Hot Springs weekly star. (Hot Springs, S.D.) 1892-1917, 1895-04-26
JUDGE GARDENERS DECISION
And Opinion Upon the 0uasl,ing of In.
dictments of Last Grand Jury.

And Opinion Upon the 1uaslling of In
ilictments of Last Grand Jury.
There have been so many requests
for copies of Judge Gardner's rulings
upon the motion to quash the indict.
ments found by the last grand jury that
the STAR herewith prints in full this
very important ruling:
GENTLEMEN:-I am nearly exhausted
with the days labor. 1t has been to
me hard days work. In many re-
spects feel that am called upon in
this case to pass upon questions of
more vital importance to the people of
the Seventh Circuit than possibly in
any other case it has been my lot to try
in the four active and busy years Ihave
sat on the bench. came here thor
oughly exhausted with the trial of what
is supposed to be million dollar min
ing suitinvolving questions of infinitely
less concern to this Court and to this
people than the questions considered
today.
This is the first time in the four
active and busy years 1T has been my
duty to guide the whirlwind and ride
the storm" that an assault has been
made upon the proceedings of the
Court, upon the integrity of an officer
of the Court in the course of it's pro-
ceedure. And while you have gra-
ciously and charitably omitted the pre-
siding judge of the Court, from the
attack, Ifeel it scarcely less deeply that
an officer of this Court should be at
tackled and the proceedings of this
Court should be assaulted in the man.
ner they have been, so boldly, so Sc
riously, and so vigorously in the pre-
senting If such incomparably import
ant questions as this which is pending
before me at this hour. / have had
before me many more complicated,
more intricate questions of law, but
none more important to the people of
Fall River County. On the one side
stands the state claiming it's rights, on
the other hand stand these defendants
it's officers prostituted; that they are
here. not being prosecuted, but perse-
cuted by the malicious acts of an officer
of the court. Now this is no ordinary
charge. 1t is not a matter of ordinary
Importance that Court officer may be
the source of malicious attacks upon
the people Of the community. There
is one place in this country, when we
have questions of importance to present
where we believe we can have our rights
airlyadjudicated.m and where justice will
be done. That place is the Court. and
if the people of this Circuitare, for one
instant, to doubt that when they are
in our Court, they will get absolute
calm and dispassionate justice, then
must say that feel that the founda-
ton of government will be for us de.
stroyed and disorganized. Now. on the
one hand, the state has the right, (And
! this Court will under all circumstances
protect that right to bring any man to
justice, however low, however high. And
OH the other hand the defendant has
4 the right to an absolutely fair and inn
partial investigation of his acts and Il
fair and impartial trial when brought
into Court. 1t is important. not only
to the man charged. but important to
the community. that everyact and pro
ceeding be not only fair. be not only
dispassionate, but that it be above sus
pIcIoN. If they be not above suspicion
all respect for the law is gone.
As to the last question you have pre-.
sented, l have not the slightest hesita
etiOn in ruling, upon what | regard as
absolutely safe, solid and well settled
principles of Law. have no hesitation
1 In holding the order of adjournment
!. absolutely valid, and have no hesita
tion in saying that the term was just as
valid as though it were held at the pre-
else day and precise hour fixed 10y law
have not the slightest doubt of the
power of the Judge to control the term.
of Court as public eNpediency dictates
to adjourn the Court to such time a.
will-su the convenience of the public
of counsel and of the Court.
Second. The objection that tht
sheriff was asdisqualitied by reason of his
having gbeen aparty to IN action pending
in this Court, have no hesitation il
overruling, This does not inmy opinion
disqualify the sheriff in view of all o
the circumstances of the case. 1t ap
pears by ytheundisputede evidence before
me that the sheriff had no interes
whatever in the result of the contro
versy, and there was nothing tha
would tend in any manner to disqualif,
him, or turn him off the line of duty il
drawing the jury.
Third. The objection that the de
fendant was brought into the presence
of the grand jury and examined as q