Mexico weekly ledger., 1902-10-09
LETTER FROM COL. CLAY.
To the Editor Of the Ledger.

erer was arrested, but by the lenlency
Z the Sheriff, under,it is said,a money
tipulation per day for guarding, he
yas kept out Of Jail for more than
hree weeks and allowed to remain at
lis usual place of residence until
August 5th, the conclusion OF the pre-
iminary trial. dissemination lasted |
.wo or three days attended by three
awyers and their witnesses for the de-
ense. After public and exhaustive
and hearing all the evil
ience pro and con, the Magistrate,
inder a proper sense Of his duty to the
held the prisoner under
bond for his appearance at the Circuit
Court.
The law is: "All felonies shall be
by indictment or informa-
tion" tSec. 2476 Acts 1901 and when
a Grand Jury is requested; the Court
shall specify whether the Grand Jury
shall be drawn and selected by the
County Court or selected by the Sher-
it," {Sec. $40 az. The Prosecuting
Attorney, in his lawful discretion, re-
auested the calling of grand jury,
although himself convinced that a
crime had been committed and that
the State had good case. ! have
reason to believe that no one was more
surprised than he when the jury
failed to return an indictment. The
grand jury was selected, under order
Of the Court, by the Sheriff, instead
Of by the County Court. Rhodes Clay
had made a triumphant canvass for
the nomination OF Representative
without an opponent in the primary,
but he had political enemies who even
in a few precincts scratched his name
on the ticket. In the selection Of the
grand Jury three or four Of his politi-
cal or personal enemies we're placed on
it, whether from design or a mere CO.
incidence l leave to individual con-
clusion. From one township tthe law
recurring them to be apportioned
among the townships) of all the good
and true men in that township an
outspoken political enemy was selected
and from the only precinct where his
name was materially scratched. Here
was a tragedy that deeply shocked the
moral sense Of the whole community
and called for the seyerest scrutiny
and Investigation known TO the law,yet
the same design, coincidence or mad
yertence marked the selection Of other
Jurors Of known personal bias-one Of
whom at least was heard to express
himself against an indictment before
any evidence was before the Jury
Another was a witness for the defense
IN the preliminary trial.
Before this jury appeared one wit
ness, Pete Bedeil, who after the break
down Of the "negro and his boss In
the preliminary examination, the de.
fense did not dare 10 put on the staRa,
where there would be witnesses 10 re-
buttal 10 show be did not even
see lie dIniculty. Yet be was showed
into the secret room Of the grand jury
10 tell his tale without the rebutting
witnesses.
Upon the failure Of the jury 10 OBJ
tain the required three-fourtAs vote TO
indict, IL was heralded 10 the metropol-
itan press by telegraph that; "Clar-
ence Barnes, Secretary OF the Audraln
County Republican Committee, ,ras
cleared today Of he chargc Of murder By
fse graad jury
There mas also teen u stuufcf propa-
cation Of misrepresentation Of the
facts brought out by the testimony
and to influence public opinion by
asserting that the deceased was drink
ing and had fingered around the post
Office for the purpose Of bringing on
difficulty, neither Of which assertions
were warranted by the evidence. AT
the preliminary examination this plea
Of drinking" Wasaudaciously exploit
ed by the calling Of a host Of wit
nesses-not one Of whom-with per-
haps the qualified assertion Of one
said he was under any influence Of the
kind 1t was shown only that during
the day he bad taken four or five
small glasses Of beer with friends and
these not the regular size beer glasses,
but the smallest size. Other witnesses
who had met aud talked with him
testified that there was nothing un-
usual in his manner; he was natural
and courteous as usual The defense
made 50 little out Of this plea that
it was not even put before the grand
jury.
As 20 the standing about the post
Office for a difficulty: Barnes ofiiee was
over the Southern Bank, In another part
of the town, where anyone would natur-
ally expect to meet him, II seeking an
encounter When the shooting oc-
CURED il was about the hour Of open
Ing the mails. The deceased was on a
direct line 70 bis mail box, over To-
wards the west door, when Barnes
crossed Oger towards him in an un-
usual route Of exit from the location
Of his box near the general delivery
window And there was not a scintilla
Of evidence 10 show any motion, threat
or menace by Clay 70 invite a difficulty.
on the contrary he was pursuing the
usual and most natural direction 10
leave the postofllce building and when
outside had started, as the evidence
shows, and was in posltion-to turn the
corner q the postonhce when he was
shot from the rear and side.
The testimony o. the coroner, un-
dertaker and six physicians who made
careful examination Of the body
shows be vas shot across the hack
and in the side which were the only
wounds found, thus indicating he was
Dol facing or advancing upon Barnes
and his purpose was % pass him by.
These physical facts, undisputed and
indisputable make II impossible for
bin D. have been the aggressor. Be
sides eye witnesses testify, with but
little conflict, 10 the fact that Barnes
dreg his pistol first and fred the lrst
shots IN fact the Irresistible con-
clusion frun the evidence Is, that Clay
had received bis fatal wound before
be ever drew his pistol and turned %
advance on his assailant.
mai. .