The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-09-25
A MEMORABLE ADDRESS.
Judge Lewis Addresses jury With
Words that VIII Long be
Remembered.

/ jurist began an address that viii be long
( remembered by those who heard it.
! Judge Lewis said:
Gentlemen OF the jury, calamity has
fallen upon this nation Trough the act
/ OF this man, but the question is whether
I mis- act was the act of an insane man If
an insane man, it is not murder and he
should be acquitted Of that charge he
+ would then, Of course, be transferred to
+ an insane asylum.
Much discussion has occurred in our
midst, and has been called 20 my atten-
ton, as 10 the prcpriety of any defense
being interposed in this case. Many let
ters have been received by me since
: was assigned with my associate to defend
this man. questioning the propriety of a
defense being attempted. You gentlemen
know, perhaps, how Judge Titus and my
self came into this case. TIE position was
not sought by Us, but we appear here in
( performance of a duty which VIC Thought
devolved upon US, notwithstanding it was
an exceedingly disag agreeable one.
His honor. the judge who presides at
this trial, is q justice of the supreme
court. is here because the law makes it
mis- duty TO sit and preside at this trial
'Our very distinguished and able dis
trict attorney has prosecuted this action
because the law makes it his duty to do
so. You. gentlemen of the jury, are
sitting there because you arc commanded
to appear here and under ouh system OF
Jurisprudence il was your duty to sit here
hear the testimony in this case and per
form the duty of determining whether
this man is to be executed or set free.
Tho defendants counsel appear here
because, under our system of jurispru-
dence, no man can be placed on trial for
the high crime of murder, under the pen
atty of which, under the law, is death,
without he has the assistance of counsel
The court has the power to designate
counsel and it is the duty of the cOun-
sci thus designated to appear in the
case unless they can make some reasona-
bIa excuse and succeed in being relieved
of the duty.
Gentlemen when they become members
OF the legal profession become members
of the court They are compelled. if as
signed, TO defend a criminal, or rather
one who is charged with crime. They
are compelled TO respond ard accept the
duty unless they can prestnt some rea-
form that duty they are guilty of mis-
demeanor and are liable TO punishment
by the court.
so you see, gentlemen. il any sumple
minded, 1hougktIess person should enter
tain the notion for a minute that the
counsel who appear in this case are doing
something which they ought not 10 do.
thtat person is Iaboring under very Sc
rioIs misapprehension as TO the duties de-
volving upon a lawyer. The defendant,
no matter how serious crime he has
committed. is entitled under our laws 10
the benefit of trial. In the case of
murder he must have a trial.
You sat there and listened to the de-
fendants plea OF guilty when he was ar
raigned at the opening Of this term, but
the law Of our state will not permit
man to plead guilty to such a crime as
this. The law is so careful of the rights
of its citizens and it will rot permit man
to plead guilty to this crime of murder
so that, even after he had conceded his
guilt tin this case, 1t was incumbent on
the court to insist that his trial should
proceed and that the people should estab-
lish beyond a reasonable doubt that the
defendant was guilty OF the crime
charged against him
Attacks Lynch Law.
There are in our country individuals
not, hope. in very large numbers. but
we know they are scattered al over the
country. who think in a case ike this, or
even in charges OF much less degree, it is
entirely proper that tthe case should be
disposed Of ty lynch or mob law. We can
hardly take up a paper without we learn
that in some part of this free and inde-
pendent country some nan has been muir
dered on the suspicion or belief That he
was guilty OF some crime. This state Of
things does not exist in our community.
but it does in some parts OF our state. as
every intelligent man knows.
1T is charged here that or client is
an anarchist a man who does not believe /
in any law or any form OF government. +
And there are. we are told. other indfid-
uals who hold that opinion We feel that
such doctrines are dangerous, are crimi- I
nal. are doctrines that viii subvert our
government in tine 4 they are allowed
to prevail.
~Gentlener II tie jurs-. while believe
firmly in that ] DO not believe it creates /
a danger 10 this country equal % thte be-
iicf becoming so common thar men Vho
are charged with tcrime shan n1t be per-
uitted 70 &c through She form of q trial I.
10 court ot5ustlce. that lynch la~ shall 4
take the place % calm and signffed as- 4
mia!strsltion of the law Is our c8grtts os 4
justice.
when tElt doctrine becomes rs.acient- +
u prevalent IN tkis oouuttrT. & Il cver +
docs eur irstitstions All - So aside
ana ogerthsf va and = we s7t rs.s mis-
informed as 70 ths STATE II n5a6 ef same +
people in some parts % the cozntrg. the +
tme IS fast aGpraachinE wheu msn Er9
"a charged wfth erire VII not - 1erzaIt- 4
ta. to corne int7 co-rr and s4a-nft to
zln ara signiHe8 triaL oat VIZ a
suaaz - g. 6 tree cn tIc ts-e ssEsc.e1
thst someone rasF h9id fh-z theE base
cera1rifsrl seue crime
II rcr 1E sifce gead .a parr
ken Lfs Hfetac. 1-r '.iet1e 1arsit itta ilts 1slla 4
eafared uae 81 ths sale 0at ~
le fasea h4caase - h4a iusuirea
shte uisn- Wat i sss 1ha u
aat s llt D. a1s strung
worse Thsn Enar~hy-
- s1Ee ~ Eelti -uff te4F t-st Class
II tf.s rasaasan.sy - - are ers esf .s
aEr citsss ard are se7dlas iestsrs g. 3aw-
sa-s sarrastlus sEal sas Hzu uhe
charged iuth sAs rrlms snst ss.s sIeses
ara ls shollE -os r. perasfssz1 ts Ezve