New-York tribune., 1901-09-25
PRISONERS COUNSEL SPEAKS.
Judge Lewis. in his address 70 the iury. said

JuCSe Lewis. IN MS ADDRESS 10 Iile Ju'S' S'iN-
Gentlemen of the Jury: A calamity has fallen
upon this. nation through the act Of this man L. but
the question Is whether his act was the act Of an
insane man. If insane man II Is not murder,
and he should be acquitted OF that charge. He
has been called TO my attention as to the propTieIy
letters have been received by me since ! was as
tionng the propriety OF a defence being ATTEMPTED.
You gentlemen know. perhaps. how Judge TITUS
not sought by us. but we appear here @ IN perform,
US. notwithstanding il was an exceedingly disagree
as 1S jgste oi9 of the sapree coGr is here because
the law, makes it his duty 10 SIT and preside
our very distinguished and able District At
torney has prosecuted this action because the law
makes il his duty to do You. gentlemen, are
sitting there because you were to ap
It was yoEr duty to sit here. hear the testimony in
whether this man is to be executed or to he set
under our system Of Jurisprudence. no man can be
penav on of bcb ior Under f the a IS @ deah with
out he has the assistance of counsel The court
duty of the counsel thus designated to appear In
the case unless they can make $50 some ne reasonable Is
Gentlemen when they become members OF the
They are compelled if assigned. to defend a Grim
inal or rather. the one who is charged with
and If thew refuse to perform that duty
to punishment by the court,
SO YOU see, gentlemen, if any simple minded.
thoughtless person should entertain the notion for
a minute that the counsel who appear in this case
doing sonnet hing which they ought not to do
that person is laborng under very serious mis-
be a 5D int 6o matter hoW
crime he has committed. Is entitled under our laws
must have a trial.
You sat here and listened to the defendants plea
of guilty when he was arraigned at the opening of
this term the law of our State will not permit
Ia iG
it will not permit a man TO plead guilty to this
ceded his guilt in this case it was incumbent upon
the court to insist that the trial should proceed
reasonable doubt that the defendant guilty of
the e1e crime are m o1r eounr h% not hope
in very large numbers. but we know they are
degree it is entirely proper that the case should
mhard h ase % this s and h0s sa co6ft 5ha
some man has been murdered on the suspicion or
belief that he was guilty of some crime. This state
does in some parts of our State. every intelli-
It is charged here that our client is an anarchist
a man who does not believe in any law, or in any
told other individuals who entertain that opinion.
We all feel that such doctrines ines are dangerous are
ment IN time if they are allowed to prevail:
that do not believe # creates danger to t this
country equal to the belief. becoming common,
permitted to go through the form OF trial in a
court or justice, but that lynch law snail take the
place of the calm and Identified administration of
the law of our courts Of justice.
When that doctrine becomes sufficiently preva-
lent in this country if it ever does. our institutions
will be set aside and overthrown, and if
msinformed the state of mind of people
in some parts of our country the time is fast ap-
be permitted come into court and submit to a
aim and dgnified trial. but will be strung up
the belief that they have committed crime.
P95 IN his m RspfE
cause he had insulted a white man. What it
the paper did not say, but he strung up. |
submit gentlemen, that that class of the commu-
nifty who are crying out In our cities and are send
ing letters to lawyers suggesting that the man who
is charged with the crime that this defendant is
should be permitted TO have a trial before
court of justice is more dangerous class than the
anarchists about whom read much.
Now. it is the duty Of every American citizen
put his voice against any idea that man should
be punished for any crime until he is proven guilty
My associate and myself are here TO uphold the
law. Some weakmnded people entertain the notion
that the lawyer VINO appears in defence of de
fendant is IN court TO obstruc the due process of
the law, to balk justice and delay by technica-
ties. But every man who knows the members of
the bar understands that this is not My
that the learned District Attorney is here forto
that this trial progresses in a legal. orderly and
put down and suppress this feeling that may
be disposed of without the intervention of courts
Of justice.
l remember, gentlemen. when was young
man living in Auburn, studying my profession.
when the news that colored had
gone up on the shores of Owasco Lake and there
had murdered practically an entire family named
Van Ness The news created intense excitement.
The people gathered the streets to hear the
oar,s IN the course of the afternoon it was
learned that the man. Freeman, had been ar
rested and being brought to the city to be
more and more excited. They began to talk about
mobbing the colored man when he arrived: Will