning.
In general, they were adverse to deciding
questions of law. They never gave in
structions to jury unless expressly called
for, and then only on the points of law
raised by counsel asking for them.
knew one judge who, when asked for in
structions, would rub his head and the
side of his face with his hand. as if per-
picked, and say to the lawyers: Why,
gentlemen, the jury understand the case /;
they need no instructions; no doubt they
will do justice between the parties This
same Judge presided at a court in which a
man named Green was convicted of muir
der, and 1t became his unpleasant duty to
pronounce sentence of death upon him.
He called the prisoner before him and
said to him: Mr.. Green, the Jury in their
verdict say you are guilty of murder, and
the law says you are to be hung. Now,
want you and all your friends down on
Indian creek to know that it is not l who
condemns you, but it is the jury and the
law. Mr.. Green, the law allows you time
for preparation, and so the court wants to
know what time you would like to be
hY,rorO To %hio ha ro..1foI
May it please the court, / am ready at
any time; those who kill the body have
no power to kill the soul; my preparation
is made and / am ready to suffer at any
time the court may appoint. The judge
then said: Mr.. Green, you must know
that it is very serious matter to be hung;
it cannot happen to man more than once
in his life, and you had better take all the
time you can get; the court will give you
until this day four weeks. Mr.. Clerk,
look at the almanac and see whether this
day four weeks comes on Sunday. The
clerk looked at the almanac, as directed,
and reported that that day four weeks
came on Thursday The Judge then said:
Mr.. Green, the court gives you until this
day four weeks, at which time YOU are to
be hung The case was prosecuted by
James Turney, the encouragement Of the
states VINO here lnterpoSed ana said:
May it please the court on solemn occa-
sions like the present, when the life of a
human being is to be sentenced away for
crime by an earthly tribunal it is usual
and proper for courts to pronounce a
formal sentence, in which the leading fea-
lures of the crime shall be brought to the
recollection of the prisoner, a sense of his
guilt impressed upon his conscience, and
in which the prisoner should be duly ex-
horted to repentance and warned against
the judgment in the world to come To
this the Judge replied: %. Mr.. Turnev,
Mr.. Green understands the whole matter
as well as if l had preached to him a
month. He knows be has got to be hung
this day four weeks. You understand it
in that way, Mr.. Green, do you not?'
Yes, said the prisoner, upon which the
Judge ordered him to be remanded to jail,
and the court then adjourned"