The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-01-27

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present the facts TO you as they exist
Il am reminded of one OF the closing
statements of learned counsel, which is
as brazen as some of the testimony in
the case, and that is the statement of
my brother. Amidon, that the goddess
of liberty is placed upon the dome of this
great temple of justice 1t is rather the
deity of justice. and she being blindfolded
metes out justice with equal hand.
Gentlemen, God sent Moses down from
the mount to tell the people that if they
would obey his laws they would remain
his chosen people, and when the people
came the third day, there was heard
the voice of the Lord, proclaiming his
divine laws, the laws which are the foun-
dation upon which man has builded all
human laws, and among the command
rnents there stands out one prominently
/ in this case Thou shalt not kill This
| commandment is sacred to US as the voice
of Almighty God; it is. sacred to Us as
the law of our land; it is sacred to US
as good. law-abiding. conscientious citi-
zens of this great commonwealth of Kan
sas. The taking Of human life is the
| gravest crime known to the law. and the
punishment should fit that crime.
Law is the embodiment of wisdom. 1t
/ is the very bulwark OF our existence.
! There can be no substitute Law is the
! patrimony of the rich and the inheritance
I of the poor. 1t is the staff Of honesty
/ and the shield of innocence. A man that
will substitute viii for law is an enemy
| to the state, an enemy TO God Himself.
/ Laws are made for the protection of the
| innocent, as well as the punishment of
! the guilty. 1t seeks to deter from crime
by the example of punishment 1t pun
ishes those who have offended. that the
good citizen may enjoy his liberty. Every
UNFINISHED murderer takes some secur-
ity from every mans life. Every Grim
inal turned loose upon the community
endangers the life of that community in
some degree. Temporizing with crime
means more encroachment upon the law
abiding citizen. by the desperate and
criminal and those who should be kept
in restraint become holder and holder
and more dangerous to the community.
But the law is a just law; it seeks
not to punish the innocent, but to prose-
cute the guilty; and by that law gentle
men, you must justify or condemn the
accused. BY the light of the torch that
justice waves, you must decide this mans
fate without passion, without prejudice,
without hatred but calmly and dispas-
sionately, as honest and upright men.
THE law has placed a shield around
the accused. He is presumed to be inno-
cent until the contrary is shown. Ex-
tend to him, gentlemen. every law that
is upon the statute books If You, in
your hearts, believe beyond a reasonable
doubt that he is not guilty of the crime
charged, 1 will be the last person upon
earth to violate my oath to this court
and ask you to find him guilty.
My brother, Adams, said this Inez Mil
Ter deceived the county attorney when he
filed his information in this case. 1 want
to say this to you, gentlemen, that the
county attorney of this county has Shout
ders broad enough to take the RESPONSE
bnity of his actions in this case; he needs
no excuse or any apologies. The people
of this community who will sit supinely
by and let a crime go unpublished, de-
serve the condemnation of every law
abiding citizen. The responsibility was
upon myself; have used it without fear
or favor to any person, and l ask you,
gentlemen, to do your duty equally as
we'll without fear or favor. Your duty
as jurors, under your oath, should de-
eide this case according to the law and
the evidence. If you think this man is
innocent of this crime, the responsibility
is upon YOU turn him loose upon the COM
munity If, on the contrary, you believe
him guilty of this crime, your duty as
citizens of this county and this state
requires you TO so subscribe. l ask no
sympathy; I ask nothing more than the
true measure of justice in this case to-
ward the state and toward the defendant
Gentlemen. there has ben a tone OF
wailing going through this case, so that
one who has listened to the argument or
the gentlemen remain in doubt as to who
is the person upon trial in this case.
Whether it is the defendant. 1nez Miller.
FLYNN or the prosecution. | agree, gen
tlenaen. with the words OF the distin-
guished gentleman who has preceded me-
Judge Wall, Nowhere in the halls OF
Justice has there been such perjury as
in this case. [ will go further ana say,
no hall of justice has ever been so pol
luted with perjury; enough 10 make the
cast iron statue of the deity of justice
upon the dome of this building blush Tor
shame. | do not agree with the distin-
e1lished gentleman however, as you Will
remember in one of his closing sentences
YESTERDAY There has never been man
convicted of murder in house OF prosti-
tuition shame upon the law if that is
the condition; shame upon the person
that saws because a man has committed
murder in a house of prostitution the laws
cannot reach him. If that was the law,
II his statement was correct, the laws
upon this statute book are annulled when
YOU amply them to a house of prostitution.
With that statement, you say. we will
surround this place with = fence; the
laws are applicable 10 any other place
in Kansas but cannot apply TO house
of prostitution If a murder is committed |
in a church. YOU Will prove ii by the Wit
nesses of the environment OF The church;
if in a business house. by the environ
ment of the business house: but If in a
house Of prostitution. you have but the
inmates. the patrons and thugs of that
house Judge Wall said, we can't produce
any witnesses except OF that character;
neither can the state. The state has hon
estly. conscientiously laid before you the
testimony in this case. II is for you to /
judge pick 10 pieces. try TO reeclleet II /
according to Your sense of duty; but
think, gentlemen, If Judge Walls state /
ment is correct. YOU announce 10 the !
people OF this community that in Wichita. |
a city with morals as fair as any in Kan |
sas, you cannot punish man because !
the crime was committed in house OF !
prostitution Think OF ii,
''lnez Miller is on trial according 10 the !