The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-07-13
RECALL OF JUDGES
Capt. Waters of Topeka Makes
Eloquent Plea.
1t Would Make Fine FOunda-
ton for New Greed.
GOT "JACKRABBIT JUSTICE"
Did the Captain, in Trial of
Pearce Murder Case.
Waters Supreme Court Brief
Gem of Sarcasm.

Captain Joseph G. Waters has be-
come a friend and advocate of the
movement for the recall of judges and
has called on the supreme court to
witness that the new plan should be
tried on Judge Thompson of Garden
City, who tried the recent George l..
Pearce murder case. In an applica-
ton for a rehearing of the case, the
Topeka lawyer wakes eloquent in his
arraignment Of the froth and frenzy
and craze of the reforms that have
upset the country and which he de-
clares caused the conviction of his
client.
As a masterpiece of lambast for the
new reforms, the Waters motion prob
ably has no equal in the supreme court
record and is already beginning to at
tract considerable attention. Waters
wrath is heaped on Judge Thompson
and the allegation that the court all
lowed prejudiced and incompetent
jurors to sit in the trial of the case.
for justice; following a statement that
a man who visited the house OF sor-
row was permitted to sit as a juror:
Waters Savage Sarcasm.
"a neighbor was killed and with
the house full of grief stricken folks
he hears the widow tell between Sous
the story of his death. Every emotlcn,
every sympathy, every solace is tor
her, and the court below said he was
a competent juror, which he was not
This court has declared that TINS VIII
ness as cat-hauled by the judge below,
worse, that if he. this incomparapIe
jurist. had decided them competent,
that the strong arm OF TINS Pulsil {
court is paralyZed to remedy inc
wrong. The decision in this case mas
no criticism of the judge below lor
this reprehensible distortion of honor
able duty to butcher a Pearce TO give
this astute jurist holiday. We think
tbe conduct of the judge below was
an outrageous travesty on justice that
mocks the mob. The writer mas seen
members of this court on the Wool
sack of the district court, where theg
recognized the direct responsibility OF
the trial. They never admin1stered
the law in this manner; they woulo
have forfeited their own self-respet
have forfeited their own self-respect
of trial.
Rribed Jury With Lemonade.
s.rrbis is the only trial I was ever in
where saw the grown son of a muir
dered man ladle out to the jury
bucket of lemonade. where me man WIS
on trial for killing his father. inns WtIs
the onlv case where we had TO VAIN
the Judge and keep our eyes on MN
throughout the trial. We telleNe IN Nie
re call of Judges, and We fun Their believe
that so long as they are part OF
American institutions, there is no d.
vinitv that hedges them about, that
rreIents open and manly criticism, face
| 70 4ace We had trouble from the start
| in this case: we were threatened with a
change of venue to another county; we
were threatened with venfre from an
ether county, and every move OF me
| Judge was spectacular, with the Interior
| in mind. that he was to be the snort
grass Democratic candidate for the
! United States senate. This. court is
| helpless.
| Fourteen jurors were held to be
c.,r,petent Jurors by the judge who
tried this case. He had one Of the de-
clsions of this court in his hand, and
| he scanned the pages as he asked the
question of the juror, and then II
would stand mechanically and per-
functoriIy, in compliance with the rul-
| ing of this court he moved the previous
| question. shut off debate and announc-
| ell the Juror competent. We had round
/ ON round with him and he acted rs
| chief pugilist and referee all through
/ this trial He had us. He had Pearce
Each one of the jurors he treated the
same way. 1t appears from these rec
ords that the fourteen men were not
| idiots, incompetents or ignorant.
Did Not Hesitate to Score Judge.
| s.rThe Judge knew that this juror has
an opinion and perjured himself whcd
| he said or attempted to say, as the
! Judge corkscrewed the answer from hts
throat, that he did not have an opinion
| We think that twelve men of like opin-
| ion. trying this man Pearce, before this
| he should have, and which sat on his
|