The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-05-10
ca OF Former Secretary OF War;

wv
the whole theory of our law is that
\ the presumption of innocence follows
J the accused until he Is proven guilty
| Your honor never charged a jury in
| your life without telling them that
| under the law and the institutions OF
this country that the defendant is al
| ways presumed to be guiltless until
the contrary is proven. Every man
is INDUCED that presumption of in
| nocence until he is proven guilty
The fact that man has been in
| dicted creates no presumption OF
| guilt and to say that he has been
indicted imputes no guilt against him
| The court: You wouldn't be al
lowed to introduce that against him
Mr.. Baker: Not because Of its pre-
| judicial effect, but because of its ir-
| relevancy. You wouldn't be able to
| introduce the fact that he had three
wives in succession.
The court: For both reasons it
wouldn't be allowed.
Mr.. Baker: If the latter is any
part of the reaOon why it shouldn't
come to the jury, 1t is the wrong
reason. II the law is so, it ougn,
not to be so. because l think it is
wrong.
The court: We have to follow tn.
law.
Entitled to PresumptiOns.
Mr. Baker: You follow the law,
but when a man comes to trial for
his life or liberty he is entitled to
all the presumptions in his favor
that come from a good reputation
There is nothing so valuable in this
world as good reputation. The
more use we make of good repu-
tatlon' the more we discourage peo-
pie in acquiring bad regulations. So
the only reason for the exclusion of
would be that it would be preju-
dicial and irrelevant, and ought to
be excluded. l am only making mem
ton of that in connection with the
defendant.
Now, what does the court say in
the reasoning upon which its dec-
sion rests? One OF the defenses al
legged on behalf of the persons ac-
cused of contempt was this: De-
PENDANT denies that said article was
calculated to influence. intimidate,
impede or embarrass the court and
jury in the trial and determination
of the cause then being tried. for
that it contained no threat agains;
either the court or jury; it contained
no charge of corruption, dishonesty,
or incompetency against either the
court or jury; it contained nothing
that would make the duty of the
court and jury more difficult of per-
Torrance. or impede the due admin
istration of Justice, or embarrass the
court and jury in the trial of said
action then pending, or that could
have tendency to do So" That Is the
defense.
Inference of Innocence.
Now, the court says: Only SUCH
publications as are calculated to in
fluence, intimidate, impede, embar
rass or obstruct courts in the due
administration of justice in matters
pending before them constitute indi-
rect or constructive contempts." l
ask your honor's attention particu-
larly to the consequence drawn from
that observations: "As this is a GRIM
inal proceeding, in considering the
probable effect of the publication,
consistent with the theory of de-
PENDANTS innocence should be in
dulged." That Is to say. and it is
the law, that when your honor reads
that in an effort to determine
whether or not these young men
have been guilty of quasi criminal
offense, you must read 1t with your
merciful glasses on; you must read
it with the determination to protect
every reasonable intendment in their
favor; and IL that article can be
construed into an article which IS
not prejudicial to the administration
of Justice, then the legal obligation
upon your honor is so to construe it..
Continuing, the court says: In Its
ultimate analysis, the article con-
tains, as statements OF fact, that the
trial judge, sheriff, defendant, de-
PENDANTS witnesses and all the jurors
are adherents of the same combina-
49, M
PENDANTS lawyer Is lifelong demo-
crat, and as expressions of opinion,
that such a political color to the af-
fair seems strange, and that the Sc
lecting of such venire seems rot
ten. 1t certainly could not have en-
barrassed the learned circuit judge to
have the fact published to the politi-
cal coalition responsible for his own
elevation to the circuit bench. 1t
cannot be inferred that any intelli-
gent and reasonable reader of the
publication would assume that he or
either of the jurors would fall in the
faithful discharge of his official
were members of the same political
organizations; it nowhere appearing
that the action was of such a nature
as to excite political prejudices or any
unusual interest in the county where
it was being tried"
Nothing To Excite Prejudice.
Now, that is the point. The article
here describes their political connec-
tions, but it says nothing to excite
prejudices. There is no inducement
to anybody to fail in his official duty
by reason of the allegations which
are there made. mo intelligent and
reasonable person would infer from
reading the article that the judge was
responsible for the acts of the sheriff
in selecting the special venire. lie
might conclude from the alleged ac-
tion of the sheriff either that that Of
ficer desired to secure an exception
ally reliable jury, or that he designed
to bestow all the patronage of his Of
flee upon his political friends" Then
the court proceeds to comment that