Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-06-26

sivefy shown by the fact that he set
the case to be tried the following Mon
day, only three or four days after the
interview referred to. If he consid-
cred that an agreement for continu-
ance had been made, it will be difficult
for him to explain how he came to
violate the agreement himself by set
ting the case down for trial. 1t is plain
| to the commonest intelligence that at
| that time he did not so regard it, and
| that We on our part did not SO under
stand it is conclusively shown by our
appearing with the prisoner in the
court on the day set for trial.
Judge Gest Quoted.
| A weeks pOstponement was then
necessitated by the serious illness of
| the states attorneys father In a pri-
vate interview with Judge Gest con-
corning the outlook and the prospect
| for trial, and in view of the fact that
we had neglected our private concerns,
which then badly needed our attention,
| to be ready to try this case, he thought
| it was due us that our convenience
should be considered in the future set
| ting of the trial and that we should
have opportunity for a few days to
| look after our private business. 1t was
with the purpose of communicating
| this to the states attorney that one of
| us a few days afterwards and on the
| day succeeding his fathers funeral,
called at the states attorneys Office,
and finding him not yet returned to his
duties and out of sympathy with him
| in his bereavement, left word that he
need not feel that he must at once re-
turn to the office on account of the
| murder trial, in view of the arrange
ment above made with Judge Gest. AT
this time it had not even occurred to
us that there was a liability of the
term expiring without a trial and we
had not discussed the point with each
other, which was afterwards raised, re-
lating to the prisoners right to a
speedy trial. Except for the few days
granted us, we were to the end of the
term ready for trial and were present
in court with the prisoner every time
the case was called for trial.
Statement in Court.
But, If the states attorney could pos
sibly have been deceived or misled,
anything that had occurred, he was
wholly undeceived on Dec. s, when for
the last time during the term the case
was called up, and Mr. Weld. in open
court and in the presence of witnesses,
in response to the suggestion that we
would agree to a continuance, stated
that We did not agree to a cOntinu
ance nor agree to anything. There
was then ample time for the states at
torney to try the case, as the term did
not close until Dec. 80. and if a trial
was not desired by him he could have
made a motion for continuance,
which undoubtedly would have been
granted. In failing to do either, he
made himself entirely responsible for
the situation upon which was ground
ed the motion made on the first day of
the January term to discharge She
prisoner. and which was granted.
We shall refer only briefly to Mr..
SCOTS accusation of unprofessional
conduct on our part. Had the charge
been made generally, we should have
Indignantly resented it and held him
to account. AS he has made the charge
specific, however, he has simply put
himself on record as holding that in
his opinion an attorney who has as
serted his clients right to a speedy
trial upon criminal charges for which
he is confined in Jail, is taking advan-
tage of "technicality" and that such |
conduct is unprofessional If Mr.. Scott |
will read the constitution of the state |!
of Illinois and the criminal code, he
will learn what are the constitutionally |
guaranteed rights of persons charged |
with crime and committed to JAIL and
will then disabuse his mind once and |
forever of the notion that an assertion
by an attorney in his clients behalf of
the right TO speedy trial. or any 9TH
er right preserved to him by the con-
and laws of the state is an
use of "technicality,"
it will perhaps tend to an increased
efficiency on his part in the future dis
charge of his duties as a public prose-
cutor.
Deal With spite Charge.
The discreditable insinuation of the
states attorney that we have been in
fluenced in our course by petty motives
and personal spite or by desire to gain
hardly know how to deal with. What
ever may be its meaning, it is FORUM
ately in our power to dispose of it COM
pletely and perhaps to make the states
attorney feel not a little ashamed of
himself for having INDUCED in SO I'M
worthy and groundless an accusation.
Several weeks ago, anticipating from
he action taken by the supreme court
IN a petition for writ of habeas cor
,us which we had filed in that court
hat the prisoner would be set at lib
,rty within a few days, there being at
hat time no other indictments pend
ng against him, we conceived that it
vas a fitting time to make public
statement of what had been done in
he case, through the columns of the
ccal press, and thus correct some mis-
which we Thought MIGHT | l.