The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1909-01-20
MOTION FOR NEW
TRIAL OVERRULED
Anderson now Behind the
Bars.
TO FIGHT FOR HIS LIBERTY
Judge Birkhead Tells Why he,
Thinks Defendant Re-
ceiYed a Fair Trial.

ownsboro, KY, Jan. 15.-At 7:40
O'Clock thds afternoon, after delibera-
ting since 8 a. m, ttsi jury in the
Banker r. S. Anderson case, he being
charged with false sweRringl return
ed verdict of guilty and fixed his
sentence at three years in the pen
itentiaTy.
Mrs. Anderson faintkd, and one dau-
ghter swoohed and other members Of
the family were frantic one even, shook
her fist at The jurors and cried: "My
God, is there nothing that can be
done? He must net go TO prison"
Many women friends were present
and did whnt rtey could % qutf the
cries of the excited women of Amber
sons family.
Anderson spent the noon hour in this
custody OF Jailer Calhhlon. Motion for
new trial will be made, and if it
fails, the case will be appealed.
Later-ln everything motion for new
trial Judge Birkhead said among
many other things.
81 don't understand the stu
alton confronting this court. Three
able lawyers with zeal and earnest
ness have done al that was possible
for their client. Would that the
facts and circumstances of this case
had never existed, would that Ghey
could all be blOtted out. Every Cd
ficer OF this court approached this
trial, am sure, with a heavy heart
But we did not make these facts.
The law Is here. 1t is for the regu-
lation of society. Our civilization
has produced these officers. They
do not act individually. They act
for the community. They took oaJhs
TO do their duty. They are but in
strumen alities at the hands of the
people.
THE way l have been raised, the
way | have lived it is to me the
hardest thing imaginable TO see how
a man can look a defendant in tine
eye, and swear tn do him justice and
then go into the jury room and do
him deliberate wrong. So, believing
then as now baat there were as many
good honest men in Daviess as in
any nt, er ccuny in the state, !
ovelIuled the motion for a new trial.
"Out of The Gst of A brought in
to that jury box twelve were finally
accepted. / have no reason whatever
to believe that a single one of those
jurors mas a particle of conjunction
of conscience. SO, l am not yet
wiling gentlemen, with tie iHtelli-
gence, enlightenment, the gold preach
ers, the good teachers instructing the
youth and the good motlers, can
not believe he defendant could not
get a fair trial I'm this county"
Judge B.rkhead next dwell on mis-
freedom from all i'll feeling coward t!a
defendant on Eis own part saying that
when the effort was made 90 have hin
retire from the bench he renewed
himself to look for any point in his
conscience that might be averse To-
the interests Of the defendant. He
also said inc case had been started be-
fore him without complaint and the
Law forbade a change of judge after
wards. He said a new field had been
opened in regard TO the authority of
a notary but he settled that as re
does other questions of the kind as
he consciensiously believed TO be righG.
He added in this connection.
What would an honest man care
who swore him to his banks statemen
if he knew il was correct? If he for-'
got those figures ON March 81 he
forgot them in December before and
other previous dates and THE eharac-
ter of the man before whom he swore
did NIT affect his memory. They claim
that a notary cannot swear a man
10 a bank statement. Whether the
court of appeals will hold that is good
law cannot say but l do say this
case will never be sedtled satisfactorl-
ly until the highest court of the state
passes on it.
Honesty Is one of the greatest
virtues that goes in making up good