Year: 1869

| puquo rOteTs, indicted lOr muruerJ nave hlt


their reasons in court for the motion TO quas


the indictment. They make fourteen points, a
| leging defects in impaneling the grand jury an


irregularities and informalities in the in ndictmen


and claim that twelve men cannot be indicted fc


the murdor of four persons, each murder being
| separate oHense.


The question is often asked by men iron


the Eastern Ststes-"What is the reason @


the very general prevalence Of Lynch Lay


in the West? In the West there are case


perpetually occurring Of L.eu being takel


by force by al armed and disguised GROVE


out of the hands Of the proper legal author


tiles, and hung to the nearest tree. We d.


not do these things in the East. Why d.


the most respectable men out West offer
encourage aud even aid in such horribl,


enormities ?'


| regret to say that there is but one an
swer 10 be given to such questions as these
"ln the East, men-no matter whelher they
be rich or poor--are hung, or sent to the
Pententiary for long term of years, fol
murder. In the West, if murderer has got
few thousand dollars to hire frst.clas:
lawyers, it is utterly impossible to convict
him. All sorts Of legal quibbles are had
recourse to, and unless in the indictment
every 7 is crossed and every | dotted, the
guilty wretch is sure to escape. A change
of venue is taken, if the facts of the case
are too notorious in the county where the
ot1ense was committed to afford the least
chance for humbugging jury; and even il
the villain is triedand found guilty, q motion
for new trial is made, which-especiell
when the counsel that makes the motion
happens to be a former legal partner of the
Judge that is sitting on the bench--is pretty
sure to be granted. One way or other, the
prisoner-always provided that he has plen.
ty of money to fee the best lawyers in the
ghborhood-is sure to escape. No case
can be pointed out in the West, where q
murderer that had plenty Of money and
knew how to use it ever suffered the extreme
penalty OF the law. If Prof. Webster had
murdered his victim in the West, instead of
in the East, be would have been certain to
70 scot free, barring u short imprisonment
in Jail while his lawyers were rackiug their
brains to find legal loop.hoIe for him to
escape through"


This is most important subject, and de.
serves the serious consideration of every
citizen among US. Why, for example, was
that wretched man johnson allowed to 20
unpunished for the murder of little girl
not many years ago in Rock Island, after he
had been duly convicted by one OF the most
respectable juries that was ever impaneled
IN this county Do.auso Lv haj " .;ek
brother in Chicago, and was thus enabled to
Zee our vary best lawyers and the conse.
1uence was that, only month or so after be
came out of Jail with flying colors, he is
said to have been detected in Chicago com
hitting criminal assault upon another little
girl. Why, on the other hand, was Stoddard
hung in Rock Island many years ago, for
The murder of his wife-one of these fast
aides who are in the habit of breaking the
seventh commandment with some Of our
Tealthiest and most respected citizens
Because he was poor man, unable to fee
he very best counsel, and because--if com.
non report is TO be trusted some Of the
egal gentlemen concerned in one way or
other in trying his case were in the habit OF
accompanying his wife down the river on
lce little parties Of pleasure, and SO nstu.
ally felt indignant that the in ured husband
Ihould take vengeance for crime in which
hey themselves had participated.


What, then, is the remedy for this deplor.
.ble state OF things? How are we to depose
Judge Lynch grieve to say that, so long
IS the present system continues, there will
necessarily be popular outbreaks in the west
very now and then-there have actually
been several such outbreaks within the last
month or two--and men that are VIGOROUSLY
guilty will be summariy hung by the uni.
'ersal verdict Of the sovereign people, but
without the tedious formalities of a legal
Judge and legal jury.


The only remedy, as it seems to me, is for
he leading counsel on every Circuit to de-
,line altogether to appear in criminal prose.
,utions; or if this be thought unreasonably
severe upon their pockets, to decline to de.
END in a criminal prosecution when it is
morally certain that the prisoner is guilty of
he crime laid to his charge, no matter
whether or not he can be legally convicted.
This last WAS the rule adopted by honest
Did Abe Lincoln, who, as is well.kIown to
The profession, would never consent to de-
fend criminal whom in his heart be believ
ed TO be guilty. The former practice is that
Of the English bar; for in England no lead
ing counsel will accept brief for any crimi'
nal prosecution. Such dirty business as this
they leave for the junior members Of the
profession; and | am personally cognizant
Of case where leading English bsrrister
was offeredsany fee that he chose to name,
provided he would undertake TO defend
young man njustly accused of theft. In.
stead of accepting the money-as most of
our Western lawyers would do at once
be spurred the offer as almost personal in
suit Such men as these feel-and very
Justly too-that with their greatlega talents
and their facilities for deluding O jury, they
can if they choose clear ANY prisoner,no
matter how certain his guilt may be. They
know that in civilized community punish
ment MUST be inflicted for past crimes in
order TO prevent as much as possible future
crimes. They know the horrors of Lynch
Law; and, to their credit be it said, they
refuse to prostitute their high powers to
shield murderers and robbers from Justice,
and thus aid in enthroning that ugly old
monster Judge Lynch upon his terrible
bench of summary jurisdiction.


For my own part, must candidly confess
that | should feel much safer both in person
and property under the rule of Judge Lynch,
than under the present most unsatisfactory
administration Of justice. Moreover
Lynch Law costs nothing, and our present
cGmbrous system, with all its absurd
formali,ies and irrational rules Of evidence
costs us all great deal and is almost entire
" useless and inefficient against criminals
who have money.


BENZ. D. WALSH.


Rock Island, Sept. 23d, 1869.


Joe Jefferson, the actor, has magnih