The Lakeland evening telegram. (Lakeland, Fla.) 1911-1922, 1913-08-27
THE FINE EXAMPLE
OF JUDuE SHEPPARD

That was a remarkable and in
structive scene in the federal court
up in Montgomery, Ala, the other
day when a defendant on trial for
peonage became so disguised at the
failure of the jury to render YER
dict 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
a mistrial after two days of DELHI
Grafton over few plain facts which
clearly proved the guilt Of the de-
PENDANT that he came very nearly
telling the prejudiced blockheads
who prevented a verdict just what
he thought about them. He said:
This is a travesty on justice. |
do not see how any intelligent men,
hearing the evidence as it was pre-
sented, could agree to such YER
dict While we hear much of the
corrupt judiciary on every hand"
he said, do you not think it be-
hooves every juryman to consider
any case brought before him in an
impartial light and to render his
verdict to the best of his ability,
exercising the functions God gave
him to their fullest power. ! know
that had given you my opinion of
the case it would have had little
weight with you. l 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 preju-
dices and petty personal influences
and in being so governed they had
ignored their solemn oaths as jur-
ors and their plain duty to society to
convict the guilty, no matter who,
nor what the offense. Judge Shep-
pard deserves to be warmly COM
mended by the press and people ev-
erywhere 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 between 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 fruit
full causes of the notorious and dis
astrious weakness of the admins
tration of the law in this country.
Judge Sheppard mas set up another
standard, and no juries except those
Of the bonehead variety and win
consciences hopelessly atrophicd
could fail to feel the sting of such
a rebuke as he administered, and
would recover to some extent a.
least their lost sense of duty to JUS
tice, to their own oaths and to Or
ganized society.
Following the example of Judge
Sheppard our judges, both federal
and State, might, without going
outside their prescribed judicial
limits, stimulate the juries, quicken
their consciences, shame their un-
worthy prejudices and appeal to
their enlightened self-interest as
members Of society which the juries
are largely relied on to protect. And
BY 30 doing they would come very
much nearer to realizing the true
judicial ideal than by remaining sill
emit 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 20
receive.