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The Vanderpool Case

The Vanderpool Case image
Parent Issue
Day
18
Month
March
Year
1870
Copyright
Public Domain
OCR Text

We alluded last week to tlio atttenipt being made in tome quart era to procure a uew trial lor Vandkhtooi, on the strenglli of pablio clamor, iuid witliout regard to tho legal hearings of the case. Siueo then tho attcinpt has boen ajstcmatized, and a committee of poople of Muskcgon nro flooding tho tëtato with oirculdH - ono of whicli we are desired to pubüsh - asking monsy for tho cause. Now, it strikes us that tUe morement of this coinmittee 3 a very singular one. During the long period wbilo Vaxderpool was in confinemont no disposición was oxhibited at that point to ai i him, aud Vandkrpooi.. himsolf complaiucd of tli is iaet. The trial camo on iu due coiiráe, was a long and closely coütested one, and resulted in conviction. The complaint made oí the result is that the local feeliog was so etroug ngainst the prisoncr that he oould not have a fair trial; but this Loeft feeling was jast as well known before as it is now ; and does not seem to have excited any surprise or called out any indigaation. - Now, however, without the development of any now facts, a terrible outcry is mede; a now trial is demanded ; money is called for to secure it ; money, not by huudreds of dollars merely, but by thousands ; and the general idea put forwíird in, thut if ouly suflicieut monky can bo raised and feeling exeited the gates of Yandkiu'oois cell WÍU swing wide open, and the prieoüer walk forth. For any legitímate use to whicli money can h& put in aeounng a now trial, more was raised in Muskcgon than was necefsary. Evcry one who knows any tliiiig ubout lagal proceedinga, koows thut a niotiou for new trial only requires a pfos&u-tftlioo in court of tUo legal tri'i'Uüds on irbiob it is basnd. It re quires do witnesses present, aud the expeiifes, byond the fees of luwyerf, are email, The best counsel in the State oan be sccurei to ilo uil the necessary labor for far less snms than are now ostantatiouíly paraded before the public aa having been subscribed. It is very true that if a new trial ia had, more will be needed ; but it is also true that it 11 be abundantly early to subscribe ittheo. The npplication now is for a new trial ; and the public are notified f rom day to day tbat sums ere ïaised for this pur pose much larger than can be legitiinatuly used ; aud when they aro told at the sama time, in view of the subseriptioas and of the feeliDg exoited, Ihat títere can be no doubt now but a new trial will bs granted, what deduction oan postibly be drawn tkat does not cast suspicion upon the lionest aduiiuistriition of justice ? Fapers hare ergaged in this movement which have been in the hub.it of denouncing eomo cf the New York judges as corrupt. Tbey are said to be mero tools of party, of the "Tammany ring," and of personal friends. These papers ara doing their best to inaugúrate a similar system here. For we need not gay to any thinking man, that when the doctrine is onoe establishcd that popular clamor oan reverse a judieial decisión, al! respect for the courts is gono. - Establiah the rule that the public tnay demand a particular decisión, and it follows necessarily, under our system, that the party may, aud what the party may do, it beloDgs to the wire-pullers to direct, and the rule of a "Tauomany ring" in the courts becomes striotly legitímate. And to go but a step further, it is plain that if the luw is set asido at tho mand of a party, it etmnot be wrong to yield it to the solicitation of a friend. On all accounts this ooncerted public movcmeut and clamor are greatly to bo deplored. They liavo reudered it iinpossible that a novr trial should be given to Vandeiu'ool without the court being open to suspicion. llow could it bc otherwise wheii it is assumed that excitement, clamor, and money are all that were essential ? If the people of Muskegon desired to make an application for a new trial for Yandekvool, there was no reason why they should not have done so; but in assuming that it was to bc obtained on the grounds on wbich they proceed, they have given a shock to public justice from which it will not soon recover. - It would have exhibited a much better taste, and a nicer senso of propriety, had the people of Muskegon quiotly, and oven seoietly, feed one of the ablc lawyers eigning t'neir "Appeal" - the request to publish which we cannot comply with - to muke aud argüe a inotioQ for a new trial, if they lack confidence in Yandhkpoois counsel, than to engage in raiíing a bue and cry throughout the length and breadth of the State - which has the appearance at least of seeming moré desirable than money. If it eau be shown that tho verdiot was not q acoordunce with the evidence, that tho evidence in any material portion was manufacturad or false, or that now evideuce bas been discovered, Judge Ramsdiíll has not shown guch a thirst for blood that he oannot be relied upon to decide the inotion upon its merits. Wheu a uow trial has been prooured in tha legitímate wfiy, no great amount of monoy can be ncedod for legitímate purposes, for if we ruistako not the process of the court and the treasury of the county is at tho eervice of a prisoner deetitute of means to procure tho attendanoe of witnesses - and even to fee lawyers. With these views we cannot co-operato in a eeeming attempt to bully the court, espocially when wo bclieve that the trial ulready had was a fair one, aud the conviction in accordanco with the ovidence. For tho sake of Vandekpool's iamily, and VANMiirooL himself, we shall rejoioe to know tlint his innoconce can be and ha) leen establishid, but liis enuirgement at töi bcticnt of nuinufactured opinión or unrecsonable clamor will afford no such causo for rcoicing. And the same public orgnuization and officioiis intermeddling which can coinpcl n ncw trinl w het lier or no, muy be eunlly potent in this uud in otlier oases to coinpt-1 nn iicquiUal. Lot every lover of law and order rcflect whether or no tho precedent tboy are helpin to cstablish is a safa one. Tbbkb oio clcvon women in Wyotning wliose names have been rendored inmortal; and this is how it was dono. Five of them ■voro inipanncled on the Grand Jury of Albnny county, and on said grand jury did do duty, viz : Mra. Amelia Hatehor, Mis. Dr. lTUton, Mies Eliza Stowart, Mis. J. Muckel, and Mrs Agnes Baker. Tue othersix were drnwn upon the pc'it jury for the samo county, to-wit: ftliss Nettio Ilazen, Mr3. JeuiH3 Laucaster, Mis Lizzie A. Spooner, Mrs. Jennio Irvinton, Mi?s Mary Flynn, nnd Mis I. Ii. Hartsough. Piooecrs in a grand reform, "let thoir uamea bc re corded." - ïho telegr8ph tella the following sad and harrowing tale of tho great sacrifices made by these immorUl Wyoming women in the uoble ohusg of humanity, nnd also of tho correspoLding great sufferings of thcir - no longer - liego lords : Onmha, Neb., [arcli 12. The Ilowle mtirder case at Lsiamie city, Wyoming, is siill pending. The jury cannot sgn , and liave been ordeml coniined until 9 o'clock, a. m., .vhen the court aerees to ïiiwt them. They were allowed dlüncr and supi 'ï. Tlia women look pata and futigucd, tlns bAlngtlie fbu?th ijlght of tlieir confloeinent. Thcre is a general comi.iUUnt ninoiig the marrled men. Lnramic, Jiarch l.'i. Th-e jury in the Ilouie ninrder case returned :'. vuitüct it li o'clock last niirht Dl mülty of ïnansUiugliler in tho lirst (jegree. Tlie ladies of the jury were inuch fatiguod. If Wyoming jury rooms are no more sumptuously furnished thaa those of Washtenaw county, we ono ensily believe that :the ladies of the jury were much futigued." It don't take four days aod uights to tucker out a Washtenaw jur}'. In tiik House, on Monday, Mr. MarsiiALi,, of Illinois, offered the fulloving resolutions : IÏLsoh'd, Tliat the depresacd eonditlou of business the varloUslndustrial intcrests of the country demand of Oongresa prompt actiou in relieving the people of all taxa (ion not absolutely necessary to provide for the wants of the government economicnlly administered, and that iu refonnincj the existing tarlfflaws, legislation should bc on these principies, to wit ; 1. That no duty should be imposed on any avticle above the lowcst rate that Wlll yield the larsest amount of rerenue. 2. That the maximum duty shoald be imposcd on luxurles. 3. That the duty shonld be .so Imposed as to opérate as èqaa"lly as possible throughout the Union, discrimiuating ueither for nor agaiust any class or sectiou. Mr. Holman-, of IndiaDa, to test the eense of tbc House, moved to table the resolutioD, demanded tha yeas and nays, and statcd that he should vote agatust Lis own motion. Tho resolution to table was lost, yoas, 38; Days, 118. Messrs. Blair, Stougiiton, and Strick land vcted yes; the otber Michigan members toted no or did not Tote at all. The Tlouae, tben, by a vote of 55 to 81 refused to ordor the previous question, and without a división referred tbe resolutions to the Committeo on Ways and Means, where tbey will be smothered. We Buspect that Holman's "test vote" was not a vcry decisivo one. Tho House is evidently in favor of proteotion : that is, in favor of taxing the consumir to enrich tho manufacturera Let the thiDg becalled by its right name. That shrewd fcllow the poet told about - on the whole we don't exactly know as ho was a poet - who oould "split a hair 'twixt west and nor 'west side" was not to be compared with Gomniissioner Delano. llis various internat revenue deoisions - or deeisions pertaiDing to questious connected with Ihe internal revenue - show a remarkablo elirewdness for bair splitting. Kut in the last one, that interest paid on a tnortgnge on a honiestead is not interest to be deducted in :naking up one's income, out-Delanoes Delano himself. Tho same kind of reasoning would prove white black or black white, or most any other utterly absurd proposition. Ever sinco the income tax has been levied, interest paid on debts of all kinds has been recognized as a legitímate deduction, but Dülano is the victim of a new inspiration and established precedent must be reversed. Great is Delano. - Tho IJouse, on Monday, passed a biH to meet the case, declaring interest paid on a mortgaged honiestead exompt. i--. Os the lotli inst., seven miles fiom the walls of Madrid, a duel was fought between Prince Hemrï ds Bourbon and the Duko de Montpensier, two cluimants or applicants for the Spanish throne. Prince IIenri was killed at the third shot. After tbe second shot the seoouds interfered, but tho Princo refused all overtures, nnd tho result was as stated. The dead Bourbon was a brother to the husband of the banished Queen Isabklla, and a cousin to the Duchess of Montpknsier. The quarrol was tho result of a scurrilous letter written by the Princo against the Duke. The Duke was greatly shocked at the result, and swore to proyide for tho Prince's children. Tho Prince leaves an Amerioan wife. - The cable oraoularly says : "It is said that tbis affuir will injuro the Duke's chances for the throno." Is that all ? Tuk Governor of Minnesota bas declioed to sign tho rosolution amending tho Constitution andgiving tho ballot to women. He says tho mode of submission - permitting women to vote on the quostion - confliots with the provisión of the Constitution authorizing aincndments. He also expresses his conviotionthat the chango is not desired nar desirable. Up and at him, Suban, Asna, ElIZABEIH, TlIBOiORE & CO. WnHN íi journul of suoii standing as the New York Evming Post, a i ly Rrpublican journn!, teels compollcd to saycf a nieasuro pending in Congrcss : "It is, of courie, of small account lo say tliat it a uncons'.ïtutional ; nobody supposi's it to be otlierwis," il is liigh timo for all who are not partifant in a bad sense to pauso and reflcct. And it is juut wliat tlio Post s;üd on Monday last louohiog Gen. Botler's proposition to rerecoustriict Tenuessee. And it is juht what rnay have been said of niuch of the logislation of the lust fuw years. A tuember of Uangress who aüempts to measuro his duty by that autiquntcd document ia scouted at as au "old fogv" or a 'uopperlieüd ;" and a onurt that regnrds the organic law of the land ns above an ill-digested and cooilicting act of ('ongrcaa is itsötf tubjected to reconstructiou, i's nunibers inoroosed or decreased, noniinoes to its vacant seats put through the political catecliism and pledgcd to indulge in do opinionsof (huir own, or i solcgiümato rights and duties taken aw;iy. "Xobody supposes it to be othcrwiso !" A Bad com'nont upon the acts of men sworn to support the Constitution withwhich the bilí ip in palpabl and contVssed conflict. If an oath is so worlhleBs what is to ppotect the people from legisla'ive uturp:ition and tyr:.u"y ? Tan Ilousc', on Mouduy, by a vote of 122 to 32 passed a joiut resolutiou - introduccd by old Eoonomy Dawes - directing a suti equal to one year's .salaiy of an Associate Justice of the Supremo Court to be paid to the family of the late E. M. Stanton, "in conskleration of his distingui.-hed servicrs." Thousands of poor men lest their liyes io the service of their country, and whose families havs uo roeans of support, not one of whotn has yt been rewarded with a year's sulary uot earnad and for an oflico nevor iield. Why this distinction ? - The Senate adopted the same resolution on Tuesday. Congressmen get fat salaries, with rich "stealings in," and the poople foot the bill, Wliy shouldn't they be generous ? Im tuk House, on Monday, Gen. Garïield ' 1,-iid at the threshold of the Deinocratio party ail the costa and burdens of tho war, and all the lives saorificed in it." And th:s in spito of thedeelaration of that distinguished Radical stateaman nnd valiant Buil Run soldier, Zack UitAXDLKU, before tho breaking out of hostiliües, that "without a little blcodletting the Union is not worth a ruah," and his entreatics to Gov. Blair tosend Commissioners to tho Peaco Convention whope voices and votes would be against peace. This unpretty thrust at the "Marquis of Michigau" ought to be 6everely rebuked by his home organs. Fkosi the great "noise and confusión" made by the Radical journals over the lato election iu New Hampshire, one not familiar with the facts would naturally imagino that that State - ooly a seven by nino affnir and nothiug without the White Mountains - was the largest iu the Union, and that it had nevor beforo proved its "loilty" by giving a Radical inajority. This firing of guns and crowing of roosters is over a majority several thousands less than that of Grant in the Fall of 1868, aud is no doubt "a big thing oo ice." Ahd now oomes a rumor from Washington that Postmaster-Gentral Ciieswkll will soon resign and accept a foreign mission. It is probable that thoso Senators who aro so indignant at his poking his offioial nose into the franking dish, and ivho would gladly consign him to oblivion or "Davy Jones'es locker," will vote for liis ooafirmation to get rid of him. Rojecting Hoar didn't drive him from tho Cabinet, and so Greswell may bc moro genorously dealt with. Gen. Siieridan has issued an order approving the recent destruotion of a settletnent of Fiegau IndiüDS, in Montana, and the wholesale massacro or slaughtor of its inhabitants, numbering 173, men, women, aud children. One or two more such outrages will make the term American soldier a hissing and a by-word iu all civilized lands. Murdering women and children- though they be Indians - Is not a eivilized modo of warfare, and, whatever depredations the Piegans may havo previously oommitted, the "attack" by Col. Baker, can be called by no otber namo. The constitution tinkerers down in Tennessee dou't oxpect aman to be honest in this world uuless he believes in punishment in thenext, and so thefollowing provisión is found in the constitution now pending before the people : Sec. 2. No person who denies tho being of öod or the future state oí rewardí and punishments shall Iiold any office in the clvll dejiartmcut of this State. Why not define the church a man shall beloug to or the particular mode oí baptism he shall endorse ? Gov. Howi:, of Wyomiug, having assured his lady grand jurors that ''nothiug Bhould oceur in bis oourt whioh ought to ofFend tho most sensitivo wo man," the Advance haviug the daily proceodings in the Chicago courts in remembrauce - say of the SioiiEY-blonde type - says : "If he oan make good his promise the crimes of Wyoming must be of a wouderfully mild type or Judge Howe's idea of womanly sensitiveuess must be wholly original." And so say we. Tiib Fr te Press of Monday last had a very oblo article deprecativa of the clamor for a ïiew trial for Vandeiífool. It regards the movement as intendod to overawo tho eourts, oropel a new tria], and also an acquital despite tho law and tho evidenco. It was a timely article. Wo are glad to notice that our cotemporary of tho Courier doelines to take stock in the Vaspebi-ool raid. Tuk long and anxiously looked for iteamer, Seh:nid, of tho Bremen lioo, arrived in New York on Fridny last, 48 days from Breinen, nnd reporls a very rough time of ït. An iutüresting narrativo of lier voyago wilt bo fouad iu another column. - Tho City of Bos'.on, now out 49 dajs, Las not yet beeo lieurd from, aud ili-agreeablo doubt of her safety is füRt giviug placo to terrible c uvicüou that t-lie is lost. - The New York Sun is responsible for the rniher uncharitable and severo suggcs'.ion that souie British steamer nny have run iuto aud sunk tho City of linston, aud that the Cuptuin haa forgotten to report the collision. Grant promised economy in bis inaugural addresa and animal message, and sent D.uves to New Hampshire to repeat the pledge. One of his cconomical ideas is the purchase of the dilapi dated Island of San Dumiugo, vvhich is about as desirable an acquisition as Ala&ka or St. Thomas, with their icebergs and earthquakes. Tiib recent intimation by Senators Sujineh that Gen. Pmm had made propositions looking to the cefsion or sale of Cuba to the Uuiled States 3 pronounced by Gen. Piüm "utterly false." So says a Madrid dispatch of the 13th. - How ia this little question of veracity to be settled ?" Has Sum.nek any documenta to back up bis statement 1 Hok. John S. Bauo, an o!d resident of Detroit, aud aformer publisher of the l'ree l'ress, dijd on the lOth inst., aged Cl years. Mr. Bago trás n Democrat of the (id school, a shrewd politioian, an able writer, an and honest oiEcer in the places of honor and trust he has held. For several years his health had been poor, and his timo hud been giveu to agricultural pursuits. Iïevki.s made bis maiden speech on Wednesday, on the Georgia bilí. He opposod the Binoham amendment. - Keveis speech proves either that he is more of a man than matiy of bis Kadical col leagues, or ihat he was more fortúnate than they in employing a man to write it for hinv. lx the llouae, on Wcdnesday, two roports were made from the Committee on Military Affairs, one condemning the sale of i cadotship by Hon. R. K. Butler, ofTennessee, Radical, and mildly censuring "the unauthorizedand daugerous practice ; " and the other for his expulsion. The report went over.

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Subjects
Old News
Michigan Argus