The Providence news. (Providence [R.I.]) 1891-1906, 1893-06-12
III that IL Freedom,

lney ulu not seek 10 Hnu Tue culprlt-
They found her.
If that Is Freedom,
God save the Commonwealth OF Massa-
chusetts. IL that is voluntary evidence
then compul sorry must ever hereafter be
b. called voluntary. Your honors, IL
have seemed to sep outside the bounds
of strict law you will pardon NV feeling.
IL i not l who speaks. 1t is he defend
aat who SPEAKS. Out Of the fullness I
her light aud knowledge sne stands be-
fore you. She stands t)day on the bill
of rights. That document was born
when Massachusetts, was born. /; has
been the spirit of the law from that day
TO this II declares that the defendant
shall not be compelled TO testify against
herself. Upon that right she stands to-
day and she only asks for justice. Mr..
Robinson then turned to the law and
said that outside cases had little to do
W tn this one There are but two cases
In Massachu setts which are pertinent.
lie cited the King case. la 1t the testi-
mony OF the defendant was taken whe u
he was not under suspicion.
la the present case she was. In that
case he was not. In that case the t .sti-
mony was reviewed by aud signed by the
defendant. In this case IL was not. In
that case the declaration was not made
while under arrest. In this case it was.
say in this case it was under arrest :
cause "a warrant OF arrest in the
la Ids of the marshal directed him TO
take this woman into Gus s.o ~. 1t did
not simply permit him TO do SO. He had
no ri ght To fail to serve it.
Neither had the district attornev any
athority to delay il In service Yet he
chief marshal put the warrant In his
pocket IL was Locket warrant, but that
pocket was the pocket Of the common
wealth, aud it should not have remained d
there.
1t should Have Been Served.
A case in Maine was cited-the Brad
ford case. In the decision rendered the
voluntary action of the witness was spe-
cially emphasized. 1t was laid down as
the invariable law. That it was not
privilege but the duty OF the presiding
Justice to warn the person questioned.
No attempts have been mads by play
upon the hope or fear of the prisoner.
Everything should be absolutely free.
But this woman was not tree.
The question was not AS to whether q
homicide had been committed. Every
body knew that the crime had been COM
mitted, aud yet that was ostensibly the
reason for which she was questioned.
That is what ali inque IS helu ior.
Yet this woman was practically under
guard for the very crime which they
were trying ostensibiy TO discover.
When tnat was known the common
wealth should have said to her, stop,
ask you nothing. 1t is your right to
sp, ak or keep silent" That was what
tue state wanted TO say, but it had no
voice.
They could not speak save through its
officers, aud they were silent They were
silent when Jaw and jus ice prescribes
that they should have spoken. 1t was
laimed that the question of declara-
ton being cont, ssion or u denial was
not import INT,
The charac er OF the declaration was
the point. Aaeuial might be " orse than
confession IN its value AS discriminating
the witness. 1t might be Trajectory
aud coniusing. Plainly such IA denial
mi hit b. convincing as eviJence or guilt.
Should that not be placed on parallel
with confession
Certainly no declaration OF such a
character should be admitted as evil
nee"
The Court Room Was silent
All during the recital Of the ex-gov, r
nor the court room was silent.
The speaker stood easily facing the
Judges His desk was strewn with
papers aud records. TO which he fire.
quently consulted. As he sat do yn a
nusn fell upon the audience, but 1t was
ut once followed by movement OF re-
lief. and there attended "a moment to
burst into applause.
During the splendid bursts OF elo-
quence many an eye was sutfused with
ears. Now aud then an Unconscious
sigh was head as the weight Of the
words was felt.
Mr.. Moody's Reply.
Mr.. Moody rose TO reply. He referred
TO the ell quent address OF his d. edeces
sor but said he plagiarzed the famous
caarg, at Balaklava. "It is eloquent
II is no law"