The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1889-11-05
ga Daniel Hath Come to Judgment,
Yea. q Daniel.0

cases of Grantham, Barclay, and
Peacock, of Jefferson county, to the
Tallahassee term of said court fol
trial, without sense of humiliation
that such production should have
emanated from any citizen Of the State
who had been raised to the honora
BILE position of a United States
Judge. The substance and meaning
of the ruling is, that the express let
ter of the Statute does not require
that these prisoners shall be tried in
Tallahassee, and that he does not
propose to extend to them any rights
which the law does not compel him
to give them.
The United States Statute provides
that terms of the courts in the
Northern District of Florida shall be
held in Jacksonville, Tallahassee and
Pensacola, and the district has been
subdivided into divisions, called cas-
tern, middle, and western. The
eastern division has been known as
comprising that portion of the dis
trict east of the Suwannee river,
the middle division that part be-
tween the Suwannee and Apalachi-
cola rivers, and the western divis-
ion that portion west Of the Apa-
lachicola. If it was not the purpose
of the Statute that causes originat-
ing near these places designated for
holding courts, and within these
limits, should be tried there, what
could have been the purpose of it :
If one class of cases can be taken
from Tallahassee to Jacksonville for
trial, all can; and this provision of
law would become meaningless and
of no effect.
Any mind that can rise above
fiimsy technicality, and is endowed
with common reason can see that it
is the intention of that Statute to af-
ford to litigants and offenders the op-
portunity of having their rights ad.
Indicated near their homes, and
where the trials would be attended
with less expense and inconvenience.
A different construction is against
the clear intent of the law, and can
be arrived at only from stupidity, or
a wilful purpose to refuse statutory
right. His predecessors, Judges Fra
zier and Settle, gave this only reason
able construction to the law and estab-
lished rules in conformity herewith.
The most prominent political trial
that ever occurred in this State was
that of Gov. Allison. 1t has always
been regarded as case of the gross
est and most malignant persecution.
1t was in the bitterest days Of recon-
struction, when the district attor-
ney, Col. Bisbee, was a stranger to
the State, and had no feeling in COM
mon with us, and before he had be-
come softened by our genial climate
and association with our people.
That trial was held in Tallahassee,
while the judge and district attorney
resided in Jacksonville. 1t would
have been matter of amaze
ment to the whole State if
Frazier or Settle had made such a
ruling as this, or if Bisbee or Cheney,
while they were District Attorneys,
had insisted on it. 1t has been re-
served for this era of reconciliation
and peace, Qf 1t Is ever TO come,)
and for a Judge who was commended
for his liberality, and for a District
Attorney who was reared with our
people, to impose harder and unprece.
denied conditions upon those charged
with political offences.
The motion of the defendants upon
which this ruling was made showed
that they are citizens of Jefferson
county, where the offence is laid in
the indictment, that their homes are
near Tallahassee, a pace appointed
by law for holding the court, that it
would greatly lessen the expense,
and add to the convenience of them
selves and their witnesses, if the trial
could be held there, and that the
statutes contemplated that all causes
arising in that section should be