The Russellville Democrat., 1893-05-04

 morning.
 We boast of our Democratic in stitutions, both State and Federal We had promised ourselves better things than this. 1t is q sad refec- ton that we are so inpulsiye that we cannot await the processes of law and do justice to all our citizens without distinction.
 The object of the laws punish ment is not to avenge-it delights not in the bodily pain or mental suffering of any man. but its object is to amend or reform the offender and by his example to deter others from the commission of crime. To execute judgement in mercy is an old proverb of the law. It hears be- fore it condemns by an impartial judge and an unbiased iury-before a tribunal stripped and cleansed of passion or prejudice, and that, too, after all has been done that can be done by the counselors, and after all has been said that can be said by the advocates in behalf of the pris- oner.
 How different the mob.
 It is actuated by motives of re venge and reprisal, influenced by strong and irresistible passion or deep seated malignity and executed with turbulance or with violence. It condemns without hearing and is partizan in its undertakings and execution. It is deaf to the cries for mercy or to the vail of distress.
 It involves the guilty and the in nocent in one common calamity.
 Flanigan Thornton was in the hands of the law, and had right to to expect the protection that should be accorded to every prisoner. The only assurance the man has when he leaves home in the morning that he will return is the protection the law throws around him. Remove this, and you have state of an arehy, rapine and murder. Every man, though confined in a prison cell, with his liberties taken from him, has right to expect and de- mand the protection of the law. No man knows the day nor the hour in which in the heat of passion he may commit some crime against the law and be arrested. You or l may at some time be placed in a like situa- tion and if crimes like that which was perpetrated in your city last Tuesday night be allowed to go un- punished, the friends and partizans of the individual may take it upon themselves to punish us as they did Flanigan Thornton. 1 believe there is no man so low but what he has his influence or partizan friends, hence you see the tendency of such things. Soon we would have no law, no order, but reign of terror, an archy and rapine would take its place. It is your duty gentlemen to thoroughly and impartially, and without malice to sift this thing to the bottom. It may be true that you may never be able to fasten this crime upon any one, but retributive justice will follow and haunt them all of the days of their life If some in an unguarded moment have been pursuaded to go into this thing, it will be the one dark spot of their lives and whether it is ever found out in this life, it will continue to haunt them all their days and finally they will have to appear be- fore the Great Searcher of all hearts and answer for this crime. If in your investigation you should find anyone who engaged in this crime, whether high or low, it will be your duty to indict for murder in the first degree. for this is the only name rec ognized by the law for such crimes. No man could have been engaged in this crime without malice, foretho't and reconciliation
 It is not necessary gentlemen for me to call your attention to the fact that it will require the vote oftwelve men to indict because most of you at least, have served on the grand jury before this
 l desire to call your attention to another phase of this case. On last Tuesday evening Flanigan Thorn ton was indicted by special grand jury and turned over to the sheriff of this county with instructions to produce his body in this court on yesterday for trial. This he has failed to do-his action in thus fail ing is subject to be inquired into by you.o. do not intend to convey the idea by this that he was en- gagged in the murder and do not make any charge of the kind agalnst him.
 But when Flanigan Thornton's trial was set, and when last l saw him he was in the custody of the sheriff, The law appointed the sheriff exclusive custodian of the prisoner It was his duty to safely keep and detaln, and protect his body from all harm and produce him here in court for trial. The sheriff 1 was his keeper. The grand jury then should put to him the pertinent i Where is Flanigan Thorn ton?'
 Although the jury may believe that the sheriff in no wise partici- pated in the murder, yet if they be- lieve the sheriff negligently failed to place around the necessary guards, | or failed to take such necessary pre- i cautions to protect the body of his prisoner as prudent man ordinari- ly would under the circumstances then it will be your duty to indict him for negligence in office Gentle men, you will now retire to the con