The Birmingham age-herald., 1903-08-06
NEWS ITEMS OF THE DAY
 IN THRIVING PRATT CITY

IN THRIVIN Pratt City, August 5. = Especially = Ar thur Franklin. the ten-year-old son of MT. and Mrs. Joe Franklin, who live near Crumley. came near losing his life yesterday. MT. Franklin was having a well dug and the evening before a blast was made. Yesterday morning young Franklin went down into the well and was overcome by gas. He was unconscious when gotten out and 1t was quite while before he regained his senses He is get ting on nicely today
 A negro man was driving a horse on East Highlands this afternoon. and fin passing an electric light pole the animal stepped on a wire and was knocked down. The negro got out to see what the matter was. He finally got the horse away after 1t had been knocked down
 
 thinking. The juror Is the creature of the law and Is directed by the law to perform the functions of his office, and when the judge invades the province of the jury he Is trampling the law under his feet and subjects himself to the right cous indignation and criticism of the peo- pie. The authorities hold that when the juror accepts the law from the court he is absolutely independent of the judge, and the judges conviction as to the guilt or innocence of the accused is a subject that does not and should not influence the juror in his search after a true yer dict
 The juror is selected from the body of sovereign citizens. He is clothed with the majesty. power and dignity of the law. He Is the sole judge as to the credibility of witnesses and is directed by the law, and obligated by a sacred oth, to find a verdict according to his own conviction and conscience. Then when he exercises the functions of his office. performs his duty as he sees 1t. and fails to agree with the other members of the jury no judge has the right to brand him as a perjurer and stamp him as Q dlsgraced man in the eye of his fellows.
 Law Is Over All.
 The law Is over all It is the rock of our refuge in civic affairs. And the law presumed Turner innocent until he was convicted by jury of his peers.
 Has Alabama become the disciple of a new faith? Has she been baptized into the idea that the federal government has monopoly of al the rights and dignities which were formerly shared by the sov- ereign state? And has all this change been wrought through the appointment of democrat by a republican president of a place on the federal bench? Is free speech to be suppressed and the jury as- cD f fc iraa hat A should stretch forth the healing rod and give the land delverance. These in- stitutions, through which all the blessings of liberty came to ns, were wrought through human sacrifice and heroic suf- fering. and we owe it to an immortal an cestry. to ourselves, an to posterity, to guard with intrepid vigilance their sacred life and honor.
 I said in my Luverne speech "The fed eral constitution guarantees to every citi- zen the right of trial by jury, and this is one of the dearest rights vouchsafed un- to the American citizen. It is one of the brightest jewels that graces the fabric of our civic system. A fair and impartial trial by jury of one's peers, free from hampering influences and the frowns of intimidation. is a blessed thing in this land of liberty"
 The Turner Trial.
 Would you call Turner's fair and inn partial trial2 Again 1 said, ''the judge delivered what l consider to be a charge wholly uncalled for and out of place, and It tended, in my judgment to intim- idate rather than to enlighten, to tres pass on the domain of the jury, and to usurp its functions. The jurors were the judges of the facts. It was their province to determine from the evidence the guilt f1Y. inn af "A aafA he right of trial by jury is enthroned in the affections of our people. and let us ever remain alive to the importance of its rights remaining lnvolate Judge Jones stated: that he said what he did to the jury 'as a southern man, as an ex-Con- federate soldier, and as an Alabamian, which made the sting more painful. He should only speak as judge.
 Again, it Is worthy of consideration to note that the decided weight of authority Is that good character, when considered in connection with the other evidence ln the case, may generate a reasonable doubt" The circumstances may be such that an established reputation for good character. if 1t is relevant to the issue would alone create a reasonable doubt although without 1t. the other evidence would be convincing. Shiras. J. in Ed dington vs U. s. l64 T.. s.. 360.
 Turner Proved Good Character.
 In the case of Townsend vs. The State 34th Southern Reporter 3S2 (Alabama) Judge Tyson. speaking for the Supreme court of Alabama, held that Even where there is no conflict in the evidence as to the guilt of the defendant. the credibil- ity of the witness is for the jury, and ii is error to charge that If they believe the evidence they must find the defen- dant guilty They should believe the evidence beyond a reasonable doubt. |"
 The fact that MT. Turner yielded, ulti- mately under peculiar and extraordinary conditions, and agreed to enter a mild confession of technical guilt does not ir wise weaken the principle involved namely, "the free and unhampered right of trial by jury" But since the Mont gomery Advertiser says To-day Turn CTS attorney. In open court, admitted upon the law as the court had declared it, that Turner. on the undisputed facts was guilty, and he pleaded guilty and received a merciful sentence This Is the most overwhelming answer to Mir. Hehir and other critics of Judge Jones in this matter"
 1 submit a few things for consideration Turner's Mother Dies From Worry.
 Montgomery. July 20.-(Special.) J. There is a pathetlcally sad story con. nected with the ending of the Turner peonage trial in the Federal court this morning of the death of the venerable mother of Mir. Turner In feeble health the dear old mother has been greatly disturbed by the recent trIais or her son and when he left her bedside this morn.