Omaha daily bee., 1902-03-16
An OverZealOus Justice


e. w. waybright Of Denver told the fol-
lowing story to a New York Tribune re-
porter the other evening in the course OF
a talk about Abraham Lincoln and the men
Of his time: Judge Foley Of Lincoln, Ill.,"
said Judge Waybright, was brought up in
the shadow Of Lincoln and Douglas. The
Judge once told me a tale that he had had
from Douglas himself of a murder case in
which the little giant was once engaged.
Douglas had just been admitted to the bar,
when he was called upon to go down into
the country, some thirty miles from any
where, to defend a man accused Of murder.
The preliminary examination took place
late in the afternoon before a backwoods
Justice OF the peace, who wholly mistook
his powers and authority in the matter.
Under the English common law all that a
]. p. can do in a murder case is, II prob.
able cause or reasonable probability Of guilt
Is shown, to bind the accused over for in
dictment by the grand jury, which, being
done, the case itself must be tried by a
petit jury. This was, of course, all that
this ]. p. could have done legally, but, as
the event proved, he did not think go, and,
what was more, he came within an ace OF
making that thought stick.
HE broke suddenly into Douglas argu-
ment with the words, 4 find the accused
guilty and sentence him to be hanged at s
o'clock tomorrow morning Douglas en-
tered a strong protest. He showed the
]. p. that he was exceeding his authority,
and that II he hanged the man It would be
neither more nor less than murder.
HE might as we'll nave talked against
or at the four winds Of heaven. The ]. P.
was as adamant, and at once supplemented
| his QanfanOa nv an ordar IN tho constable
to see that II was strictly carried out and
to that end, to erect the gallows instanter.
Douglas, beside himself, appealed to the
leading s~torekeeper and explained how mat
tiers stood. Well, I dunno rejoined that
worthy, the squire's powerful sot in his
ways, and II he said Bill has got to hang I
reckon Bill will have to. II I was you and
really wanted to save him I'd employ a
lawyer Douglas was quick to grasp the
point, and asked where he could find a
lawyer. The only one within reach
Twas Jim Simmons. who lived some
Fifteen miles away, and in between was a
stretch of as villianous roadbed as ever
existed. The storekeeper, however, supplied
a buggy and a guide, and Douglas started
the ride. The wee sma'' hours found the
future idol OF the people at Simmons
home, and that legal light was soon routed
" w " ~ a. NooC SABiolhNu W hAIls
Again a demurrer and another, and more
decided reference to the '~sotness' of the
squire in his ways. Again more scruples
and fears overcome, and the reluctant Sim
mons was at length persuaded to accom-
pany and join Douglas in another attempt
to prevent the threatened execution.
but, stranger protested Simmons,
you're putin me to an ALFRED heap OF
trouble, and I'll have to charge you right
smart for II, especially as Bill orter be
hung anyway
How much?' tersely q%ueried Douglas.
"'Five dollarsI' r~ejcined the grasping Sim
mons, and with a gold piece Of that de-
nomination in his hand the twain started
on the return journey.
ut was nearing 8 when they got back to
the little ~backwoods settlement, and not a
second was lost in getting the justice out of
bed. In the worst Of humors, he listened
to luminous argument, and then, with a
snap. reiterated his sentence. 4 appeal
from your sentence put in the brilliant
and desperate Simmons. Douglas said
nothing. Simmons had no more right 20
appeal than the justice had to sentence.
II was, however. no time for legal bubbles,
or, indeed, for legal knowledge. The JUS
tice hesitated. Jim he finally said,
you've got the right to appeal, and II you
insist III have to put on the execution
but IL l do I'll have to make you put uu a
powerful lot OF money as bail for Bill-a
id sight more than he's worth he wount
up, testify.
How much?' said Douglas, automatic
ally.
""well, stranger replied the justice
I'll have to have $685.
douglas arranged for the bail, and Bill
was afterward legally tried by a jury OF his
) peers and sentenced to ths gallows, but the
experience was not lost on the young law
yer. To his dying day Judge Douglas de-
lighted TO tell the tale"