Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-09-25

opinion We feel that such doctrines
are dangerous, are criminal, are doc
trines that win subvert our govern
mont In time If they are allowed to pre-
vail
Gentlemen OF the jury. while | be-
lieve firmly in that, / do not believe It
creates a danger to this court equal
to the belief becoming 50 common, that
men who are charged With crime shall
not be permitted TO go through the
form Of a trial in court OF justice,
that lynch law shall take the place of
the calm and digniied administration
of law by our courts OF justice.
Whenever that doctrine becomes sul-
flcently prevalent in this country, II 1t
ever does, our institutions Will be set
aside and overthrow and II we are
not misinformed as TO the state Of mind
of some people IN some parts of the
country, the time Is fast approaching
when men charged with crime VIII not
be permitted to come into court and
submit to a calm and dignlied trial,
but will be strung up 10 tree on the
bare suspicion that some one may hold
the belief that they have committed
some crime.
1t is not long since | read In a pa
per that u colored man In the South
had his life taken because he had in
suited white man. What II was the
paper did not say, but he was strung
up. l suggest, gentlemen, that that
class Of the community who are crying
out IN our cities and are sending letters
to lawyers suggesting that the man
who is charged with the crime that
this defendant is should not be per-
mitted TO have a trial before n court Of
justice, are q more dangerous class to
the community than the anarchists
about whom We read so much,
Now. it Is the duty of every Amerl
can citizen, or every good man, 10 stand
firmly by the law and put his voice
against any idea that man should be
punished for any crime until he is
proven guilty In court, beyond any rea-
sonable doubt
My associate and myself are here to
uphold the law Some weakminded
people entertain the notion that the
lawyer who appears In defense of de-
PENDANT is In court TO obstruct the due
process Of the law, 10 balk justice, TO
delay by technicallties. But every man
who knows the members Of the bar UNI
derstands that II is not so.
MY associate and myself are here for
the same purpose that the learned dis
trict attorney Is here for, to see that
this trial progresses In legal, orderly
and proper manner. We must In every
way possible put down and suppress
this feeling that cases may be disposed
OF without the intervention OF courts OF
justice.
remember gentlemen, when / was a
young man living In Auburn. studying
my profession. reading the news that
colored man had gone upon the shores
Of Owasco lake and there had murdered
an entire family named Van Mes. The
news created intense excitement. The
people gathered on the streets 70 hear
the news.
In the course Of the afternoon II was
learned that the man Freeman had
been arrested and was being brought
to the city TO be incarcerated. The
people upon the streets became more
and more excited, They began to talk
about mobbing the colored man when
he arrived.
William H. Seward, who lived in that
city, appeared upon the street and
counseled moderation, counseled the
people TO wait and see whether the
man was really guilty OF the crime or
not. and permit him to have legal
trial. But the people protested. He
was guilty, they said and must be dis
posed or Mr.. Seward insisted and they
put Freeman In jail
IL soon became known that Mr.. Sc
ward had volunteered TO defend the ne
gro when he was put on trial, and in
dignation arose against him. but that
far-seelng man, that statesman. saw
that there was an opportunity Of Civ
ing an object lesson TO the world as
to the proper disposition Of that case.
and for two long months the trial went
on with Seward defending the negro.
II occupied some three weeks in OBJ
taining a jury and sat by almost dur
ing the entire proceedings OF that trial
and listened 10 the defense that Mr..
Seward interposed Not that he cared
anything for the negro. but he wanted
TO maintain the law, giving every man
a trial and to put down mob violence.
This trial here is a great object les
son to the world. Here is a case where
a man has stricken down the beloved
President Of his country. in broad day
light In the presence OF hundreds OF
thousands OF spectators. II ever there
was case that would excite the an
ger the wrath OF those who saw t. this
was one; and yet under the advice OF
the President, LET no man hurt him"
he was taken. confined In our prison. in
dicted. put on trial here and the case Is
soon 10 be submitted 10 YOU as 10
whether he Is guilty OF the crime
charged against him. That. gentlemen.
speaks volumes In favor OF Che orderly
conduct Of the people OF the city OF
Buffalo.
Here was man occupying an exalted
position, man OF irreproachable char.
acter, a man who had come here 10 as
sist ms In promoting the prosperity OF
our great exposition. And he was shot
down while holding a reception.
His death has touched every heart in
this community and in the whole world.
and yet we sit here quietly considering
whether this man was responsible for
the act he committed. That question is
one you are called to decide.
The law presumes the defendant In.
nocent until he is proven guilty. and
we start with the assumption that the
defendant was not mentally RESPONSE
BILE for the crime he committed. We
have not been able TO present any evil
dence upon our part. The defendant
has even refused on almost every oc-
casion 10 talk 20 hts counsel He has
not aided Ne so we have come here UNI
aided to consider this important ques-
ton.
But know there Is In every human
being q strong desire 20 live Death Is |
a spccter that we all dislike to meet