Amador ledger. (Jackson, Amador County, Calif.) 1875-19??, 1909-12-24

of arson over a year ago for
setting fire to the Summit house on
Suffer hill The defendant is now and
ever since his conviction has been con-
fined in the county JAIL under a writ OF
probable cause awaiting the outcome of
his appeal, which is now up to the
third appellate court for final adjudi-
cation. The defendants counsel is J.
B. Greedy, Of San Francisco, who con
Quoted the defense at the trial, and who
we assume compiled the brief referred
to. We are safe in saying that rarely
has brief of such a charater found
its way to the records OF appellate court
in any state That it will astonish the
judicial tribunal before which it has
been presented for consideration is per-
haps a mild way of putting it, 1t is the
most terrible arraignment of the methods
adopted by the prosecution that has come
under our observation. So far as the
argument of the attorney is concerned,
it is couched in severe but respectful
language. Its most noticeable passages
are extrats from the records in the case
the transcript on appeal. 1t scores the
sheriff and district attorney numerci-
fully. The contention that is urged for
reversal of the judgment OF con-
viction is based on the alleged invasion
of the defendant rights in securing the
confession of the accused. II this
brief is correct statement OF the
facts, one can hardly cease from feel
ing that the accused was harshlv treated,
to say the least, and that too without
in any way eXtenuating crime. we
have heard a good deal about sweating
persons charged with crime. 1t is re-
prehensible practice under any circum-
stances, and beneath the dignity of the
state to resort to it. The brief in
question is a treatise on the sweatin
process. 1t will serve a good purpose
if it helps to secure the passage of law
making the sweating of alleged criminals
punishable by forfeiture of Office on the
part OF any official resorting thereto.
We give the following extract from
the closing argument in this remarkable
brief to show the tenor of the document
The defendant in this case was taken
into the office of the district attorney on
the night of February 9th, 1908, and in
the presence of six persons, all of then
being officers of the law except one, he
was accused of high crimes and misde
meanors, was mercilessly Intercepted BY
the district attorney, the sheriff and
others for period extending over nearly
five hours, that never, during that time
or at any time, WaS he informed of hi:
rights as to the making of a statement
or that what he might say would be uset
against him at his trial; that he wa!
told that he had got to tell all he knew
that they had absolute proof of his guilt
that they could convict him before
jury; that his brother had told the
whole story; that they could prove tina
by every man in the room; that if hi
brother went back on it he would 90 Il
the pentientiary for "A years; that the,
could prove defendant offered man S20t
> to burn that place; that they could prov,
il whether it was so or not; that he hat
shipped goods away from the county tina
did not belong to him, mot Coz
BIT of il. And by God it i!
selling goods that don't belong to you.
DO you suppose when | can prove tina
to you any jury in the world is going Il
let you go?" That if he did not tall
they were going to strike out in the
morning and round up the whole Coo
bunch; that he was not telling
the truth, ard that he would have to tel
the TRUTH that they used oaths t,
emphasize their arguments; that NAM
Of their statements we're false and TN
true, and that in addition to all this, il
order to wiring and eXtort a confession
from him, they lied to him upon at leas
twenty-five different occasions, as We
have heretofore pointed out telling hin
he had said this and that the night be
fore, they all the while knowing that he
had not said anything.
Miss Alice Gregg. vice principal o
the Spring Valley grammar school o
San Francisco, is spending the Christ
mas vacation with her relatives here
postmaster Frank Duden ahd wife. Mr.
DIden is a sister to Miss Gregg.
Don't forget the masquerade ball New
Years eve in Loves hall, under th'
auspices of Ursula parlOr of Native
Daughters. Everything promises granC