The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-09-03
THE FINE EXAMPLE
OF JUDGE SHEPPARD
Lakeland Telegram
o . . . . . o . . . .

That was a remarkable and fnstruc-
tive scene in the federal court up IN
Montgomery, Ala, the other day when
a defendant on trial for peonage be-
came so disguised at the failure of the
Jury to render verdict in the face OF
plain evidence OF guilt that he plead
guilty and took his sentence OF three
months in Jail Judge Sheppard, OF
this state, was presiding at the trial
of the case, and he WAS so indignant
that the jury should have reported
mistrial after two days of elaboration
over a few plain facts which clearly
proved the guilt of the defendant that
he came very nearly telling the pretu
diced biockheads who prevented q ver-
dict just what he thought about them.
He said:
This is travesty on justice. I do
not see how any intelligent men, hear
ing the evidence as 1t was presented,
could agree to such a verdict. While
we hear much Of the corrupt judiciary
on every hand" he said, do You not
think 1t behooves every juryn1an to
consider any case brought before him
in an impartial light AMI to render his
verdict to the best Of his ability, exer-
cising the function God gave him to
their fullest power. I know that had
given you my opinion of the case 1t
would have had little weight with you.
will give it to you now. This man is
guilty Of peonage. Deep down in your
hearts you are certain OF this fact, but
you bring in a verdict to the effect
that you agree to discharge"
Judge Sheppard also intimated in
language too plain to be misunder-
stood that the members of the jury
had been governed by their prejudices
and petty personal influences and in
being so governed they had ignored
their solemn oaths as jurors and their
plain duty TO society to convict the
guilty, no matter who, nor what the
offense. Judge Sheppard deserves to
be warmly commended by the press
and people everywhere for the stand
he took in this matter, and it would
help along the cause of justice in all
our court houses if the spirit of his
example should infect every judge in
the land
The old notion that our judges are
merely umpires in a game Of wits be-
tween lawyers In which the demands
of justice are too often lost sight of
in the fine points of the game and the
ingenious work of the players, has
been one of the fruitful causes of the
notorious and disastrous weakness of
the administration of The law in this
country. Judge Sheppard has set up
another standard, and no juries except
those of the bonehead variety and
with consciences hopelessly atrophied
could fail to feel the sting of such a
rehuke as he administered, and would
recover to some extent at least their
lost sense of duty to justice, to their
own oaths and to organized society.
Following the example of Judge
Sheppard our judges. both federal and
etate, might. without going outside
their prescribed judicial limits, stinu-
late the Juries. quicken their con-
sciences. shame their unworthy preju-
dices and appeal to their enlightened
self-interest as members of society
which the turies are largely relied on
to protect. And by so doing they
would come very much nearer to real
ling the true judicial ideal than by
remaining silent from too technical
sense OF duty while their souls burned
with indignation at the shameless YER
diets distorted by prejudice and pas
sion they are so often compelled to re-
aeiye