The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-10-14
Cracking. N Jury for Political Pur.
poses Illustrated I'm Defense OF
Refugee Lynchehaun.
ARGUMENT WILL END TODAY
CROWN ASSERTS THAT COMMISSION
Err CANNOT DECIDE.
Authorities VIII BE Searched to De-
eide Interesting Legal Point
Final Arguments.

In attacking the injustice Of the trial by
which James Lynchehaun was convicted of
assault, in company with others, upon the
person OF Lady Mcdonald. landlord, Adj
olson c. Harris. one of the leading counsel
for the refugee. told dramatically the story
OF famous political trial in the Federal
court in this city. The case in question was
the Jennings county election cases, about
1876.
II remember very distinctly" said Mr..
Harris. that Benjamin Harrison. then the
leader of our bar, and afterwards the lead
or of the bar of the world, was employed
to prosecute the cases in connection with
the regular prosecutor, Gen. Tom Browne.
Governor Hendricks was the counsel for the
defense. After the jury had been impan-
eled General Harrison asked Governor Hen
bricks IL there was any objection to the
jury as it stood. No.. replied Governor Hen
bricks, In that famous attitude We remem-
Der so well. AS / take it the result of this
case Is a foregone conclusion
THE eyes OF General Gresham, who was
on the bench, flashed fire. What, sir do
understand you to mean?' he inquired.
" Simply, said Governor Hendricks, that
my clients are Democrats and that the COM
position of this jury is ten Republicans and
two Democrats
GRESHAM WAS INDIGNANT.
General Gresham turned to that distin-
guished old veteran, General Spooner, who
was serving as clerk of the court. How did
you empanel this jury he asked
Your honor replied General Spooner. in
stantly. L knew that this is a political case.
Consequently 1 took measures that the ma
jority of the jurymen should be men who
would uphold the government
General Gresham's rage was at white
heat. Sir he said to General Spooner,
you are discharged for the purposese of this
court You have proved recreant TO your
duty. he called upon a bailiff to procure
ment at once When that was done General
Gresham said with the utmost impressive
ness. I will never have 1t said that man
accused of a political crime cannot get a
fair trial In any court over which L have the
honor TO preside.
Related In Mr.. Harris's powerful manner
the story made profound Impression. Con-
tinuing In that line of argument he pointed
out that the jury which tried Lynchehaun
was selected as jury 20 uphold the govern
ment and one from which Lynchehaun had
no chance OF fair trial.
The entire day was used up in the closing
argument of Mr.. Harris for the defense and
In the final argument OF Jesse Lafollette,
representing the British government, seek
ing to extradite the prisoner. Mr.. Harris
began his argument at 10 o'clock yesterday
morning and completed 1t at $50 in the after
noon. occupying three hours and half with
a comprehensive presenta ton of every side
OF the case. Quoting Judge Morrow of the
United States District Court, Mr.. Harris
said:
NOT EXTRADITABLE.
Political offenses-offenses subversive OF
the internal or external safety of a State
and common offenses connected Herewith
shall not be extraditable offenses. The char
acter of the offense shall be judged by the
nation upon whom the demand is made ac-
cording TO the law most favorable to the
prisoner"
In detail Mr.. Harris discussed the incl
dents Of the trial and conviction OF the
prisoner. pointing out the feeling of Irish
men against the government and the land
lords and the harshness and rigidity of the
crown toward the province. Several times
he was interrupted by Attorney Lafollette
and occasionally there were sharp passages
at arms between the two attorneys. Com
missioner Moores found it necessary to
check the flow OF personal remarks. After
Mr. Harris had concluded his argument he
shook hands with MIR. Lafolette and the
incident left no permanent hard feeling
At $3.50 Mr.. Lafollette began the argu-
ment for the crown His principal con-
tention was that Commissioner Moores did
not have the authority 10 surrender the
prisoner or to make a final decision on the
case His Jurisdiction simply to re-
view the evidence and present his finding to
the executive department of the govern
ment. he insisted The secretary OF state
is the official in whose hands lies the final
decision. he claimed. Attorneys Harris
Winter and Spaan, for the prisoner, diff
Tered sharply with Mr.. Lafollette In this
argument, pointing out that this procedure
would give the commissioners simply the
power OF a master. He has the authority,
they declared, 10 make a final decision as
10 whether the man shall be released or re-
turned To the British authorities.
The weight OF the authorities seemed To
support the contention OF the counsel for
the defense. After prolonged argument
Commissioners Moores continued the hear
ing until 10 O'Clock this morning Mr.
Lafollette will be given every opportunity
to support. his argument that the commits
kfoner cannot make a final decision. The
end OF the argument will probably be
reached by noon.
THE