Rock Island Argus., 1905-03-06

c. F. Gaetjer.
days and days of time to hear evil
dence upon matters incidental TO and
not directly pertinent and material to
| the real questions in the case. So that
we would consume a week more or ten
! days or possibly two weeks. as l have
| been informed by counsel and from
| the best information | could get from
counsel to put in the defense and close
the case. And for that reason l had
| discharged the jury that was to appear
here today until l should notify them
hereafter to come because l didn't
want so many jurors here on expense
Justice 10 State's Attorney.
Nov l have allowed the case to go
on TO this extent in justice. for one
reason. to the states attorney, in this
case. The states attorney has moth
ing to do with the finding of an indict-
ment; not the least in the world. Not
any more than | have or you II is
his duty 10 prepare indictments when
instructed by the grand jury. but he
has not word TO say about the find
ing of them. If | had directed him
upon the statement made by him as to
what his proof was to nolle pros this
Indictment before the jury heard any
of the evidence. many people, perhaps.
would think that it was an extraOrdi-
nary thing for a states attorney to
do that in an Indictment for murder;
as it would be somewhat extraordin-
airy. and l could NOT dismiss it myself
y !, l.,
ted it TO go on, knowing beforehand
from the states attorney something of
the character of this evidence and all
that he could prove. l have allowed
il to proceed this far. thinking that
perhaps something would develop that
he didn't know of at that time But
mainly for the purpose of presenting
to the people of this county all the
evidence that was pertinent in reality
to the question contained in the indict-
ment. And when l say this l do not
Intend to criticize the grand jury for
finding this Indictment
Jurors, Not Lawyers.
They are not lawyers. They
doubtless were common, plain, sensi-
bic intelligent men. not familiar with
the rules of law and thought there
was probable cause for holding the de-
fendant for trial. And this is as far
as the grand jury investigation goes
They do not find further than there is
probable cause for presenting an in
! dictment. They are not like you. re
quired 10 find the guilt of the defend
ant beyond a reasonable doubt l do
not undertake TO criticize the grand
| jury. The grand juries who have been
| serving in this county since l have
presided on this bench have been men
! Of high character and ability. faithful
4 10 the people and to those whom they
have presented. So that l don't say
anything in criticism of the action of
/ the grand jury for the result in this
| case. But I do it on my own respon-
| sibiiity. l can afford to take the rTe.
sponsbility, but l canno; afford 10 put
! il on the states attorney. I do it be
cause it is just 10 the people and JUS
! tice to the defendant, and because
! the people have put me here for the
purpose of determining such ques-
| tons
Duty tO thc People.
I
some person might think of signif-
cance in the case. it is TO my mind of
no significance whatever upon the
question of the guilt of this defendant
And so l would be guilty of a wrong
/ upon the people and l would be guilty
of a wrong TO this jury. And having
these things in mind / don't hesitate
for a moment to instruct the jury TO
find the defendant not guilty. as I do. -
strong Witness for Defense.
4 The disposition by the court this
morning OF the Johnston suit. instruct
\ ing the jury to find Mrs. Johnston
not guilty. rendered it unnecessary for
the defense to introduce any evidence.
One witness for the defense was Rev.
T d. Robertson. forme fly pastor of
Il the Presbyterian church at Milan.
Mr. Robertson was speaker ar a pic
mic at Sherrard last fall on Labor day.
forr days before Mr. Johnston died.
While he was there he met Mr.. John
ston and Mr. Robertson discovered
that he was not in a very cheerful
mood, but apparently cast down. He