Democratic Sentinel, Volume 13, Number 1, Rensselaer, Jasper County, 25 January 1889 — THE DUDLEY MATTER. [ARTICLE]

THE DUDLEY MATTER.

Labor Signal: It is doubtful whether court annals present a more remarkable instance oi the subordination of law and justice to party exigencies than is found in the modification of his instruction

to the grand jury regarding elec tion fraud by J udge Woodss of the F< deral Cou t. In his original charge the Judge referred directly to Colonel Dudley’s “blocks of five” letter, and said: “The letter clause of the section makes any one guilty who counsels bribery. * * This clause makes it an offense for any one to advise another to attempt,to commit any of the offenses named in this section; so that while it is not a crime to make the attempt it is a crime to advise another to make the attempt. If k attempts to bribe B th*»t is no offense under the statute; but if A advises B to bril e C, then the one who commends or gives this advice is an offender under this law; and 1 wi'l say that f here is some wisdom in this provision.” Every good citizen commended the vigorous manner in whi<h Judge Woods referred to a transaction that had cast more odium upon the good name of the st te than the two-dollar bil 1 infwu’of 1880. It had I ' eviden' since the publication of Dudley’s Mtcr that every effort his friend ... md put fortii would bo exerted to shield the writer, an I when Mr Sellers resigned his. commission as prosecutor, friends of the boss boodler were jubilant, while lovers of justice and good government, were emazed and disheartened. - But Woods’ instructions were so clear and j osiive that the despondent regained confidence. The final appointment of ] udge Claypool was iiotiee served to Dudley and his colleagues that their illegal transactions in the last campaign would be probed to the very bottom, and straightway it became evident that something must be done to checkmate the abl prosecutor or Mr. Dudley would find limself with n the clutches of the aw. Judge Woods was equal to he emergency, and on Monday ast again instructed the grand ;ury, this time in a way which makes the indictment of Dudley next to impossible. He said: “It results, of course, that the mere sending, by another, of a letter or a document containing advice to bribe a voter, or setting forth a scheme for such bribery, however bold and repiehensible is not indictable. There must be shown in addition, an attempt by th • -eceiv' r of the letter or some other instigated by him to execute the scheme, by bribing or attempting to bribe some voter in respect to the election of congressmen, or such way as to effect such election. / “Another point deserves consideration in this connection. If th e view be adoj ted that advice not acted upon may constitute a crime, then the exact words used in giving the advice, whether oral or written, must be arcertained, and every poss ble intendment in favor of innocence must be allowed a d all doubts resolved in favor of the accused. It the use of money be advised but the particular purpose of ils use be not clearly and indeed conclusively indicated, a possible innocent use will be presumed; and even if the purpose to bribe be unquestionable and yet it appear. that the design to purchase votes for (ther officers than representatives in congress itwou d b® mo crime under the statute which is designed to protect the election for that office alone.”

It is onderstood that o large am’t of damaging evidence has been gathered, and that a bill against Dudley was almost assured when Mr. Judge Woods stepped in and kicked the matter <ut of court. — Much indignation is felt, and Ju ge Woods may prepare to take a position alongside of Dudley in the estimation of men in all parties who do not approve of Dudley methods. It might have added solemnity to the transaction had Woods closed the latest instruction with: “There, Mr. Dudley; if that does not save you, may the Lord have mercy on your soul!”