The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1903-10-09
A SCATHING REBUKE !
Judge Waters Takes a Decided
Stand In NotoriousCase Dis
misses Jury For Its Verdict
in The Nei1nan Case.
Vio1ators Get
Warning.

lar panel were locked up On the Ncimar
case, and the widespread discussion that
the trial had occasioned, hard work was
experienced in getting 4 panel. Sheriff
Reasin summoned twenty talesmen and
each of these were examined to the volr
obtained and the sheriff was directed to
90 outside of Bel Air in order to obtain
twenty additional names. On Wcdnes-
day morning after court had been called
the case was brought to an unusual end
by the Court Diminishing the entire panel
and declining to try any more cases this
with spectators, as has been the case
since the commencement ofthcse trialslast
Thursday, but no one was prepared for
the dramatic ending which was adopted
by Judge Waters, who released Petri on
his own recognizancc, with the advice to
leave town as soon as possible. He in
the meantime sent for Ms. Neiman, and
when she appeared his remarks were no
less severe. The action of Judge Waters
was cool and apparently the result of
serious thought. During the time that he
was talking a silence pervaded the entire
room, and not sound could be heard
except the hushed breathing of the entire
assemblage. For some moments after
the jury had been discharged. this condi-
ton existed, as if the exact words were
just being realized and the gravity of the
situation fully appreciated. 1t was a
most extraordinary proceeding seldom
resorted to in any court, and certainly
never witnessed in our temple of justice.
After the court had adjourned Judge
Waters was congratulated by many
persons for his decided stand in this no.
torious case, which has probably attract
ed more attention than any trial in the
past twenty years.
Judge Waters spoke very freely and
feelingly as the following stenographic
report shows. He said:
81 wish to say to you that it seems to
me, that very unpleasant duty is i'm
posed upon me at this time, possibly a
grave responsibility. l have thought
the matter over and have concluded that
there is only one proper course for me to
adopt During the last five or six days
we have been engaged i'll the trial of n
case here which certainly proved beyond
the possibility of doubt that for months
past house has been kept in this town
which is n disgrace to the community
and putrid sore in our midst. | say
without hesitation that this is shown
beyond n reasonable doubt to any
reasonable man. We had verdict in
that case, which to ME is not remarkable
but it is uncomfortable. | would not
have believed it that it was possible, ex-
cept that the fact is before us. 1t is not
my duty to criticise the jury, and | do
not intend to criticisc it, except in SO far
as the result may be considered a criti-
cism. Ofcourse, recognize that mis-
carriage of Justice of this kind is not the
fault of everybody on the jury; it may be
the fault of a very small part, but If
allowed to pass unrebuked reflects upon
the whole jury and upon the court that
selected that jury do not intend to
allow it to be passed without a proper
rebuke say here frankly that am not
willing to sit here and try any case at
any time before Il jury as has shown
itself of this character. | do not intend
to try more cases.
There are a few cases on the docket to
be disposed Of Most of them are on
bail. With one exception | intend that
the bail will be respited and the cases
tried at the next term.
so far as Louis Pctri is concerned l
intend to direct that his bail shall be dis
charged; and / want to say to MIR. Petri
that we have no use for him in this coun-
ty. In discharging his bail, that we have
no use for him now or al any other time,
and want to say to him that if the law
cannot punish criminals it cannot pro-
tect any body, and my advice would be
to him now that his bail is released not
to lose any time in leaving this county.
If the law cannot punish criminals, it
cannot protect criminals or anybody
else and will not be responsible for his
safety i'll this county. My advice to him
is to leave this county just as soon as
possible; do not pretend to say just
how long he shall stay here.
81 sent for Mrs. Neiman for | have a
word to say to her. did not observe
that SIlC w is iIoI vi
waited until she came in so it might be said
altogether.
II would say further, while am wait
ing, something else that might as we'll be
said now. In my opinion we have reached
a crisis in this court and in thiscommun-
itv and we have to meet it. 1t is right
that community should be governed
by law; the people have a right to look
30, l,a 10 IN, tI,a,,, o,,I 1nror
as occupy the position now do the law
will be used for the protection of every
| body Rut as soon as it becomes mani
fest that the law does not protect, then
it is the privilege and the duty of the
community to protect itself Ihope that
| it will never reach that point here, but
so far as can see we are tending very
rapidly to that condition of things, and
unless it is soon checked it is bound to
come upon US. If it becomes manifest
that the law cannot punish criminals i'll
such a case as this, the community in
cvitably will take it into it's hands to
protect itself | think | will go further
and say that as soon as the responsible
| ty of my position is removed from ne
will assist in that. If it is manifest that
the law cannot protect the community
the community will protect itself, and so
far rs am personally concerned, as soon
as am relieved from the responsibility of
my present position, | will help to do it.
l hope that the time will never come when
that will be necessary and don't believe
| it will ever come because the sober second
thought will convince the people that the
law and the enforcement of the law is the
only protection they have. 1t is the only
protection the criminal can have against
the mob and it is the only protection of
the community against the criminal or
of one criminal against another.
LAS have said do not criticise any
body for the verdict but it is n manifest
miscarriage of justice which cannot
pass without notice. The state faffairs
which have suggested has not reached
us vet and do not think this community
is satisfied that they cannot look to the
.. law for protection; but it is tending that
way, and we have got to stopit. lido mot
mean to censure the jury either individ-
ually or collectively but say as l said
before that as the thing stands now there
is stigma resting upon the jury and upon
the court which selected that jury.
81 see Mrs. Neiman has come into court.
Mrs. Neiman step around by your coun.
sell Mrs. Neiman | have sent for you
this morning to give you word, it may
be word of ADVICE or it may be a word
of warning. The jury by its verdict, has
said that you are not guilty ofthe charge
made in the Indictment, the charge laid
against you; and so far as punishment
is concerned it is absolutely out of my
power and have no desire or purpose
to punish you. In so far as that case is
concerned the jury has said you are in