The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1904-06-11


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heel OF the docket. While this statute
seems to be decisive of this case when
applied to the facts as they appear in
the record (51 and 52). yet. suppose
we had no such statute, on general
principals of justice could such unjust.
larbitrary and oppressive and car like
dispensation of justice be sanctioned?
| Consider the history of this case as
stated in the record (51 to So and
behold! We see a case where a Jury
of twelve good and lawful men. after
hearing all the evidence. decided by
their verdict that the defendant In err
Tor was attempting to rob the plant.
in In error by adding to each OF sew
eral notes an extra ten dollars on
each. and this was a question of which
the jury was the sole Judge and the
jury was the sole Judge OF the cred.
ibllity of the witnesses and of the facts
proven. and this was a question which
the plaintiff in error had a constltu.
tional right to have a jury pass upon,
an done which was passed upon by
jury, after hearing all the evidence,
and receiving the Instructions of the
court as to the law--to which instruc-
tions there was not an objection by
the defendant in error--and, there
fore. it was a question which should
have been final, as so passed upon,
set aside by the court, on the most
himsy excuse of motion, 1851 and
trampled under foot as 1t were; and
we see this same Judge. who so merci-
les5ly demolished the verdict of the
jury, refusing the right OF appeal
therefrom (52), and we see this same
case set for trial the second time and
assigned for the 14th day of December,
in the year of our Lord. 1903; and be-
hold waiting at the bar OF justice, the
faithful counsel, patiently waiting
through a period Of four long days In
order that the plaintiff In error might
again offer his evidence and receive
from the second jury of twelve good
and lawful men a verdict in his fav. !
or on the same question; and then we
see the time drawing near for the sec
ond trial-only four more cases undis- I
posed of set ahead of this casA-and |
then we see said counsel quietly pass
ing from the court room for the pur-
pose of informing the plaintiff In error
of the conditions as above stated, and
that he must remain at his place of
business (only a short distance from
the court room) and be ready for trial
on being called by said counsel, and
then 10. and behold What do we see
next? Why. we see this same Judge
sole presiding judge of a court Of
justice-and the same judge who had
previously announced in open court
that all cases would be called and dis
posed of in the order in which they
stood on the court calendar-yes, we
see this same judge, as soon as said
counsel had passed out of sight. SKIP
ping the four cases which stood on the
for trial a head OF this case
(53) and quicker done than said a
jury is empaneled and the notes Of
'ered in evidence and the jury instruct.
I'd to return a verdict for the defend
ant IN error, whereupon said counsel I
ana the plaintff in error appeared
lpon the scene-within twenty min :
ties from the time said counsel first I
eft the court room as aforesaid. and {
before the jury had retired to the jury &
'oom-and they beg and plead at the I
par of justice fof the privilege OF &
rial by jury, and that the Jury be al I
owed to hear all the evidence, in ord !
sr that It might be a true and Just
ferdict render according 10 the law /
md the evidence, but to all OF sHch a
and supplications the said &
sole presiding Judge turned a deaf ear, /
md although such fervent entreatles &
md supplIcations were so earnest and
that bronze idol. so ex !
posed thereto, might have been ex- {
,ected TO yield. but the aforesaid !
udge was untouched and unmoved /
hereby, and said by his manner OF I
'eply thereto: Nay verify. thou shalt
rot be heard in thine own defense I
'efore this jury. have set my seal OF