Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-05-29


dress assuming all the time the guilt
OF the defendant The court said some
things which ought to be more gener-
ally know, as for instance:
TT Is impossible to lay down any
hard and fast rule in matters Of this
kind, SO much depends upon the char
acter of the case, the nature of the re-
marks complained of, the disclosures
made by the evidence, and the argu-
ment of counsel which preceded the
argument complained of. We recognize
the fact that it is difficult for counsel
often, even in fair and honest dis
charge of his duty. to so moderate his
speech as not to, at least, in some de-
gree. appeal to the sympathy, preju-
dice or even passion Of the jury, and
we do not want to be understood as
even suggesting any fixed rule Of limf-
tation upon his rights in addressing the
jury. Each case must be determined
on it's own facts, and in the light Of the
circumstances that attended the de-
livery of his address. One elected to
the office Of county attorney, to rep
resent the people in the prosecution of
criminals, occupies close relationship
to the administration OF the law and
to the court, and should have no am
bition beyond that laudable one to see
that no guilty party escapes But it
is not for him to assume, as pr/secut-
or. the guilt Of the defendant at any
time of the proceedings. The defend
ant is presumed to be innocent until
by the evidence he Is shown to be
guilty. The jury are empaneled and
sworn to determine this question. Their
judgment should be unbiased, unpreju-
diced, unin1uenced by any considera
ton other than the evidence submitted
to them, and the law given to them
by the court Appeals to the passion,
prejudice, or to the jury Ito stand up
like men and show their dfsapprovaf
of the crime charged by convicting the
defendant" is unauthorized and I'M
justified. Jurors are but human and
respond humanity to these appeals.
| Called into the arena by counsel to
condemn crime abstractly, and to show
their manhood of lack of manhood in
this manner. they are led into the trap
that requires them to condemn the de-
PENDANT to vindicate themselves. This
is not the spirit of our law This is
not the purpose for which arguments
to the jury are permitted. This is sub
versive Of a fair administration Of
public justice. 1t is against the law
and good morals
They are telling an interesting story
Of events at the meeting Of the associ-
alton Of manufac turers at Grinnell the
! other day The association accepted
an invitation to attend chapel meeting
at the college at a. m, when one of
! the professors would discuss some
question Of interest Now the associs-
| ton had been considering legislation
affecting employers and there had been
worked up feeling that the time was
about ripe for them to go into politics
heavy. There had Geen a lot of advice
| about the necessity Of business men
getting into the legislature to push out
| ''the politicians" etc. But the profess
sor who was to speak that morning
didn't know Of this movement, and he
hadn't picked his topic especially to fit
the occasion; so he gave a short and
sharp discourse. from the standpoint Of
an economist, In which he took as a
| text saying about business men max
ing very poor legislators as compared
| with the students Of political affairs. In
short, he argued with wonderful force
against the very thing some members
had been urging The most Of the re-
mainder Of the day the association was
in executive session." and what was
/ said and done behind closed doors is
known only to those who do not care
to repeat.
The legislature virtually recommend
ed to the state executive council that
the rooms now occupied by the state
horticultural society or its secretary, be
made use Of In some other way. The
custodian Of the building has long used
one small room OF the main hail. and
more recently part Of the railroad
commission force has been using desk
room there. But the idea Is to have
the room completely taken over to be
used by some department Of the state.
II IL not generally known, but 1t is true,
that the rooms were consigned to the
horticultural society before the capitol
was finished. The rooms occupied by
the state board Of agriculture were as
signed to. that department and were
finished and decorated with that
thought. So, also the rooms FOR the
horticulturists were decorated for them
and intended to be for their permanent
use. More that that, the wood with
which these rooms were finished wal
the gift OF the horticultural society
The wood II native Iowa catalpa, which
had even at that time been grown large
} enough to furnish the heavy timbe,
needed for interior finish Of a large
room. SO to the horticulturists there
. is something Of sentiment attaching &c
these rooms and they will be given VI
with much reluctance.