Omaha daily bee., 1909-02-02
CONNELL WRITES TO SEARS
Another Shot in the Epistolary Due
Over Wetmore.
DUTY OF COURT AND COUNSEL
Conduct During the Tendency of the
Case Analysed by the Attorney
Who successfully Defended
the Accused.

OMAHA, Feb. Ito the Editor Of The
Bee: The letter of Judge Sears in his
attempted defense ofeEawyer Daniel, Canon
Bell and Dean Beecher, demonstrates what
1 knew at the outset. that in the trial
OF the Wetmore case / was up against a
pretty hard combination. II on that trial
In addressing Judge Sears, 1 had only en-
ployed the words once addressed TO the
fair Portia during her brief career as a
trial Judge and had exclaimed "A Daniel
come to judgment. Yea, a Daniel! o wise
judge, how ! do honor thee!'' and had
lauded the preachers to the skies in place
OF criticising their efforts to Guido Sher-
lock Holmes, l would have been a good
citizen and a worthy member of the
legal profession in place If a target for
abuse and denunciation.
But. what would have become Of my
client? He probably, by this time. regard
been on his way to Lincoln. l had a
duty to perform as well as the court and
that was to use all honorable means at
This 1 did and nothing more. My criticism
of witnesses was justified by the record
they made. My objections to the course
n W Vah6O SaA rAAoN Ja2AANN civ
liberty for their basis.
And, right here is to be found the irri-
tating sand-burr that caused Judge Sears
to come down from the judicial bench and
recklessly rush into public print as the
self constituted defender of his former
conferees. II was shown on the CROSS
examination of Canon Bell that secret
conferences with Judge Sears had been had,
a avNa1 70 NAntE VhA NpagaV.aanf
and convictment of Wetmore and that
Judge Sears who later on was to hold the
scales Of justice between the state and
the defendant had advised both Canon Bell
and Dean Beecher that the alleged con-
fession OF Wetmore in the Gardner Mem
orial Parish house was proper to be re-
vealed.
what of the Defendant.
Under these conditions what show had the
defendant for his liberty? Even the ques.
ton OF the admissibility of testimony had
been determined in advance of the trial and
the attorneys for the defendant were fore.
closed before their objections could be
made. Like the horse that was beaten In
the race before he started, they could not
possibly win. 1t certainly was bad enough
for the preachers to abandon their sacred
| NdllinB anu III Nhc ihlcicSb VI pieNchueu re-
form become sleuths in the Third ward. In
their case, however, the end might justify
the means. But who can justify the course
of a trial judge who becomes both accusel
and prosecutor and commits himself in ad
vance to the decision Of questions which
must ultimately arise upon the trial?
When this was shown by the cross-ex
animation of Canon Bell. Judge Sears un.
dertook TO justify his action by a statement
To this objected on the ground that tn,
defendant was not present at these confer
ences and that II the judge was to give hh
version OF the affair il should be by sworr
testimony upon the witness stand, with tn,
right on our part of cross-examination
The judge then announced he would max,
his statement in some other way at SOM
other time. This episode in the trial wa.
che Of the irritating ssndburs to disturbing
to judicial equsnimity.
Judge Sears in his letter says he add
his word to the interest of good citizenship
because the mouths OF the witnesses ar,
closed. Who closed them? Why are the!
closed? They certainly were not close,
when trying to swear Wetmore: into tn
penitentiary. The idea that Lawyer Dan
iel's mouth is closed, so that he canno
make defense for himself Why, evei
Dean BssehsT has his pulpit. and a. thos