The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1890-10-17
Capt. Ewing and The Carter Cases.

We understand that objection is
made in certain quarters to the re-elec-
ton of Capt. Ewing OH the ground that
the county has been obliged to employ
additional counsel to assist him in the
prosecution of the Carter cases. We
desire to call the attention of those
who make this objection to few facts:
First: Captain Ewing did not ask
the Board of County Commissioners to
employ additional counsel. The Board
did so of their own motion, because
they considered it necessary. They
asked Capt. Ewing if he had any OBJ
jections to accepting the assistance of
Mr.. Benton and he of course replied
that he had not. To have done Other
wise would have been everywhere
construed as professional and person.
al discourtesy. Second: Not less than
a dozen of the heaviest taxpayers of
the county urged the Board to employ
eminent attorneys from abroad, in
addition to Benton & Campbell.
The Board consulted Capt. Ewing
and he told them he did not
think it was necessary. So whatever
blame there was in the employment of
additional counsel should be charged
up TO the Commissioners and not to
the county attorney for the latter new
er asked for help. But no blame should
be attached to anyone for the reason
was utterly impossible that one man.
hnu oh
cessfully. Here were twenty men
charged with murder. They had en-
ployed to defend them sir attorneys,
among them at least one who is recog-
nized as one of the strongest lawyers
in the State. They had scores of SYM
pathizers to assist the attorneys with
their knowledge of witnesses. What
could ono lawyer have done on the
other side, though it were Daniel
Webster himself? For one thing he
could not have stood the mere physi-
cal strain. The trials lasted three
weeks, with night as we'll as
day sessions most of the time.
Not one man in 10000 could
have sustained the physical
and mental strain of questioning every
witness, listening to the questions of
the other side and meeting the tech
nical points that are always coming
up in closely contested case. Anoth-
er thing: The prosecution, in cases of
this nature, never know what witness
tn, defense will introduce until ne is
placed upon the stand. The questions
at once arise then, Who is this man?
What motive might he have? What
are his antecedents' Is it likely that
he is telling the truth? What
chance would there be for one lone
attorney who must be always within
earshot of the witness, to find out any
of these thugs? And yet without this
knowledge be must stumble blindly
in the dark. Surely anyone who has
the faintest conception of the difficult
les in the way of the prosecution of
such trials as the Carter cases, must
recognize that one attorney attempting
to try them alone would have
found himself Overwhelmed One man
may be able to farm forty acres
very well, but he would find it
difficult to farm 600 acres without
help. Capt. Ewing managed these
cases on the part of the State. He
searched out the testimony, got it in
shape and presented it in the most
effective way. He was ably assisted
by Mr.. Benton, but the responsibility
of conducting the prosecution was on
his shoulders. Aid when the results
are considered in the light of the
come, We think it must be adj
mitted that the cases were tried
with marked and unusual ability.
Those who criticise Capt. Ewing
talk as if he were the only county at
torney for whose assistance the county
has ever been obliged TO employ addi-
tional counsel. Such IS by no means
the case. 1t has always been custo-
mary for the county to furnish assist
aDce to the county attorney when men
were to be tried for capital crimes.
Going back no farther than "a we re-
call that the county expended $500 in
the prosecution of the Gillilands, in
addition to the regular salary o. the
county attorney. And twice during
Mr.. Benton's. administration of that i
Office the commissioners employed adj !
ditional counsel, once in the case of
State VS., Sears, and again in the case :
of State Us. Samuels=-neither of them !
anything like the labor or
the difficulty of the Garter cases. Mr.. /
Amos and Mr. Benton were two of the
ablest county attorneys we ever had, /
and if they required assistance in COM
paratively simple cases it is surely no
reflection ON Capt. Ewing's ability
that he should accept the help that
was offered him to prosecute cases that
were incomparably more complex and |
difficult.