The Cairo bulletin., 1909-12-09

repeatedly and vehemently, citing the
law and arguing the matter at some
length, but Judge Butter oyerru.el
him and permitted the attorneys for
the defense to disqualify a score or
more of business men and others OF
standing in the community. Not till
nearly all the jury had been chosen
and finally accepted, did Judge Butler
change his ruling, admitting that he
had been wrong and would not per.
NIT it any more.
In the Davidge case, one of the
| most infamous on record in the crimi-
| nal annals of this section. Judge Lat
Ter was also previously at fault, in
that he refused to aid the prosecuting
attorney in his effort TO prevent
known friends of the accused from he
coming jurymen to try the case
friends who had periured themselves
in order that they might act in that
capacity. Several days before the
trial was called one Of these men eX-
pressed himself very emphatically in
favor of the defendant, declaring that
in killing the mother who sought 10
rescue her daughter from the man
who had ruined her, Davidge had done
nothing more than any other young
man in Cairo would have done under
ike circumstances" This wOuld-he
Juror was moreover an associate Of
the accused. and as stated, a cio'o
friend. The citizen to whom he had
made the remark above quoted hap
pened to be in the court room da'
" two after the trial had begun and
was surprised to see this man in the
Jury box. II transpred that he had
1een accepted temporarily, and the
states attorney. knowing that the citi-
zen referred to knew him, asked
about him.
you don't want that man on this
Jury" was the citizens reply.
why not?" asked the states attor-
ney,
Il do not wish to get mixed up
with the case, III tell you after a
while"
Il must know now said the states
attorney, because | must decide in a
Few minutes whether or not | want
him at all have only two more
peremptory challenges left and | want
% save them if | can. may need
them, because they have been running
in lot of scalawags on me. as usual.
The citizen told the attorney the
story and Mr.. Wilson called the
would-be Juror again to the stand.
The man admitted having had the
conversation referred 10 but could
not remember that he had made any
such remark as attributed to him.
The attorney appealed to Judge
Butler stating the circumstances and
ysked that the man he disqualified I'm
Ter the law or that evidence he heard
as to his qualifications Il do not
want to be compelled to use on this
man one of the two peremptory chal
langes left, said he. There's wit
ness here now who will testify that
this man did express an opinion ii
this case.
Judge Buffers prompt decision was
that he could not interrupt the trial
for this purpose that if the man had
perjurel himself, that would be mat
ter for future proceedings Mr.. vii.
son was forced to use his meager|
power to rid himself of
this Objectionable candidate
Exactly the same circumstances
arose in the trial of the Coopers for
killing Senator Carmack, at Nashville
Tenn. When the prosecuting attorney
brought the matter to the attention OF
the court, the judge presiding at once
ordered the jurymen who had beer
accepted removed from the court
room: evidence was taken in the
case of the alleged periurer and he
was dismissed by the court, being or
dered to jaiI-the court exercised its
unreasonable power to purge the
jury" End set an example which other
candidates for service on the jury in
that case were bound to respect,
Judge Buffers decision in exactly
the same circumstances in the Day-
dge case was the reverse, tending to
cripple the prosecution, playing
strongly into the hands of the defense,
giving announcement to perjurers,
witness procurers and jury packers
generally-in short Judge Butler did
his part to bring about the out
rageous miscarriage Of Justice" in
shat case
Other instances might be cited
which viii sustain The Il letin's
charge that the Judge on oug circuit
Aench" has not been hlame}ass in
bringing about the conditio' in this
community, which gave us tie martyr
of Nov. and made it necessary for
the people to take the law into their
| own hands in ordCr that murdarors