The enterprise. [volume] (Wellington, Ohio) 188?-1899, 1889-08-28
ILLINOIS JUSTICE.
An oId-Tinas Judge who Regarded Hang
ine ma "A ssris,,is Matter.

An OId-Tinae Judge who Regarded Hang
ing as Serious Matter.
The Judiciary Of Illinois has always been
held in high esteem, says the author OF
'Forty Years In Illinois Politics." Nowhere
is its history marred with the charge Of
corruption, and this has given II the uni
versal respect and confidence Of the people
A great many anecdotes are related regard
ing 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 a jury unless expressly called
for, and then only on the points Of law
raised by counsel asking for them. know
one Judge who, when asked for instruc-
tions, would rub his head and the side Of
his face with his hand, as II perplexed, and
say to the lawyers: why, gentlemen, tho
jury understand the case; they need no in
structions; no doubt they will DO justice be-
tween the parties This same judge pre-
sided at court in which a man named
Green was convicted Of murder, and it be-
came his unpleasant duty TO pronounce SEN
.ence Of death upon him. He called tho
prisoner before him and said to him: Mr..
Green, the jury in their verdict say you arc
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
1t is not l who condemns you, but it Is the
Jury and the law. Mr.. Green, the law al
lows you time for preparation, and SO the
court wants to know what time you would
like TO be hungp To this the prisoner re-
piled: May 1t 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 lam ready 10 suffer at any time
the court may appoint The judge then
said: 'Mr. Green, you must know that IT Is
q very serious matter TO be hung; it can
not happen TO a 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 cameon 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 At
torney-General OF the State, who here in.
terposed and said: May it please the court,
on solemn occasions like the present, when
the life Of human being Is to be sentenced
away for crime by an earthly tribunal, 1t Is
usual and proper for courts 70 pronounce q
formal sentence, in which the leading feat
ures Of the crime shall be brought to the
recollection OF the prisoner, a sense Of his
guilt impressed upon his conscience, and
in which tho prisoner should be duly ex-
horted to repentance and warned against
the Judgment in the world 10 come To
this the judge replied; %, Mr. Turney, Mr..
Green understands the whole matter as
well as If Ihad preached to him month.
He knows he has got TO be hung this day
four weeks. You understand II in that way,
Mr.. Green, do you notP Yes said the pris-
oner, upon which the judge ordered hun 10
be remanded to jail, and the court then ad'
| iournedu