Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1911-12-10

ernment. The citizens had got tire,
# lawleSsnesS and Judge Lynch.
lawyer named Jenkins from the eaSt
WAS the inStigator of the movement.
\ case came up before the court the
very day after the organization John
Decker had an alteration with SiIaS
Green about mining claim and shot
tried. Jenkins had given the Judge q
few elementary law points for his
guidance. The fundamental princi
pie" said the lawyer. is that an ac
cused person is to he considered limo
cent till he is proved guilty" The
Judge did not even grasp this idea.
and when the trial commenced the
lawyer discovered that he would have
hard time keeping his honor on the
judicial track no sooner had Decker
been brought into the court than tn,
court itself seemed inclined to follow
the path to which he had been accuS
toned.
You. John Decker. yOu's goin to
have II legal trial. You's goin' to be
considered innocent o this shootin' till
you's been proved guilty. Now, the
fust thing | wants to know is whether
YOU shot 81 Green accidentally or a
purpose"
"One moment. your honor" the law
yer interrupted. The accused is not
bound to answer any question that
would incriminate him"
You mean said the judge, looking
at the speaker, surprised. that If
shoot any one that's interfering with
me wrongfully can't stand up like
man and say done it,"
The lawyer was puzzled. He wished
ia explain the matter to the judge. but
didn't know how to get so technical
point through his honor's thick skull
SO he simply said:
NO, you can't. !. as public prosecu-
tor, must prove that this prisoner is
guilty under the law. If | choose to
put him on the stand to speak in his
own defense may do so, but am not
compelled to do So"
WAL. you go right on and do the
provin' That's what you're here for"
1t so happened that there were no
witnesses of the actual shooting. Jen-
kins adhered to legal customs, explain
ing to the court that II was case OF
circumstantial evidence and he must
convince the jury by certain MATTERS
closely connected with the AFFAIR that
Decker killed Green. If he could not
do this Decker mast go free. The judge
told the attorney to fire away Jen-
kins produced the ball that did the
murder, showed that it was Of the
same caliber as Decker'S revolver,
proved that but one shot was fred by
Decker and there was but one cham
her of his weapon empty Immediately
after the shooting. This being all the
actual evidence he had to bring for
ward. he was obliged to be content
with it.
A young man named Stiggs. who had
cepied letters in law office. had been
appointed attorney for the defense.
He proved that the revolver on which
Jenkins had framed bis theory Of the
prisoners guilt was not the one used
in the fray This took the prosecutor
f1at-a back, and he didn't knew what
to say.
whats the next thing to doT" asked
the Judge.
why. the next thing Is for you to
charge the jury. You must tell them
that If they think that according to
the evidence, mind you, Decker killed
Green they must bring in verdict OF
guilty: if not they are 10 acquit him.
What does the jury think about itE'
asked the Judge. According TO thE
evidence. did John Decker XIII ~
Green or moi
"Accordin ia the evidence" said the
foreman. John Decker didn't Kill no
body
The trial had come to a standstiil.
Everybody looked NJ jenkins. who had
inaugurated the new order of JUDICIAL
proceeding. and Jenkins looked EN-
barrassed. The judge came to ms re-
lief.
This we're trial" he said. has been
on the Theory that rhe prtSouHf * IN
nocent till be has been proved guilty.
Is there anv other way o dom II!
ain some countries" stammered the
lawyer. they reverse the process. Inc
accused is regarded guilty till he has
proved himself innocent.
IAN right" replied his honor NOW
we'n try John Decker on thnt AR me
orv You John Decker how goln
10 prove v didn't XII 81 Green"
81 hain't a.goiR' ~ prove no 81
thin~." replied the prisoAc", y n"Ar
II. and IL 81 Green was Twin and REQ
"a hr,, me some more I'd do it ag'in
The ewes of the Judge and the spec
tators were turned once more upon
Jenkins in inquiry rs the next step
..The prisoner confesseS his guilt
and declines to put in a detenSe'
which Is equivalent to putting in
plea of guilty This saves the town
the EXPENSE Of trial, and in such
cases the guilty one usually expects
lighter sentence.
as there any lighter way o KILN
the prisoner than hangin" asked the
judge.
Jenkins smiled a sickly smile and
said he didn't know OF any unless
shooting might not be so objection
BILE.
Take him out and shoot him. were