The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1911-12-26
A FUNDAMENTAL
PRINCIPLE
BY EMERSON TRowBRIDCE
Copyright by American Press Asso-
citation. 1911.

mining town of Tenderfoot to take
measures for organizing a city gov
ernment. The citizens had got tired
of lawlessness and Judge Lynch. A
lawyer named Jenkins. from the east,
was the instigator of the movement
A case came up before the court the
very day after the organization. John
Decker had an alteration with Silas
Green about mining claim and shot
him dead. Decker was arrested and
tried. Jenkins had given the judge
few elementary law points for his
guidance "The fundamental princi-
ple," said the lawyer rs that an ac.
cused person Is to be 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
a hard time keeping his honor on the
judicial track. No sooner had Decker
been brought into the court than the
court itself seemed inclined to follow
the path to which he had been accus-
toned.
"You. John Decker, you's goin' to
have 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
purpose"
zone 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 IL
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
to explain the matter to the judge, but
didn't know how to get so technical u
point through his honor's thick skull.
So he simply said:
mo. you can't. I. 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."
"Waal, you go right on and do the
provln'. 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 1t was case of
circumstantlal evidence and he must
convince the jury by certain matters
closely connected with the affair that
Decker killed Green, II he could not
do this Decker must go free. The judge
told the attorney to fire away" Jen-
kins produced the ball that did the
murder. showed that 1t was of the
same caliber as Deckers revolver
proved that but one shot was fred by
Decker and there was but one cham
ber 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
copied letters In law office. had been
appointed attorney for the defense
He proved that the revolver on which
Jenkins had framed his theory of the
prisoners guilt was not the one used
In the fray. This took the prosecutor
dat-a-back, and he didn't know what
to say
whats the next thing to %" asked
the Judge.
"Why, the next thing is for you to
charge the jury, You must tell them
that IL they think that according to
the evidence. mind you, Decker killed
Green they must bring in verdict Of
guilty: II not they are to acquit him"
What does the jury think about it?'
asked the judge. According to the
evidence. did John Decker kill 81
Green or not?"
"Accordin' to the evidence" said the
foreman, John Decker didn't kill no.
body"
The trial had come to standstill
Everybody looked at jenkins, who had
inaugurated the new order of judicial
proceeding. and Jenkins looked EN-
barrassed The judge came to his re-
lief.
This yere trial." no said. has been
on the theory that the prisoner Is In,
nocent till he has been proved guilty
Is there any other way o. doin' it?'
"ln some countries" stammered the
lawyer. they reverse the process. The
accused Is regarded guilty till he has
proved himself innocent"
"All right" replied his honor Nov
Wen try John Decker on that air the.
ory. You. John Decker. how y goin'
TO prove y didn't kill 81 Green?"
~ hain't a-goin to prove no sich
thing" replied the prisoner. II done
1t, and II 81 Green was llvin' and tried
10 bent me some more I'd do 1t ag'in."
The eyes OF the judge and the spec.
'tators were turned once more upon
Jenkins In inquiry rs the next step.
THE prisoner confesses his gull.
and declines to put in defense.
which is equivalent to putting in a
plea of guilty. This saves the town