Licking Valley courier. [volume] (West Liberty, Ky.) 19??-current, 1913-01-23
JUDGE BENTON'S COURAGE.

ISDSA DIANA NA' NNONAAOLt
In these days of lax enforce
ment of the law it is gratifying to
read of the courageous action of
Judge j. M. Benton, of the Clark
Circuit Court, in the trial of the
alleged assassins of Ed Callahan.
After two trials were had and
the jury in each case failing to
agree, Judge Benton refused to
let the other trials proceed until
an investigation of the charge
that the alibis of the defendants
were perjured 'frame-up" was
investigated. We quote, in part,
Judge Benton's announcement
from the bench:
1.-Two cases have been tried here and
have heard the testimony three times, in
the motion for bail, the trial OF D. +. Dea-
ton and the present trial. The expense 10
the State has been enormous, something
like $4,000 so far, and it would be useless
expenditure to take up another one Of these
trials under the present situation.
81 am not prepared to say whether my
self could have reached verdict in this
case or not as the evidence on both sides
was presented.
"There have been charges and counter
charges of perjury in this case. don't
know whether they are true or not, but il
you should come to the conclusion that
the testimony was perjured. you can not
infict punishment the law fixes for perjury,
and il would be useless expenditure oil
money 10 try another Of these cases until
that question is first determined as to
: whether or not perjury has been committed
"Ihc grand jury of Clark county will be
in session for three weeks, and will investi.
, gate any such charges brought before it
| believe that il perjury has been commit.
, ed, as charged, proper and dilligent effort
, by persons interested on either side will en-.
able the grand jury to get at the facts anc
return such indictments as are justified.
This does not mean that the grand jury
: doors are TO be thrown open 10 all corners
! but the parties who feel that they have ev'
/. idence Of reputable witnesses that woulc
, warrant an indictment must submit tLt
same TO the Commonwealth Attorney
and the County Attorney Of this county
II such indictments are returned, they viii
be tried in this county by a Clark count,
Jury | will try these cases first, before an,
Of the pending murder cases are taken up
i This is an unusual procedure, but it is al
l unusual situation,
1T has been suggested that an organized
9 body is in existence in the tow Of Jackson
the purpose OF which is to established abb
for persons who are charged with crime
whose members answer the beck and cal
5 Of any member who may be in trouble.
t do not know whether such an organization
Z exists or not, but il it does exist the GOO
people Of Jackson and Dreathitt count,
have an opportunity TO have the matter in
= vestigated by the grand jury OF this count
e at the present term. have discussed thes
/ cases withc the Commonwealth Altorne
s and he approves Of my course in continu
ing the murder cases for the above reasons
"lnere is another matter about which
have not con ulted the Commonwealth
Attorney or anyone else. The course at
going to pursue may be considered harsl
but the situation demands harsh treatmen
The two trials here have largely turned VI
0 on the question as to whether or not Doc
/ Smith and Andrew Johnson were in acl
a son on the day I'D Callahan was lillet
e Many witnesses were introduced TO prov
that they were in Jackson on that day an
: could not have done tn: shooting, It d.
5 veloped that nearly all OF the witness,
d first told Govan Smith, one Of the defenC
|. ants, and later Nc. A. II. Patton. do nc
think full and free investigation can
made with Govan Smith at large, and
. therefore, hereby, set aside the order gram
T. ing him bail and remand him TO Jail with
1t out bail.
III such an organization as this exists
is,much more important TO tie people
llr, athitt county 10 break it up than to col
yict any one, two or three men for the xii
ing OF I'D Callahan.
- III Andrew Johnson and Dock Smit
" were in Jackson on May 4, 1914, the Con
9 monwealh is on the wrong trail and no il
dictments should have been returned.
y they were not in Jackson, and some twel,
or fifteen witnesses have sworn to what
IS not true, then while some may have bee
f honestly mistaken, the Others would
periurers
= III Dock Smith and Andrew Johnson al
:. guilty Of the murder OF I'D Callahan-an
do not mean to pass upon the question
e their guilt or innocence there is testimon