The Leon reporter. (Leon, Iowa) 1887-1930, 1901-11-21

could have a fair trial. He has had his
witnesses summoned, brought here and
testified at a great expense to the State.
He has had a jury of his own selection
and certainly gentlemen l never saw a,
tairer jury, a more conscientious jury
and a jury who more carefully gave
attention to the minutest detail of the
trial go that to say this defendant has
not had a fair trial l think it is impossi.
BILE with intelligence of the facts of the
case.
The defendant has certainly been ably
defended. Everything that ingenuity
could suggest; everything that legal
skill and knowledge could suggest;
everything that exceptional ability In
certain lines in favor of the defendant;
everything that e~loquence could acquire;
everything in full has been presented in
this case on behalf of the defendant. 1,
am quite sure that it would be only a
misfortune to this defendant to have
another trial under all of the evidence
in this case.
MIR. McGinnis then made a touching
appeal for leniency for his client during
which be said he was firmly convinced
of the innocence of his client, and was
ready to go on record with that state
ment. Judge Towner replied:
have not n Io,,h+ -, -u .-:.l ~.
what counsel is entirely honest in. its
statement. l have so thought all the
time. l haven'ta doubt in my mind
but what counsel must believe that
their client is innocent, SO much
strength, and yigor and candor appar.
emily, so much intensity of purpose has
been exhibited by counsel on behalf of
this defendant throughout the trial.
do not see how any one could help
but believe that they thought their
client was Innocent and exhibit such
Intensity of interest. 1t is their duty to
the defendant to do everything he can
for his client. But very fortunate in
deed is the man who is guilty and has
counsel so able, and so strong who be.
lieve him to be innocent. 1t is a for
tunate thing indeed for him, because it
adds to the strength of their effort when
1t comes from an honest and candid be.
lief. believe every man keeping an
unprejudiced view would wonder how
under any circumstances anybody could
believe that this evidence introduced
here would give anybody any authority
for Imagining for a moment that the
defendant was innocent and yet that
is true, so ardent and devoted in the ad.
vocacy of their cause does an honest
and devoted counsel become that there
is no question but what that is their
sincere belief.
l want to say that the Court has no
exceptions Whatever of any kind to
what counsel might say or do in the
honest defense of any person charged
With crime. l believe it is their duty to
do it. l believe it is their duty no mat.
ter what the facts and their knowledge
mlght.be.lbe believe it is the duty of
counsel to defend a man who they be.
lIeve guilty; it is the right of every man
under the Constitution and the law that
ne shall have the opportunity of ap.
pearing by counsel. The clients voice
IS IN a measure stopped in plea to the
jury. OF course his knowledge is not
sufficient to warrant him in knowing
what his legal rights are. 1t is right
under the law to have counsel who
have that knowledge and who have the
opportunity and the ability to make
his plea, to present it for him. They
stand as his representatives in asking
the jury that everything shall be done
for him, that is all right. Now, in this
case l believe that everything of that
kind has been done. After it has been
done the jury have returned it's verdict.
The Court feels that the defendant has
had a fair trial. There is nothing to do
except to infict such sentence and
Judgment as the Court believes under
all circumstances to be just. Mr.. Croft
ford, you may arise. Have you any.
thing to say before sentence is pro.
nounced?
Mr.. Crofford: My counsel has spok.
en- for me.
You have been indicted, Mr.. Croford,
as You know, for murder in the second
degree by the Grand Jury of this county
on which charge you have been tried bv
a jury OF your own selection. The jury
have returned a verdict of guilty.
1t ls the duty of the court to sentence
you-an unpleasant duty. 1 want to
say to you this, MIR. Crofford, that this
court, and I believe no court has any
feeling'against you particularly,can have
no feeling against you in a case of this
kind except that of sincere sorrow for
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