The copper era. (Clifton, Graham County, Ariz.) 1899-1911, 1902-05-22
THE OTHER SIDE. .
Attorney Jones UphOlds the Jury
and Criticises the Court.

IntOSh case Dy } JuGge DOan l5 sIii4 lut
all-absOrbing topic Of conversation
Throughout the county. 1t * sale te
say that the Judge is backed by nine
tenths of the best people OF the county,
but of course there are few, very
few, who criticise the court for rebuk-
ing the jury after it had rendered its
verdict. Wiley Z. Jones, eX-district
attorney, and one Of the most brilliant
attorneys in the territory, who was
employed by Mcintosh, takes the po-
sitioa that the Judge was treading on
dangerous ground in repremanding
the jury. As the people of the entire
county are greatly interested in this
case the ERA here presents 1.-THE other
side" as printed in the Guardian last
week, and signed by Mr.. Jones:
Stafford, ARIz, May 5. 1902.
! Error GUARDrAS:-As comments the
Mcintosh case seem TO be IN order all along the
line, l ask for a little space in your paper upon
The Eulletin in its comment recently said:
] There is wide difference of opinion as to the
. wisdom of court rcbuking Jury after il has
| returned a verdict" That is certainly true and
| there are many who do not believe in the wis
dom of such course. Is not the effect stroke
at our jury system which has been sanctioned
| by the experience of ages, a system which Is
| guarded and guaranteed by the constitution OF
| the United States; One of the causes of the
war of the Revolution is set forth in the Declar-
alton Of Independence against England as fol
| lows: For dcpriviug Us in many cases OF the
| benefits OF trial by jury
The constitution says. In all criminal prose-
| cutions the accused shall enjoy the right to IA
| speedy aud public trial by an impartial jury.
| 1t means the concurrence of Twelve minds
| where life and liberty are at stake. These are
/ too sacred to pIltruSt To the Caprlce DreluIiCpS
| or impulses of one mans mind. In its enforced
! duties and the functions imposed upon the
jury it is superior to the Judge, the Sheriff. the
| clerk and all other arms of the court
| In passing upon those solemn questions which
| should be projected from intimidation of every
character. The law guarantees an accused
| free ana IMPARTIAL jury. Is a jury free and
| impartial when sitting in the box con
| frontcd with the prospect of the impending pub
! lie sure of the judge. unless those twelve men
! bend their minds to his opinion and make ms
ogiuiou their verdict? Is that the verdict of
! jury If thst method should receive public
approval. how long il will be until we hear the
cry Repeal the Declaration of Independence.
Down with the Constitution of the Jmted
These observations are made with the sole
desire to illustrate where the matter would lead
20. The jury are sworn TO render II verdict nc
cOriiac to the Judgment and not according to
the Judgment of some one outside the jury box
The opinion of the judge. or the opinion of the
sheriff, the opinion of the clerk. or the opln
ion Of the district attorney, or the opinion OF
the attorneys for the defense, all members of
the court should be cutlrciE ignored bN tle
jury in discharging their solemn duty, and
rendering verdict upon the question of fact
between the Territory and the defendant HIS
guilt of innOceuse is question submitted TO
them alone as n question of fact, and they
would be untitled as jurors were they Influenced
in their verdict, in any manner whatever, out
side the law and evidence There Judge
ment must and should prevail, To be n trial by
Jury Even if some individual should view II
in another light, and feel that he, though not
under oath aS a Juror. would have rendered
another verdict, should he not respect that YER
diet, when rendered by twelve mea under oath
and selected under the sOlomnity and sanction
of the law. The jury box is an unenviablc po-
sition. men are brought into ii by the mandate
of the law, under penalty OF punishment for
contempt of court, if they fail or refuse TO obey
the order to appear. They should protect their
oaths their conscience, their position as Jurors
and their manhood, under the law by rendering
Il verdict according to their judgement aud not
according to the judgement, the hopes or de-
Sires of others.
In my effort to emphasize my views, hope
not To be misunderstood in any particular. Not
for u moment do question the motive of Judge
Doln. All who have come in contact with him
will certainly agree with me in saving that he
is at all times a genial and most amiable gentle
man, and an official who has endeaVoIcd at all
times to command the respect of the bar and of
the cummunity in dischargiug the duties OF his
station. His position has It's dlhculties, and
while, TO err is human. all must conccde that
whatever errors he may have committed. II any,
must have been merely errors OF Judgment IN
his desire TO do the right thing. But, in his
most COmmendable wish to stamp ont crime If
possible does he not establish a precedent in
this instance which would be of irrCtrieyable
damage when followed by some future occu-
pant of the bench possessed of less integrity
The Governor. the congressman, the county
official the capitalist, the workman in the shop,
the hOrSemau upon the range and the tllcr of
the soil all stand upon common ground when
the verdict Of ac4uttal is pron0unced by the
the constitution and law.
The Mcintosh case is not the only one of un-
usual interest to the people There have been
miriads of such cases i'll the past and viii con
tinuc TO be to the end of time but ourjury system
must be upheld and projected, unmpsred.
To illustrate further few months ago
former prosecuting attorney, Heflin, of Silver
City. New Mexico, most popular young man.
was killed reported murdered in cold blood in
that town by gambler named Childress.
Public sentiment almost favored lynching. 4
change of venue was taken to Las Cruces and
last week the accused was acquitted, after a
hard fought legal battle before jury. Does
that call for doing away with jury trial or for
judicial ccuSure of the trial jury?
Rodella indicted in Grahm county for the muir
der of one Frank Ellwood at Metcalf, charged
with following him over 500 yards, shooting st
ElwOod several times, and finally shooting
him in the back with winchester rifle, the
ball coming out through his breast, Ellwood
falling dead from his horse. Rodella claiming
to be acting temporarily as an officer. The
case was earnestly contested between the dis
trict attorney at that time and able attorneys
for the defense a verdict of guilty was rem
dered by The jury. This verdict was set aside
by Judge Doan, as not supported by the cvi-
dencc. The situation was gracefully accepted,
Rodella subsequently discharged and
SpceulIS iclt lhe country me jury was not
CcnSurcd, Tcprimanded, nor Sunmarfly d4S-
missed and the world moved steadily on.
Only last week, the editor of an FL PasO paper,
becoming incensed by the verdict of a jury in
that city. Immediately declared against the jury
system, and urged its abandonment in an edi-
torial. Perhaps the Dreyfus method which dis,
graced France before the world two years ago,
would suit that editor; or he might bundle up
his printing outfit and move 10 China where
reeking heads are frequently swung about in giee
by the pig tail appendage without the previous
fOrlnaltty of a jury trial.
Matters herein referred 10 would seem 10 make
rs cling the closer 10 our time approved jury
system and hold it the more sacred as the chief
bulwark of American liberty.
Graham county Is just about upon par with
stands ahead of some in her record OF furnishing
crime. Mavicnpa, one of the Oldest snd largest
of the Territory, and the home OF the capitol,
has had but one execution in all her history,
though witnessing murder after murder during
that time. Within the past half dozen wears
Graham county, one being executed and the
other escaping nine days before date Of eXecu-
ton. A few years previous. several Others
were convicted and executed in Graham
been convicted of fclonious homicide aud sent
10 prison.
Let US continue TO stand by the old land
marks. Let us be guided by temperate, we'll /
considered counsel and deiiberaliOn. Let us
ever uphold and protect our system of Trial by
jury as imbedded in the Constitution and the
law. Respectfully
WILEY Z. JONES
1t is quite evident that the intent OF
the above article is to make sympathy
for the jury, and also to create the i'm
preston with the public that Judge