Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1898-03-09
WELLS REPLIES.
Makes a Clean Defense Of Board
Of Pardons.
Should BE Abolished As Soon As the
Republicans Lose Control oft.


Populists abolish another Republican
Creation the Board of Pardons
After creating and fostering this in
stitution for years, it has recently oc-
Board had passed from their control,
would be an oppJrtune time to demand
among their many other demands of
this administration, that the Board be
lican creature is entirely unnecessary
and is menace to society.
Following out this Republican theory
that all popular government should be
abolished, Judge C. G. Foster of the
United States Circuit Court, at Tope-
ka, had read before the State Bar AS
ISOLATION, at its recent meeting in To-
peka, paper, in which, among other
things, the judge declared:
IA tribunal of pardons should have
no place in the economy of civil gov
ernment among men," In criticising
that statement, Noah w. Wells of
L
dous, says:
'He proceeded to argue that PROPOSE
ton upon the theory that ('the king
can do no wrong0 courts make no
mistakes; that juries are infallible,
and always return the right verdict.
This, to man who has had experience
in the courts, seems to be a position
| that is not borne out by the facts.
"a few instances of the way it works
might not be amiss. Out in the west
ern part of our state a man is arrested
upon a warrant charging him with
very heirous offense; he is taken into
an adjoining county, some thirty miles
from his home; the same day he is
put upon his preliminary examination;
his request for time to prepare his de-
Tense is treated with contempt-as the
actions of a guilty man seeking to de-
feat justice by delay. He is compelled
to go to trial upon his preliminary ex-
| animation, and of course he is bound
over to answer for his crime in the
district court. The same day upon
which his preliminary examination is
held the county attorney files the in
formation against him. The next
morning he is put on trial. His plea
for more time is disregarded. He is
not even allowed to communicate with
| his friends.
DEFENDED BY INCOMPETENT LAWYERS.
"He has no money with which to en-
ploy the 'astute counsel that Judge
Foster presumes defends in all crimi-
nal cases, so the court appoints a
learned lawyer to conduct the defense,
one who has never before tried a case
in the district court, the ink, upon
whose certificate of admission to the
bar has not had time to dry. The
trial, if such a farce can be called a
trial, is gone through with, and
would you believe it?-that fool jury
has some man or men upon it who,
not having a proper regard for the
dignity and infallibility of the court,
refuse to find the defendant guilty,
and fail to agree upon verdict. This
is so great all affront to the conrt that
the next day the judge of that court
goes to the county clerks Office him
self, and without any assistance from
any one, selects jury of his liking
from the tax rolls of the county. This
jury is Immediately summoned, the
defendant again put upon his trial,
and convicted. Now, all this does not
come to the board of pardons by the
medium of 'falsehood, perjury, gossip
and chicanery,' but is evidenced by a
certain transcript of the record of the
trial, and if Judge Foster will drop in.
to the office of the board of pardons
some time when it is in session he can
see it.
"The now convicted criminal re
ceives the sentence of the court, fifteen
years at hard labor in the penitentiary
He is now beyond the help of courts
even a federal judge, with all the
power he is able to arrogate to him
self, is unable to release this one mar
from his unjust imprisonment-is un
able to relieve from the petty tyranny
imposed upon a citizen by a court
Yes, but Judge Foster says, He ha.
the right to appeal 1 presume so
but this is right that is denied to the
poor-the man who has no money t.
pay tor transcripts, the printing ant
preparation of briefs and attorney.
fees has no appeal in Kansas. This
you will say, is an extreme case.
grant it, but you will find many SINH
lar, in some if not in all respects. Th,
poor man is usually defended by th
youngest member of the bar in tn,
county where he is tried, appointed b,
the court, in order to give the youn,
man chance, and because the olde
and more experienced lawyers are to
busy to try lawsuits for nothing
FEW INEQUALITIES.
e Continuing he points ont some in
equalities in the sentences imposed o.
y offenders
h "For example," he says, "two ne
x groes in Shawnee county break into
lchicken house and steal seven chicl