The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-02-22

have had. some experience with
and observation of courts martial un-
der the rigid military code, and have
also had some experience In the GRIM
inal. as well as the civil courts: but
can truly say that neither In peace
nor In war have i over heard or known
of any proceeding that was so bereft
OF every element OF fairness.
Deserters, and even spies. are per-
mittcd to have counsel, especially
when the. army which has caught
( them is not in the immediate pres
ence of the enemy.
I,knew of a spy who was tried In the
city OF Lynchburg and condemned to
execution. he was defended by the
Hon. James Garland an eminent law
yer at our bar. in the very month be-
fore General Lees surrender.
You in affliction and distress with
death in your family and your wife
Frustrated were denied the right to
have your friend go In your stead be-
fore the faculty in his behalf. This
was against the common law and
against common and natural right.
e As a senator have often interviewed
before the highest officials of the
United States government and helped
to obtain reconsiderations. and are-ex-
:. .an,inatioSisH for cadets at the Naval
Academy and at West Point. and have
rejoced to serve them. Quite a
number OF them are now in useful
careers whom L had the happiness to
serve TO that end. There is not the
slightest reason why 1 should not do
the same In the State of my birth,
when either friendship or, any other
worthy matters moves me. No INTEL
ligent man can be Indifferent to Just
public sentiment but I do not concern
myself as to what the hypercritical or
the interested may say upon the sub
ject. I am the sole judge OF my con-
duct. I am the sole judge OF my con-
duct as a gentleman, and have no oc-
caslon to consult the authors or
author of the faculty pamphlet with
respect to the proprieties.
Up to date your son has had no
fair trial and no fair hearing, but
you are not renedyless. The Cen
eral Assembly has control. 1t can
assert its authority. can remove the
illegal sentence. and can give fair
play. You may have other remedies
q In the courts of law. N your appeal
to the General Assembly should pos
sibIy fail. This 1 do not believe can
be the case. Still. If 1t were, courts
and; juries yet remain, and in this
Virginia land no man is above. the
law or beyond It's reach.
The record meantime Is In your
possession by a copy. It shows by
what Illegal "star chamber methods.
and by what plain, illegal rulings
your son and Salley and Fubank were
convicted. The faculty pamphlet
also remains with its seIf-convicting
statements. inaccuracies and contra
dictions. Whoever reads them will
conclude that there is not a criminal
in the penitentIary to-day who did
not have a fairer trial than your son
and his associates, ana also that
there is not. a citizen, outside, Of the
pententiary who would be epntent
to have his character, his civil right,
or his property put in peril by any
similar procedure.
No Action Yet.
Considerable interest Is being mani
tested In both branches of the Genera
Assembly in the ". F. I.@affnir. o
course. no action has been taken In TIL,
matter yet. The bills have. been referred
to committees, which will probably con
duct hearing. ~ IL sf'si