Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-01-27
Calls Hearing Illegal j.,

but in order that their QepOSltiOnS
may be taken. = -
Calls Hearing Illegal
None of this has been done in
this case, therefore this whole pro-
ceeding in my judgment is a nullity,
and theGestimony adduced cannot, be
Legally used in any proceedings
whatever. It cannot even be used
legally before a grand jury; it would
be hearsay and any bill of indict-
ment predicted upon this testimony
would be quashed by. the court.
1.-The corpus deficit has not been
established to reasonable certain
ty, to say nothing Of the rule that
it must be established beyond a rea-
sonable doubt. Two bodies were
found IN Lake Lafourche: the cor
oner of the parish, DIR. d. NJ, Patter-
son, a man of unquestionable integ
rity and standing both as a citizen
and d physician, was not permitted
to make an examination of them. He
never got closer than forty feet TO
the bodies while they were yet in the
wei ter. and he was told that he could
at the same time two Uatholegists
seemed to have already been arranged
with even prior to the finding of
the bodies, who were to come and
make an examination which would
disclose great vitality, etc, as to
the manner in which the bodies
found came to their death. And it
might be said here that their tes-
timony, was not at all disappointing
in this regard.
There is more than a doubt as
to the identity of these bodies, which
is entertained in the minds of peo-
pie generally. Those. who heard the
testimony, without exception, enter
tanned such doubt, and after the
pathOlog-StS had made their full re-
port on the matter there was a gen
eral unbelief left upon the minds
of all fair-minded people. :.
MANY witnesses were. called to
connect various and sundry persons
with the mob that kidnapped and
! carried away Daniel and Richard,
and the testimony produced showed
every earmark of having been work
ed up by agents of the department
of justice, and was so conflicting
that it destroyed itself. 1t was mani
fest from the very beginning that
the real motive behind the prosecu
! ton was to convict the Ku KluX
Khan in the forum of public Opin'
/ ion, without regard as to- whether
or not the perpetrators of the crime
| would be uncovered.
AbsOEves Klan of Crime
| without exception there was nc
!
individual established, except by the
most partisan testimony, and testI
many which could not stand the fire
of cross-examination or the test OF
character necessary to give it verify
"The activities of the Ku kluX
Khan were gone into with great pain
and in my judgment the evidence
does not sustain the charge that
| they are responsible for this crime
or had anything to do with it, There
are other activities of minor i'm
hportance in which they perhaps did
take some part, but in no case is
a crime or misdemeanor disclosed
where it is definitely shown that
the K. K. K. took any part, and
in no instance has any actually been
| shown except in furtherance of law
| S1llOICSIIlSIlI anu IIlOI amy
AS a lawyer, having had good
many years of experience in the
practice and several years experience
as a district attorney and as district
judge, 1 am of the opinion that this
proceeding as. it has been carried on
is an abuse of the law. do not mean
that in every instance and with eT
cry witness there WAS an abuse OF
the law or the machinery of tbs
court, but in a number of instances
during this proceeding methods were
adopted which cannot be sanctioned
| by either the judicial or the lay
mind.
"The state of Louisiana, and es-
pecially Morehouse parish, has beer
done incalculable harm by the pub
licity of sensational matter, 80 be!
cent of which has been without any
substantial foundation whatever,
and from all of the evidence of the
hearing and the manner by which it
was conducted, it impressees the
reasonable mind that a great stage
play has been given the public with
other motives behind it, Gather than
| the desire on the part of the Cover