Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1895-02-07
Prosecuting Attorney Renfro's Resu.
me of the Wear Case.


subject of much comment and has at
tracted more attention than the ordi
nary case of this kind on account O
the influence of the defendants friends
and the peculiar effect this influence
might exert over those whose duty i
is to uphold and support the power
and majesty of the law. Judge. Johr
G. Wear, being the defendants father
it became necessary to elect specia
judge to try the case.
The law provides three ways by
which a special judge may be chosen
in cases of this kind. Whenever the
judge of any circuit shall be unable
from any cause to hold a term of cour,
in any county in his circuit, such term
may, by request of the Judge. be held
by the judge of any other circuit, or
the attorneys of the court who are
present, but not less than five, may
elect one of its members then in atten-
dance to hold the court for the occa-
sion, or the parties to any action may
agree upon one of the attorneys of the
court to hold the court for the trial of
such action. The records show that
it was the last named method which
was adopted in this case.
Ed Leal was murdered in April, 1892.
Charles Wear, who was charged with
being his slayer, was indicted at the
May term of the circuit court in the
same year. MIR. r. F. Scott, who was
then prosecuting attorney, entered in
to written agreement with the defen-
dant, which written agreement is now
a part of the files in this case, for Mr..
Henry n. Phillips to act as special
judge in the trial of the case.
To write the history of this case is
but to write the history of farce.
Judge Phillips mission in the play
seemed to terminate after somewhat
mysterious and unprecedented CONN.,
vance by which man charged with
the wanton and unprovoked murder of
his fellowman was turned loose upon
society under bond of $4,000. At
ter the accomplishment of this purpose,
Judge Phillips wrote his resignation
declining to serve further in the capa
city for which be had been chosen. 4
X
After the resignation of Judge Phil
lips it became necessary to choose an
other to take his place, whereupOn the
defendant and Mr.. Scott entered into a
written agreement, the terms of which
stipulated that Judge Thomas H. Maui
din should act in the capacity of spec
ial Judge.
just prior to the November election
in 1892, the case was sent on change
of venue to Dunklin county. just why
Mr.. Scott should have sent the case to
Dunklin county instead of Ripley or
Stoddard is not generally understood
unless it was because of Dunklin coun-
tvs convenient (9) location. 1t should
be remarked here by way of parenthe-
sis that this is not intended as a refec-
ton on any of the citizens of Dunklln
though there is, perhaps. one
who deserves a fat railroad job as soon
as his term of Office shall have expired.
When the writer was elected to the
Office of prosecuting attorney his first
move in this case was to write Govern
Or Stone requesting him to appoint the
to assist in the prose-
cution, which was very kindly grant
ed. Mr.. Morton Jordan, the assistant
was present at the
first term Of court in Dunklin county,
after his appointment. when the state
was ready and axiOus to try the case.
After the criminal docket had been
called and recalled several times, and
after waiting patiently two days for
Judge Mauldin's appearance, we were
graciously informed one evening by
the defendants counsel that they would
be ready to announce the next morn
ing. On our appearance in the court
next morning we were called into one
Of the secret corners Of the room where
we were informed, in the presence of
Judge Mauldin, that we could either
stay in Kenneth until court adjourned
and then go home or go home that eve
ming, as we pleased; that no difference
what we did the result would be the
same, the case would be continued.
We were also informed privately by
one Of the attorneys for the defense
hat in no case would Judge Mauldin
AXE the bench during that term unless
We should agree to a continuance.
1t was plain to be seen that in Judge
Mauldin's court the prosecuting sts
,orney would be powerless to accom-
olish anything, and 1t was at this juno
,ara that it was decided to reindict
Wear Ia this county in order that a
lew special judge might be elected and
1t least a semblance of justice obtain
I'd. In order to get the case off the
docket in Dunklin county the attorn-
eys for the state agreed that the case
night be continued generally. At no
line in the history Of this case did the
state ask for a continuance, as may be-
;een by perusal of the records.
Judge Mauldin, in assigning his
'easons for discharging the defendant.
said that three terms of court had
passed since the indictment was re-
turned by the grand jury. and that the
defendant was therefore entitled to his
'elease: This pretended reason was
! mere snbterfuge without foundation
IF law, but, since it has been the poll
" of the prosecution to reindict, ard
since the defendant has not been once
n jeopardy, 1t makes no difference in
20 far as final results are concerned.
/ have no harsh words for the de-
endant nor any malice Or Ill will to-
ward any member of his family who
has sought his release. It would be
m unnatural parent who would for
aka his son in the hour of peril; but
is an officer / shall proceed to do that
which ! conceive to be my duty, with-
nut the fear OF punishment or hope of