The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-06-06
Eafneus Case
Cones toE End


Confined from Page onel
the State by the prosecuGns actoT-
.ney asked that theparties be tried at
this term OF the court There being
nothing else IN The case at that tina,
this court would certainly not have
been justified IN disregardins the find.
inss OF two grand turies; and the opin.
ions OF the men on two petit juries,
who believed Mrs. Wright guilty OF
the onense charged against her. !
had presided at both trials. heard all
the evidence, and OF co could not
help having formed an opinion as 20
her guilt It was not proper. then,
nor it IS proper now. for ne to stale
what that opinion is. In fact. it Is
wholly immaterial what my opinion
is, except so far as 1t might tend 10
influence jury For this reason. the
trial judge must not even lntinlate an
opinion, as to the facts The judge.
however, IS not required 10 pretend.
falsely, that he has 70 opinion after
he mas heard u case ct t:.-s kind. hit
70 one has any right 70 kanv wat
that opinion is Then. as dill not
have TO pass upon the Facts, in tie
first instance. and VIII not pass On
them at all unless there should be
verdict Of guilty, NY duty as Trial
Judge, would be che sane IN re-,ar. to
dismissinS the case,-wietae- ] be-
Heved the defendants guilty or not
guilty. In either event it would be
the duty of the court to suSrri. the
case to jury unless there was so,ne
missing it
Since the last triai and after tie
court had announced tiia; the defend
ants might nave tril. at this term
OF court. some things ha"e occurred
the propriety Of which do not now
care to discuss, which the prosecuting
attorney believes MAKE It improper 10
try the case may say in this con-
nection that the embarrassment sur
rounding these cases. have arisen
largely by interference outside Of the
court. The only proper place to Try
lawsuits Is in the Courthouse. These
cases afford 4 striking illustration OF
the disastrous effects which may re-
suit by people interfering with the
business of the courts. HIS is also OF
opinion that continuance of the cases
would not put them in any better
shape. The court always gives great
weight to the opinions of prosecute
ing attorney in such matters From
what know Of tn. things ID which
he refers. I concur in his view. viii
enter an order dismissinS these cases
1. do this after very mature delibera-
ton, yet not without hesitarion- an
unwilling that these defendants
shall be put upon trial. r there BE
any reasonable doubt as to thei- lav-
ing trial which would be satisfac-
tory to the public. If these parties
are guilty. they should be tried. con-
ricted and punished. but if not guilty.
it is the duty Of the court to see that
they are promptly acquitted The
highest duty Of any judge who pre-
sides at the trial Of persons charged
with crime. is to see, SO far as he can
that no innocent man, is convicted
II is also his duty TO protect the law
abiding people against the misconduct
of the lawIess. I desire here to give
emphasis TO what have often said
can do so. The integrity OF t:ae law: that
I will, to the utmost or liz: power con-
ferred upon me by law-protect the pub
lie in their lives. property, reputation
and liberty. If the theory Of the State
is correct in The case at bar, most
infamous offense has heen committed
in our county I want &c Si-e the peo-
pie Of the community in wh'ca tc.S
alleged crime has been committed ioit
opportunity TO discover the criminal
II there be one My only hesitation IN
now dismiSsinS the cases, is to satisfy
myself that have done my whole
duty and afforded this opportunity
This embarrassment is relieved 10
some extent by the fact that If make
a mistake now it is not lrrevocahlc.
These parties may be again indicted
and put upon their trial, should cir
cumstances and after discovered eT4-
deuce make it proper to do so. And
now let me say 10 the defendants
you have been charged with. and ono
of you twice tried for the highest
crime known TO the law. If you are