Omaha daily bee., 1900-11-20
CORDONTRIAL NEARLY ENDED
Testimony is All In ard Attorneys Begin
Their Arguments,
DEFENSE MAKES POOR SHOWN,
Attorney for Former Police Judge
Plead Precedent ana sociological
Theories In Extenuation of
Their clients Lcnicncy.

The proceedings before Judge Dickinson
10 impeach the former police magistrate,
s. l. Gordon, for incompetency and corrupt
methods we're carried to a conclusion at
yesterdays session of court without the
startling culinary developments or the |
indisputable vindication promised by Judge |
Gordon's lawyers at the commencement OF
the hearing The testimony was completed |
and the counsel made start on the argu- |
ments, the city attorney being first to pre- |
sent his case. The defense was content to
enter mild denial of the multitudinous |
charges and plead an incomplete showing on
the part of the prosecution. Considering |
the instances where our client Is alleged to |
have continued cases until the complaining
witness was tired of appearing In court
and then to have dismissed them for want
of prosecution, there has been no evidence
that these complaining witnesses neglected
to appear" they argued, "and the presump-
tion under the laws is that these witnesses
did appear and so the charge falls ground
less"
one OF the attorneys found mitigating
circumstances In Judge Gordon's leniency
from the standpoint OF a sociologist Laws
for the good of society and not to fill
the jails," he contended. Judge Gordon
accomplished greater good socially by com
muting sentences and remitting nnes than
by sending men to Jail" The city attorney,
by way of reply. told the court he thought
a law enforced was attended by greater
beneht to the community than II 1t lay
dead on the statute books. Another phase
of tho case on which the defense laid
strong emphasis was that II had not been
proved that Judge Gordon, in his laxity and
questionable methods, had ever acted with
tpta IN ha
Judge has remitted fines after they were
paid to the clerk and has suspended SEN
tcnces after the men were in Jail might be
evidence OF leniency and corruption IL II
could be proved that he willfully intended
to be lenient and corrupt, but there has
been no evidence to sustain this theory
and when IL comes to judicial acts " can
not be presumed to have beer with this
intent; 1t must be proved"
Many Charges Unanswered.
To many Of the charges the defense pre-
ferred to answer only In a general way.
finding protection in the contention that n
police magistrate must OF n,cessity be leni-
ent There is not a court in the land. 1t
was said, where so much latitude and leni-
ency are required. At one time when the
attorney wandered from the point at Issue
in general justification OF Judge Gordon's
charges the court found 1t necessary to
drop a reminder that the police magistrate
would be tried only on the allegations men
toned In the complaint. The defense placed
a great deal OF reliance in the circumstance
that Judge Gordon was merely following
precedent when he suspended sentences, re-
mtted fines and accepted straw bonds with
out the authority of the law. 1t has been
done ever sirce the Office was established,
according to the statements of Judge Cor
dons attorneys, the magistrate preceding
Judge Gordon and the present incumbent OF
the position were cited to show that Judge
Gordon Is not a worse offender than they.
City Attorney Connell concluded the ar
euments with a scathing arraignment Of the
x-police magistrate. He quoted a decision
Of the supreme court to show that where
negligence is so gross and disregard OF duty
so fragrant as 1t has been In the case or
Judge Gordon, the court Is justified In as
suming that there has been corruption
The case, he declared, does not stand on
single charge, but is based on many Of
them, and at least six were not answered
in any way "It must appear that the ac-
tions of Judge Gordon, which he attempts
TO excuse by saying he thought he was
right and which were so fragrant on nu-
merous occasions, will make stronger
case against him than II there was only
one charge on which to base the impeach-
ment proceedings" declared the city at
torney. THE plea of ignorance Of all the
circumstances under which many OF the
fines were remitted and the sentences sus-
pended will not furnish an excuse for any
OF Judge Gordon's actions, because under
the law he is presumed to know all that
relates to his Office" Judge Dickinson tool,
the case under advisenent.