The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1895-08-09
some Thoughts From the JAN.

I hOUfO0cA toOhFs et $E#
lin the trial Of our junior editor on a
charge Of iibeIing Governor Sheldon. the
six jurymen who thought he was not
guilty consented to a verdict OF guilty
under extenuating circumstances" un-
der the expectation that their recon-
mendation that the punishment would
be q nominal fine and no imprlson-
ment' would be observed by the judge.
Judge Haney at this term of court, in a
charge to a Jury stated that nominal
damages means from one cent to one
dollar, but Judge Campbell imposed q
fine oil ten dollars and costs. The re-
spondsnt gave notice Of appeal and was
Immediately committed to jail for five
days by order OF tho court, bail being
ing refused. He refused to pay the fine
because he thought he had tho right of
appeal. The following reflections we're
written for the daily Star during his i'm
prisonment.
Ne n rouge ere hs the halter draw.
With good opinion of the law.
I have not forgotten this tr1te old
proverb but I also realize there is no
royal road to jail. The way up fellows,
the fellows with a pull on the officials
and on the courts need not waste any
time behind the bars. Sheldon testified
that the Pierre council set the state law
at defiance and he knew it, yet he did
nothing, but bounced on the editor OF
the Star like a hawk on q June bug for
exposing his r%ottenness. Sheldon knew
Taylor had run away with the state
funds before he read his message to the
legislature, vet in the message he
praised Taylor in the most e~xtravagent
and iulsome language as a model fnan-
cier and now that the arch-thief is home
again, he is boarding like a lord at the
Locke hotel awniting the farce OF a trial.
Courts and law are valuable only
when they retain the respect of the PEG.
pie. Losing this, they become mere
barnacles on society and will soon be
scraPed off.
Let me analyze a few cases.. My COM
panions in Jail are first, John Sleh. He
got drunk. The majesty of the law
must be upheld and he is in Jail. But
the seven Aberdeen druggists who are
every day violating the law by selling
such men as John liquor to get drunk on
are not here. They sell liquor openly,
defy the law. commit perjury every day
they make their returns to the county
court, but they are our leading citizens,
they have the states attorney, so John
is here on this beautiful Sunday and
they are selling beer. The states attor-
ney who had John sent up would laugh
at you it you asked him to prosecute
these heightened law breakers, but John
is a, better man than any of them.
Then there is Tom Wells. Tom was
convicted Of conspiring with an orphan
lad to steal a little -four. It was not
charged that he stole anything; only
that he intended to steal some flour.
He got five months. I do not defend
his action. 1t is wrong even to intend
to steal. But there was another crowd
who conspired to rob Geo. S. Engle OF
his good name, his property, his wife and
his child. They carried out their con-
spiracy even SO far as to break up a
funeral to accomplish their purpose.
But these people again are our leading
citizens and Mr.. Engle for two years has
tried IN vain to brings them to justice in
a criminal court. Something has
blocked the way. Now he sues In a civil
action and lo! the states attorney APP
pears in court as the attorney for one of
the parties whom Engle has in VAN
tried to lndict. So Tom Wells has not
got the company he ought to have
today.
My other companion is Albert
Maloney. Albert was convicted OF en-
bezzling wheat belonging to an elevator
company. The company spared neither
money nor time to convict him. They
did not trust the case to Jenkins, but
hired a lawyer. It was one of the best
prepared cases that ever came INTO
court, and Maloney had neither money
nor friends for defense. The jury found
him guilty. l do not defend HIM. It Is
wrong to steal wheat, but it is not sur
prislng that a buyer now and then will
steal FROM a company as we'll as o a
company. If Albert had stolen the
same amount of wheat from the far
mers, a little from each, a little from
each, and turned it in with his purchases
he might still be a respected member of
society outside, and if some farmer had
had him pulled the company would have
spent as much money to defend him as
fhnU h QlyN RI art him ~ ho,>o It'll -~~ ~a