, 1891-09-18
4 W SIDED STORY.
Concluded from Third Page.

COncluueo rom InlrO rage.
effect: That the defendant had withdrawn
his plea of not guilty and entered a plea
Of guilty OF murder in the second degree.
This is not the place or time to discuss
the legality Of this proceeding. Conway
has able attorneys, and in the proper place
and ut the proper time l have no doubt
but that the matter will be thoroughly
discussed in and a proper and just con-
clusion arrived at by the proper tribunal.
When the jury in this case was dis
missed my connection with it ceased as
attorney. l have not only not received
one penny from either Mr.. Conway or his
friends. but, on the contrary. have re-
fused to be reimbursed for anything that
l have done. | have also refused to have
any connection with the case since the
jury was discharged. Before / lett Cas-
per. Mr.. Harvey, counsel for Mr.. Conway,
asked me if | had any objection to making
an affidavit stating the facts as they had
occurred IN court in r, ference to the with
drawal Of the plea Of not guilty and en-
tering. the plea Of guilty Of murder in the
second degree, as Mr. Stoll had requested
that | -hould make such an affidavit. |
replied that | had not. and then sat down
su- dict,ted to him the affidavit of which
the following is . 'opy:
A. G. Campbell, being first duly sworn
upon oath. saws that on the Sd day of
September. 1891. he was blythe judge Of
the above court appointed TO advise with
sud assist tNe counsel who had been re-
tanned by the above named defendant IN
rhe above entitled Gauss; that on the 81
day of September, 1891. the state an
uounced that it rested it's case; that OF
the 4th day of September. 1891. 10 reply
10 the Inquiry of the court a. to whether
the defense wa ready to proceed with the
cause. he, the SAID A. z. Campbell stated
that the defendant would withdraw the
plea of not guilty, heretofore entered and
would enter a plea of gniltv of murder In
the seconu drgree, whereupon the court
announced that the defendant would be
permitted to withdraw the plea of not
guilty heretofore entered and be permitted
to enter a plea of guilty of murder in the
second degree; that the said defendant,
John G. Conway, did not personally enter
said plea of guilty of murder in the
second degree, nor did he per
sonally request to be permitted to
withdraw his plea Of not guilty heretofore
entered, nor did he personally withdraw
said plea of not guilty. that the cour
DISCHARGED the jury sitting in the above
case without first having inquired OF the
defendant whether he consented to such
discharge; that the defendant, John @.
Conway was not asked bv the court, nor
BY any one in the courts presence,
whether he consented to the withdrawal
of his said plea of not guilty heretofore
entered; neither was he asked by the
court, nor by any one in the presence of
the court, whether or not he consented to
the entry Of said plea of murder In the
second degree; neither did the said
defendant in the presence of the court,
express his consent to any of the above
proceedings. A. G. CAMPBELL.
A word in regard to Judge Blake's in
terview in the Sun. There may be an
honest difference of opinion as to the pro-
priety of a judge rushing into print In
the manner adopted by Judge Blake;
there may be a honest difference Of opinion
as to whether such action on the part Of
a judge COMFORTS with judicial dignity
but as to some of the sentiments and ex-
pressions attributed to him .here can be
no honest difference of opinion.
In that interview he is attributed as
saying that some Of the attorneys will
fool around in that direction until they
get hurt" meaning the endeavoring to
get Conway's case into supreme court. II
this is not intended as a threat to mtimi
date Conway's attorney, then / would like
to know what it does mean; and l very
much mistake the mettle of the counsel
for Mr.. Conway If they can be i~ntimidated
in any such manner. John @. Conway
has the legal and constitutional right o.
having his case reviewed by the supreme
court, aud it is the sworn duty OF hi,
c~ouesel TO appeal his case to that court i
they believe there Is error in the record
The right to appeal is one of the great
est rights that the constitution and TIL
laws Of this country guarantee to iis citi
zens. One of the greatest iurists tina
ever lived, Judge Black, in speaking o
the right to appeal uses this language:
ut is not too much TO say that withou
this sheet anchor OF our judicial system
all the purposes OF government as ex
pressed in the preamble of the ~constitu
tion would be defeated. We would hav'
neither uuion, Justice. tranquility. com
mon defense. general welfare or lihert'
for ourselves or posterity The right t
spi cal is the right preservauve OF a.
rights; public safety aud private s%ecurit