The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1901-09-14

Gentlemen of the Jury: A calamity has
fallen upon this nation through the act
of this man, but the question is whether
his act was the act Of an insane man;
If an insane man, l. Is not MURDER and
he should be acquitted of that charge. He
would then, of course, be transferred 10
an asylum.
midst, and has been called to my atten-
toin, as to the propriety OF any defense
being interposed in this case. Many
letters have been received by me since
was assigned with my associate to de-
fend this man, questioning the propriety
of a defense being attempted. You gem
tlemen know, perhaps, how Judge titus
and myself came into this case The posi-
ton was not sought by us, but we appear
here in performance of duty which we
thought devolved upon us, notwithstand-
ing 1t was an exceedingly disagreeaDle
one His honor, the judge who presldes
at this trial es a justice of the supreme
court is here because the law makes
It his duty to sit and preside at this
trial.
Our very distinguished and able district
attorney has prosecuted this action Ee-
cause the law makes it his duty to do So
You. gentlemen, are sitting there because
YOU were commanded to appear mere ana
under our system OF Jurisprudence IL was
your duty to sit here hear Inc testl-
mony in this case, and perform the duty
of determining whether this man is to be
executed or set free.
The defendants COunSeI appear mere De-
cause. under our system of Jurisprudence
no man can be placed on trial for the
high crime of murder, the penalty OF
which. under the law, is death, without
he has the. assistance OF counsel: me
and 1t is the duty of the counsel thus
designated to appear in the case unless
thew can make some reasonable excuse
and succeed In being renewed OF tne GUY,
of the legal profession become members OF
the court. They are compelled, II as
signed, to defend criminal, or rather
the one who is charged with crime.
They are compelled to respond and accept
fine duty unless they can present some
reasonable excuse, and If they refuse to
perform that duty they are guilty OF
misdemeanor, ana are Haple 10 puLish-
ment by the court.
So YOU see gentlemen, II any simple
minded thoughtless person should enter
tain the notion for a moment tnat the
counsel who appear in this case are do
inc something which they ought not to
do that person is laboring under a very
serious Misrepresentation as TO the autles
devolving upon lawyer. Inc deteno-
ant no matter how serious crime ne mas
committed. is entitled under our laws to
The benefit of trial. In the case OF
murder he must have trial.
You sat here and listened to the defend
ants plea of guilty when IN ne wa, was b ar
| the law of our state will not permit MIN
70 Mead guilty to such a crime as this.
The law Is so careful of the rights or IL s
citizens. that 1t will not permit a man
| fo Mead guilty to this crime OF MURDER,
| so that. even after he had conceded mis-
Suilt in this case, it was incumbent upon
| the court to insist that the trial should
proceed and that the people should estaD-
| iish beyond a reasonable doubt that the
defendant was guilty of the crime charged
| against him.
There are in our country individuals,
not I hone In very large numbers, but
.,'a know they are scattered all over the
conntrv who think in a case like this, or
even in charges of much less degree, IL
| Ss entirely proper that the case should be
djsnosed of by lynch or mob law. we can
hardly take up paper without We learn
VA. VA n some part Of this free and indie
..nndent country some man has been muir
ggered IN the suspicion or belief that he
s..as guilty of some crime. This state or
,LtngS does not exist In our community,
~. a. does in some parts Of our state,
ID every intelligent man knows.
II IL charged here that our client Is an
.,archist a man who does not beieve
e, anv law or in any form OF government.
And there are, SO we are told, otner IN
dividuals who entertain that OPINION. We
saei that such doctrines are dangerous
LsS a orinainal. are doctrines that will SUBJ
vert our government IN ulne ~ enes az
| allowed to prevail.
centlemen Of the jury, while believe
arTriv In that, 1 do not believe 1t creates
= DANGER to this court equal 10 the pc
- hecounfng so common, that men who
n ne CHARGED with crime shall not be per-
.,,itted 10 20 through the form OF trial
=, q court Of justice, that lyncn law snall
lake the place Of the calm ana elghineo