The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-09-25

tain the notion Tor "A minute Indl the cOun-
sci VINO appear IN this case are doing some
thing when tney ought not To do. tnat per-
son II IaOOrInS unOer a very serious mis-
apprehension as 10 the duties devolving
upon lawyer. The defendant no matter
now serious crime he has committed, Is
entitled, under our laws, TO the benefit of
"A triaL In the case or murder ne must
nave trial.
You sat mere and listened to the defend
ant : plea OF guilty when ne was drraigned
al the opening OF this term, but the law OF
our state Will not permit him TO plead
guilty 10 sucn a crime as this. The law Is
30 careful OF the rights OF its citizens that
II VIII not permit man to plead gullty
10 this crime or murder, so that, even after
ne had conceded his guilt In this case II
was incumbent upon the court TO insist
that the trial should proceed and that the
people should establish beyond "A reasonable
douDt that the defendant was guilty OF the
crime charged against him.
There are individuals-nOt, l hope, IN
very, large numbers, but We know they are
scattered all over the countrywide think,
much less degree, 1t IS entirely proper that
the case should be disposed of by lynch or
mob law. We can hardly take up paper
without we learn that in some part Of this
free and Independent country some man
has been murdered suspicion or belief
that he was guilty of some crime. This
state of things does not exist in our com
munity, but it does in some parts of our
State. every intelligent man knows.
1T is charged here that our client is an
Anarchists man who does not believe in
any law or in any form of government
And there are, we are told other fndt-
viduals who entertain that opinion. We all
feel that such doctrines dangerous. are
criminal. doctrines that will su5vert
our government in time if they are allowed
TO prevail.
Gentlemen of the jury. while / believe
firmly in that. l do not believe ii creates
danger TO this court equal TO the belief
becoming so common, that men who are
charged with crime shall not be permitted
to go through the form of trial in
court Of justice. but that lynch law shall
faIy = he r,Iu Of ha aim an o.
administration of law by our courts of
justice.
THE SUPREME DANGER.
when that doctrine becomes sufficiently
prevalent in this country, if it ever does,
our institutions will be set aside and over
thrown, and if we are not misinformed
to the state of mind of some people in
some parts of the country, the time is fast
approa aching when men charged with crime
will not be permitted to come into court
and submit to a calm and dignified trial.
but will be strung up to a tree on the bare
suspicion that some one may hold the be-
lief that they have committed some crime.
1T is not long since l read in paper
that colOred man in the South had his
life taken because he had insulted white
man. What it the paper did not say,
but he strung up. i suggest. gentle
men, that that class of the community VINO
are crying out in our cities and are Sendlng
letters to lawyers suggesting that the man
who is charged with the crime that this
defendant is should not be permitted 10
have a trial before a court OF justice are
a more dangerous class TO the community
than the Anarchists about whom we read
so much.
Now, it is the duty of every American
citizen or every good man TO stand firmly
by the law, and put his voice against any
idea that a man should be punished for
any crime until he is proved guilty in court
beyond any reasonable doubt.
My associate and myself are here TO
uphold the law. Some weak-minded people
entertain the notion that the lawyer who
appears in defense of a defendant is In
court TO obstruct the due process of the
law to balk justice and to delay by tech
nicaities. But every man who knows the
members of the bar understands that Is
not so. My associate and myself are here
trict attorney is here for, to see that this
trial progresses in a legal orderly and
proper manner. We must. in every way
possible. put down and suppress this feel
ing that cases may be disposed OF without
the Intervention of courts of justice.
Il remember gentlemen. when | was
young man. living in Auburn and studying
my profession. the news came that d col
ored man had gone up on he shores or
ticaIly entire family named Van Ness
The news created intense excitement The
people gathered on the streets to hear the
news. In the course of the afternoon it
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 mob
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