Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1918-07-17


Of you whose feelings run high against Leslie No
hles. and who might not ~ oyer-scrupulous about
the abstract right OF the proposition, do not de-
oeiye yourselves by thinking that a denial OF the
motion for trial would have promoted the
speedy administration of law in the case because
just exactly the reverse is true. Motives founded
on feeling for or against defendant should never
'be considered In passing on motion Tor new trai'
for that would be destructive OF true justice but
those OF you who persist in entertaining such mo-
tives ought at least be daunted by the practical
consequences of your short-sghted desires
one OF the most amazing things about this whole
business is the apparent opinion with some other
wise sensible people that the granting or denying
new trials Is wholly discretionary with the court
dictated hy the courts choice or personal desires
and dispensed as matter OF favor or disfavor
Nothing could be further from the truth as think
| have shown TO the satisfaction of every right
thinking citizen. We have government OF laws
not of men and the law is above every man and his
own private wishes or desires. The issue Is plain
and ask the good people OF this District TO be
guided by reason and not rancor In passing on the
matter.
BAIL.
After the trial at Amarillo the defendant was
granted bail In the sum OF seventy-tive hundred
dollars. and few remarks on that will close my
discussion The defendant was tried on an indict-
mont charging rape. The jury In their verdict
found him not guilty Of rape but guilty OF assault
with intent TO rape Rape is a capital felony that
is. one punishable by DEATH but assault with in
tent 10 rape is not capital felony. The verdict
oi not guilty OF rape has forever disposed OF the
charge of rape and Mobiles. consequence of
that verdict can never be- convicted of higher
grade OF crime than assault with intent TO rape.
This is true boy virtue OF Article 7S2 OF our Code
eft Criminal Procedure which provides as follows;
III defendant, prosecuted for an oitense which
includes within II lesser degrees, be- convicted OF
au offonso lower than that for which he Is ndlet-
3D. and a new trial be- granted him, or the judg-
mcut be arrested for any cause other thah the wan,
o. Jurisdiction, the verdict upon the irs' trial sal
zoe considered atquita OF the higher ouehH'' u"'
hr may upon a second trial be convicted OF u'
sam, olionse of which he was before convicted OF
,auy other inferior threto.' -,
Consequently, alter the verdict AT Amaruo ~
!rs was for the future only chargeahle WIN w
crime uf assault with intent to rape, "hlch ! h"'
SAID lis not "a capitol crime. Every person ch"it'l
with Grim, less than capital Is unpuaiiledN' ny
force of our Constitution, entitled TO hall H'V'
ton ll.uf the BIZ of Rights OF our 'uhA,''u"""
.providcs. AN prisoners shall be baiahle 10y SUI
Uci,nt surrtics unless for capital ofienscs Nhe'e
ibr proof is evident, but this provision Shal no.
be .o construed as TO prevent bail after Indictment
found upon examination OF the evidence III SUN
manner as may be- prescribed by law ana IA ooo'
ton o. of the Bin of Rights our CONSTITUTION S"'''
Excessive bail shall not be- required, nor eN''sS
ivo fines imposed, nor cruel or unuSual punishment
inflicted" ..,,,
since Leslie Mobiles stood chargcable only with
,.sauu with intent 10 rape alter the Nctul' I"
Nt
ot law Furthermore he was entitled To BAH at
r,., uabl, figure because the law torhlds excess
l,, bail Attorneys for state and defendant aeI''u
tnat seventy live hundred dollars was iar nsuI.
10Th 10 the prosecution and defense ana th' 'uu'.
t,urprrrd in their Judgment and granted nan ~
~ figurc The defendant was entitled 10 bail by
INV the bond demanded was more than the aver
aye IN amount and there Is no DOUBT III my u'"u
il ,s amply sufficient for the purpose OF o"hu'
namely 10 obtain an effective guaranty thai the
tttu Ia. .Urfh
when IL is reached Tor trial In Tact, the sull'o
icncy OF the bond has already boon demonstrated
because the defendant. Leslie Mobiles, H M 'laten
don Tcyus on trial. al this very time Thus ~!
oriti,s are coufutod hy the actual events TINS err
tumstanrc illustrates that 1T Is much easier TO b'
critical than 10 be- correct
CONCLIS SION.
apurolch the end of this article with the con
scioueuts. that / have placed the matter before
YOU in "a true simple. straightforward manner q.
an appot 10 true manhood and reason u is prop
- to say that the record ol AN the testimony ina
WAS taken ON tho motion for new trial ls quiz
lcurthy and have not attempted 90 include ina
entire record lu Those remarks bur nave selected
a.. important and controlling passages. but q"
those of you who wish 20 examine the matter iur
'hcr VIII say thar copy OF this record Del ON NJ
~ the office Of the District Clerk. subject TO in-
,pcctuu on request of any citizen. and Invite
yout examination OF 81 OF YOU care 10 pursue lh'
matter 90 that extent.
And now hcf1r. YOU pass Judgment on the OF
fetal acts of your public servant kindly impress ou
your mind the oath ] TOOK when became District
Vudgo bF your favor four years ago This oaib.
- Oar as material fu ihis inquiry waa a. follow
FL Hugh J. Umpire. do so'muly swear that ]
viii faithfully and impartially discharge and poT
form aIl the dutla. incumbent upon me as District
Judg" according Co. the best of m} skill and ability
irreeaby 10 The Constitution and Law, Of tho
tntod States and of this State. 800 help nae God .
% sou had The weight oi thar oblgatioa ou your
..oufo. scaled .. your solemn nsfh .uu mr r'
90 do right and nothing else, what would YOU have
uun,F
Respectfully.
LI-ILI ILAtLIIuL.