Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1896-01-16
Mauldln Replies to Stone.

Editor Republic the Republic
find a most remarkable letter written
by the chief executive of the State, an
explanation Of and, seemingly, an apol'
ogy for his action in the Charles Wear
case or cases now pending in Butler
County. AS most of that letter is per.
sonal in it's application to me, feel ii
duty which l owe to myself, as well
as to the people of this part of South
east Missouri, most of whom have
known me for many years, to give a
| true history of my connection with the
Wear case. In the month of Decem-
Der, 1892, | was selected as special
Judge to try the case of the State OF
Missouri VS.. Chas. Wear, charged with
the murder of Ed. Lael in Butler coun-
| ty, Missouri, and it is as to my actions
as special Judge in that case that Gov.
Stones letter is directed. What
have done was in the discharge of my
duty as saw it. My acts, from first
to last, are matters of record, open to
inspection and criticism. That I in
vite, but to be misrepresented, to say
the least of it, is unkind and unjust.
Therefore | ask to be heard. To those
who have the slightest knowledge of
the law of criminal procedure, the
Governors excuse for his action in
this case and his condemnation of the
action OF others who have been con-
nected with it appear exceedingly film
sy. to say nothing of the constitutional
rights belonging to every Amerl-
can citizen. In the first place, Gov
ernor Stone says that in February,
1898, Renfro. the Prosecuting Attorney
of Butler county, wrote him a letter
concerning the trial of Wear for the
murder of Lael. saying that he was a
young man and inexperienced; that he
knew but little law, which, if he is
properly quoted, is the only truth that
he stated in his letters to the Govern
Or: that, iu his sore distress, Renfro
asked for the assistance of the Attorn
ev General; that, in November, 1898,
he received a second letter from Rem
fro, asking that the Attorney General
be directed not only to help him at the
trial, but that he be sent down to But
ler county a week or two before court
to assist him in preparing the case for
trial.
Soon after | was selected as special
Judge in this case, change of venue
was taken and. at the suggestion of
the counsel for the State. the case was
sent to Dunkiin county. At the March
term. 1898, of the Dunklin County Cir
cult Court the case was called for trial.
Mr.. Jourdan, from the Attorney Gen
erals office, was there. and appeared
for the State, and S. NJ. Chapman ap-
peared for the defendant. At this
term the case was continued generally.
| am frank to confess that / did not
the object anG purpose of
the counsel for the State asking con-
tinuance generally aud the defendant
present in court, but as there was no
objection iuterposed on the part Of the
defendant, the order was made. 1t is
a well-known fact among criminal law
yers that under the common law con-
tinuance of case generally was an
abandonment of the case. Under our
procedure the case lies in
allegiance and the case goes off the
docket. At the next term of the court
the case not appearing on the docket,
it was not called, for the simple reas-
on that counsel for the State did not
ask it. At the January term. 1894, of
the Circuit Conrt for Dunklin county,
the Prosecuting Attorney for Butler
county being present, as well as the
defendant with his counsel, l ordered
the clerk to put the case on the dock
ct.
He did so. and 1, as special Judge,
called the case for trial. l called for
an announcement from the State Rem
fro. the Prosecuting Attorney, asked
to file a motion, which said motion
was filed and is now among the files in
the case. When the paper was hand
ed to me l discovered that it was a !
motion of the court asking to be per-
mitted to enter nolle pros. and the
grounds set up In the motion were that
he was satisfied that he could not con-
vict the defendant in Dunklin county. |
inquired of himself if the Indictment
was good and he said it was. refus-
I'd. therefore, to permit him to nolle |
The case and stated to him at the time
that l would not permit a change oil