Rensselaer Republican, Volume 17, Number 36, Rensselaer, Jasper County, 14 May 1885 — In Regard to the Warter Case [ARTICLE]

In Regard to the Warter Case

Editor Repculhan The Supreme Court has reversed the Wartnor e ise, but the real point, •■can a Judge legally sentence to the death penalty on a plea of guilty," still remains an unsettled question, they say “capital cases must be tried by jury”, no one has disputed that proposition,, we have all along agreed upon that point, but in this case we insist there was no trial, defendant piead guilty and was sentenced on that plea. Whether the Supreme Court was misled by the ar-j guments ol defendants counsel dwell-, iug upon trial by jury, or by the routine language of the record “that; upon the plea of guilty the court having heard the evidence and being siiTiicient--ty advised in -the premises, finds tire defendant guilty” etc. —or something -else, we can not? fell until the lull opinion is available. Tim record taken as a whole shows that defendant plead guilty, and that there was no trial, it is unfortunate that justice should be long delayed, and perhaps entirely thwarted, by eiphcr m-tlitnsy technicality or niisapiehensjou of the facts. If the main point in issue “can a Judge in capital cases, on a plea of guilty, pass legal sentence, without calling a jury” was decided, then I failed to understand and fully comprehend the language of the learned Judge. The people of course are eager to known what next: As to that I can only say, Mr. Walker, the Public Prosecutor, is not only very sick, bul absent from home, should he return before sixty day have expired, lie could apply for a rehearing of the case in the Supreme Court, otherwise the case will go over to the October term ot Court, the law requiring that the ease

shoe id be Lejd open for application for a rchearing sixty daj 9, and the papers then filed ten days before convening of Court, renders it impossible to move in the matter until then. But whether V it is six months or six years before the murderer is again 1 r night to court, the people of northern Jasper, will be on hand and do their whole duty, under the lute, in vindication of outraged justice, violated law, and the sanctity! of human life.

R. W. MARSHALL.

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