The Van Buren press., 1901-09-28

Gentlemen of the Jury: A calamity has
fallen upon this nation through the act
of this man, but the question IL whether
his act was the act Of IN insane man.
he should be acquitted OF that charge. lie
would then, of course, be transferred TO
an asylum.
Much discussion has occurred IN our
midst, and has been called to my atten-
toin, AZ 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 proprety
of "A defense being attempted. You gem
tlemon know, perhaps how Judge Titus
and myself came into this case. The posi-
tion was not sought by US, but we appear
here In performance OF n duty which we
thought devolved upon us, notwithsland-
ing II was an exceedingly disagrecnblc
one. His honor the Judge who presidos
at this trial as n justice Of the supreme
court, IL here because the law makes
1t his duty to sit and preside at this
trial,
our very distinguished and able district
attorney has prosecuted this Teton le-
cause the law makes II his duty to do so,
You, gentlemen, are sitting there because
you We're commanded to appear here and
under our system OF Jurisprudence It was
your duty to sit here, hear The testi-
mony In this case, and perform the duty
OF determining whether this man Is to be
executed or set free
The defendants counsel appear here be.
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, II death, without
he has the assistance OF counsel. The
court has the power to designate counsel,
and II Is the duty OF the counsel thus
designated to appear In the case unless
they can make some reasonable 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, II as.
signed, to defend u criminal, or rather
the one who ~ charged with n crime,
They are compelled TO respond and accept
the du, ~, unless Mess. they can present some
perform that duty they nre guilty OF a
Nisdemeanor, and are liable TO punish
ment By the court.
SO YOU see, gentlemen, II any simple
minded, thoughtless person should enter
tain the notion for u moment that the
counsel who appear In this case are do
Ing something which they ought not TO
do, that person IL l0boring under u very
serious misapprchension M to the duties
dcvolving upon lawyer. The dcfond-
ant no matter how serious crime he has
committed, II entitled under our laws TO
the benefit OF n trial. In dhc case Of
murder he must have trlM.
You sat here and listened TO the defend.
~
rnIgned at the opening OF this term, but
the law OF our state Will not permit him
TO plead guilty TO such u crime as this.
The law " 40 careful OF the rights OF It's
citizens, that II will not permit man
TO plead guilty 70 this crime OF murder,
NO that, oven after he 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 estab-
iish beyond reasonable doubt that the
defendant was guilty Of the crime charged
against him,
There. are In our country individuals.
not, | hope In very large numbers, but
we know they are scattered ali over the
country, who think IN a case like this, OF
even IN charges OF much less degree, II
In entirely proper that the case should 10
disposed OF by lynch or mob law, We can
hardly take up u paper without we learn
that In some part OF this free and indie
dered on the. suspicion or belief that he
was guilty OF some crime, This state OF
things does not exist IN our community
but II does IN some parts Of our state,
ms every intelligent man knows
II II charged here that our client IL an
anarchist. a man who does not believe
IN any law or IN any form OF government
And there are, 80 we are told, other In
dIvIduals who entertain that opinion, We
feel that such doctrines are dangerous.
are criminal, are doctrines that Will sub.
vert our government IN time II they are
allowed TO prevail,
Gentlemen OF the Jury, while ! believe
firmly In that, ! do not belioyo II creates
n danger to this court cqu9l 10 the he
lief, becoming 40 common that men who
are charged with crime shall not be per-
mltted TO 40 through the form OF u trial
In a court OF justice, that lynch law shall
take the place of the calm and dignlned