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The Nolle Prosequi

The Nolle Prosequi image
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Prosecuting Attorhey Lehman festerday entered a nolle prosequi in :he case against Sheldon F. Granger dolph Glatzel, Fred C. Root, Wil iam Binder, Fred 'Parsons, Ells vorth Tbomas and Edward Morri son, charged with the murder o [rving S. Dennison. His reasons ire given in the following paper Sled when he asked leave to ente :he nolle prosequi: In this cause I desire to submi :he following among other reason :or leave to enter a nolle prosequi in :his cause. i. While there is some conflict in the testimony, I think the fair de duction from tne evidence is that neither the military nor the students were solely to blanie or entirely free from blame in the matter, but that the fault was mutual. It is quite clear that this uncalled for affray would not have occurred ex-. cept for the reason that some feeling existed at the time between the executive officers of the city and the students. As to who was in fault for the existence of such feeling, it is not my duty nor desire to decide and it is not material in determining what disposition should be made of this case. 2. So far as I know, there is absolutely no evidence tending to identify the person who struck Irving J. Dennison. He may have been struck by any one of the parties charged in this case, and it may have been some one whose name has not been mentioned at all. The evidence at the inquest, which was exhaustive, simply shows that the parties defendant were acting with Co. A, on the night the lamentable affair occurred, and all subsequent investigation developed nothing additional. 4. It is even probable that the party who struck the unfortunate blow does not know the fact himself, as all the testimony shows that the parties were engaged in a general affray, in which many blows were struck on both sides; and that neither was able to recognize the assailant or assailed. 5. I am satisfied that the blow was struck under the excitement incident to the occasion and not with deliberation or with criminal intent. 6. Under such circumstances a conviction of any one of the defendants would be doubtful and if some one was convicted it would be quite as likely to be some one who was irnply present, as the party who truck the fatal blow. There must )e a wholesale prosecution, or there hould be no prosecution. I know of no one who deerns a general )rosecution of all who happened to be out on the night of November 12. 1800. advisable. j. I am unable to understand vhat beneficial result could follow a urther prosecution in this matter and I can see that it might do much íarm. It must be apparent to all hat the interests of our citizens and students are mutual, that each is more or less dependent upon the other, and that mutual friendly reations should be cultivated by all. 8. While I am perfectly willing to Drosecute this case if the other officers of this court have opinions which do not coincide with my own and think that this is a case to be Drought to the attention of the jury. On the whole I have decided, if the court will grant a leave, to enter a nolle proseguí herein. Pros. Atty.