Sunday morning globe., 1901-09-22


,'uf. ser through the courts or
.Witn m Your advice is not such
.asT uect from loyal advocates
un.. nds. Gentlemen the in
fa-y. lsed: good day" And !
II tla the deputy warden's OF.
fec while went back to my task
From that hour to this | have never
spoken to the one or the other. During
the eight long years Of my imprison-
ment they neither Of them visited me
or took further part in my affairs
Imagine the feelings Of a prisoner
thus abandoned by his counsel and alb
solutely sold to the State These two
lawyers were the loudest in proclaim
ing that the Supreme Court would re-
verse my verdict and give me a new
trial yet here they make a special
visit to the penitentiary in the hope
that my awful condition has weakened
my spirit and that they can accomplish
Pugh's mission Of inducing me to re-
signedly accept the gross injustice to
which l was subjected Further com
ment is unnecessary, and further along
it will be shown how Pugh, baffled in
this direction, succeeded all too surely
in his determined purpose to confirm
my unjust conviction and sentence.
During the trial, and in some Of its
most important phases, Hon. Thomas
E. Powell, my friend and the de juTe
leading counsel, absented himself to
try other cases in different portions Of
the State leaving my defense in the
hands OF his colleagues or co-counsel.
Against this 1 vainly protested, but, to
do him proper justice, he redeemed
himself in his address to the jury. It
was an able, clear and forcible eXposi-
tion of my case, and although his voice
was far from being what It ought to
be in an eloquent pleader, he carried
off the honOrs i'm the forsenic display OF
both sides The chief of the hired
counsel on the States side, j. H,
Booth, was noted for the thunders OF
his-voice He was decidedly what
may be called a "bull-dozer," and he
was hired for that purpose and as a
stand-off to Mr.. Converse, the latchets
Of whose shoes-from the legal point
of view-he was not qualified to un-
loose General Powell decidedly put
IL all over him. to use a common eX-
preston. / was an attentive listener
and critic Of the speeches, and disas-
sociated my personal interest in their
probable result Colonel Holmes, for
the State, made the most keen, scholar
ly and forcible address for his side, as
Powell did for the defense. l can not,
however. overlook an incident in the
address of Prosecutor Huling which
created a tremendous sensation at the
time, and which everybody predicted
would surely hang me- 1t occurred
while Mr. Huling was in the middle
of a peroration in which he used Ian
guage which identified a certain wom-
an as being a relation of mine by mar
riage The woman in question, 1t is
proper to state, was neither my sister
in-law nor even an acquaintance. Mr..
Huling subsequently discovered his
mistake and apologized to me in the
penitentiary But at the time of his
address / was colsely following his TO
marks when he uttered the insulting
words / instantly sprang to my feet,
and passionately exclaimed in voice
loud enough to be distinctly heard in
every corner Of the large courtroom:
"Mr. Huling that is a lie, a gross, in
decent and infamous lie, sir. / VIII not
sit quietly here and permit you to ma
lign those whom God ordained ! must
protect If I have to hang ! shall die
like a gentleman" Judge, sheriff, de-
puties. counsel and spectators were all
on their feet in an instant at this out
burst The jury alone remained calm,
and eyed me intently $50 / was in
formed by my COUNSEL, especially
Juror Aubert, who leaned forward to
catch every word When quiet was re-
stored Mr.. Huling proceeded in his
address, but took special care not
again to offend in the manner which
caused my violent interruption.
Strangely enough this outburst which
everybody predicted would surely hang
me, had the opposite effect on a ma
iority of the jury and was the subject
of a hot debate among its members,
those of them who condemned me be-
ing fercely assailed by Aubert who
maintained that the prosecutor was
alone to blame i'm using uncalled for
language which was insulting to those
whom / was in duty bound to protect
Aubert made excellent use of the in
cident in the six days the jury were
deliberating on a verdict, and besides
his own vote of mot guilty induced
four Of the hang him" jurors to vote
for the grade Of manslaughter.
The State was challenged repeatedly
during the trial of the case to 90 into
the question of character, but carefully
avoided making this an issue or In
any manner rejecting on my honor
and integrity as a citizen, Neverthe-
less the State had in an underhanded
and cowardly manner, through the vi
cious Columbus newspapers, assailed
me by inuendo and gave safe utterance
to every suggestion furnished them.
These newspapers we're so skulking
that they were never known to publish
any item with the least apparent risk.
now. however, they published columns
Of the vilest libel on the man they
dared not face when at liberty and
free to resent their foul calumnies.
OF course. the State saw to it that the
Jury read every line of misrepresenta'
tion published about me. Among the
accusations, either directly charged by
my newspaper enemies or broadly init
mated. were the lying and villainous
Allegations that l ran a yellow journal