Omaha daily bee., 1894-03-25

for the purpose OF showing that The Bee Is
a paper Of general circulation.
Q-Do you know whether The Bee Is gem
orally circulated here in this city,
Mr.. Simeral-Of your own knowledge.
Al know It has some circulation; as to
the extent, | don't know.
The Court-Of course we don't expect II
to be as large as the World-Herald, but It
has a general circulation You see II fire.
quently. do you? Ayes. sir.
Q-Both morning and evening? Ayes,
sir.
Witness excused.
The Court wish to state further that
The Omaha Bee Is a newspaper circulated
generally in this county, and that the edi-
tion called The Evening Bee of the 9th was
circulated throughout the city and in the
county of Douglas, in which this article was
published, and in and around the court house.
Have you any evidence?
Mr.. Simeral-Yes, yourtonor; this Is the
answer of Washington ID. Perclval in this
case.
The Court-You can't read 1t. II you
have any evidence | will hear you.
Mr.. Simeral-This is evidence. This an
answer, which under the rules of the court
is admissible.
The Court-Have you any evidence?
Mr.. Simeral-We only have this answer,
which is a complete and absolute defense
In this case.
The Court-You cant read It.
Mr.. Simeral-Your honor will note an ex-
ceptlon for not permitting us to read the
answer of the defendant, which is sworn to.
Judge Dufie-And Offering 1t as a full
justification OF the charge.
The Court-The court has not instituted
these proceedings for any other purpose than
to protect one OF the institutions ordained
by the people. organized by the people, the
sovereign authority of the state for the
protection OF life, liberty and property. Had
this article reflected upon the personnel
of the court-if It. had ended there | should
have taken no notice of it. | can not stop
the court for the purpose of indicating the
personnel of the court; | can not do that,
| Will not do 1t. No matter what any one may
say on the streets about Judge Scott. Judge
Scott, as judge of this court, will take no
notice Of 1t. | was not elected to this position
for that purpose. | WAS elected to this posi-
ton for the purpose of administering the
law honestly, equally and fairly to every
man. black or white. nigh or low, enemy,
friend or foe, and | have done that. | can
lay my hand on my heart (pattfng his shirt
bOsmo) and say / have never varied from
that. do not believe | nave got an enemy
in the city of Omaha that would accuse me
of 1t. i do not know howl try not to do
1t, because | should be violating my own
sense of right. The people elected me here
forthe purpose of protecting this institution,
this court in which the peoples rights are
passed upon, where life itself is the stake,
life, liberty and property. Now, there is
no other way, no matter. so long as the
people have confidence in the integrity and
honor of the court. no matter what may be
thought of the personnel of the court-no
matter. so long as the court has the
confidence of the people that there
will be no corruption there, so long
will the liberties of the people be safe, but
when the court is dragged into the filth,
when an institution that is the only in
stitution for the administration of right
and the prohibition of wrong-the preserva-
ton of the rights of the people, so long as
that institution is kept above reproach, so
long Will the liberties of the people, their
lives, their property, be safe. Whenever
that fails, human life. human liberty and
human property is at the mercy Of the mob.
And the people demand of their Judges
they have theright to demand-the law de-
mands and the oath of the judge demands
that the judge of a court shall see to it
that the honor and integrity of the court
is not dragged into the slime and filth Of
personal matters.
Now, there are two kinds of contempt, d.
rect and constructive. and the question here
is. does this article-that is, this article that
was published in The Evening Bee of he 9th
of this month, is that calculated to bring
the court-not the Judge, but the court as an
organized body for he administration of law
and the protection of life, liberty and prop
erty-is the court brought into contempt, ridi-
Guile and disrepute? Let me have that paper.
Now, let me read: Justice without equal
ity. Sentence adjusted to fit the man. One
party to a crime gets a five years sentence
in the penitentiary. while the other gets the
benefit of a quill Those are the headlines.
Persons who were around the criminal sec
ton of the district court yesterday after
noon"-that is this court-'witnessed a strik-
ing illustration of what 1t is to be possessed
of a pull. These same persons were also
given an illustration of how easy it Is for a
man to keep out of the penitentiary If the
pull is worked for all it is worth" What
does that mean? That only means one
thing. 1t cannot be understood by any man
sane enough to be out of the insane asylum
to mean anything but one thing. 1t means
that this court is corrupt, and was corrupt
in that case, in that 1t adjusted the sem
tence in the disposition of that case, and
the sentence of criminals in other cases,
according to a pull that the defendant had
on the court. What does that mean? 1t
means that some criminals have an advan-
tage of the. court, by money or some infu-
ence OF some kinda power that other GRIM
mails have not got; hence those
who have not got them go to the
penitentiary, while those that have those
pulls stay out. If these things are so, as
l said the other day, If these things are so,
IL these facts are true-if any man brought
into this court has a pull on the court
which determines, outside of justice and
right whether he shall go to the penitentiary
or whether he shall stay out of the p%eniten-
tiary, and if he goes to the penitent!ary how
long he shall stay there-if such corrupt in
fiuences are practived in this court, you owe
to yourselves and to the people Of this city
and this county to Immediately prefer
charges against this court for being corrupt
and have him removed. You owe it to your
selves If that is true. | am not fit to sit
here-nO man is fit to sit upon the bench,
and that is corrupt-no man is fit to sit upon
the criminal bench or any other bench of a
court that will measure out his sentences
on account of some pull that
some people may have on the
court. 1t is corrup, and just as corrupe as
taking money. If John smith Is brought
here on a criminal charge and this court
favOre him because John Smith is a friend,
the court is just as corrupt as though John
Smith had paid the court for favoring him.
and it it a violation of the judicial oath OF
any judge to do 1t, and not only that, but
perjury, corruption, black perjury, for any
judge to do 1t. So far as that article Is con-
cerned. it might just as well have charged
that the court was paid for sending some
men to the penitentiary and keeping others
out. 1t might just as well have charged
1t; that is what 1t menas; it cannot mean
anything else.
men. Don't imagine for one moment that
there Is any white feathers turned on by
this court; don't imagine 1t. L don't fear
nothing while / I'M doing my duty. Don't
imagine for one minute that because it was
published in this same paper the other day
that Il would result in my being removed