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WELLINGTON ENTERPRISE, WEDNESDAY, JULY 30, 188.
I. XT, HOUGHTON, H. H HOUGHTON. EDITOR Wednesdaij, July 30, 1884. National Ticket. For President, JAMES 0. BLAINE. For Vice President, JOHN A. LOGAN. State Ticket. . ' For Secretary ot State, , JAMES. S. ROBINSON, Of Hardin county. ' For judge of the Supreme Court, W. W. JOHNSON, Of Lawrence county. For Member of the Board of Public Works, C. A. FLICK1NGER. Of Defiance county. Mbs. Jane Gray Swissiielm, who died at Scwickly, Pa., July 22, was one of the llrst woman journalists of America, bhe published the Pittsburgh Saturday Visitor as early as 1845, and began to write for the New York Tribune in 1850. She originated the use of the red light In tlio rear of railway trains, by urging its artop. tion, In the paper she edited. , She wield ed a sharp and vigorous pen, but was a most womanly sympathetic and lovablo iady in person, and manner, and devoted her life to befriending tho helpless, and pleading the cause of the oppressed. Her intense feeling on the subject ot unjust ' laws concerning property rights of women came from her bitter experience with a lieaitlcss and small-souled husband, who went to law to try to get possession of his wife' property, inherited from her mother. 1 Irms half dozen men known to the country, who have taken concerted action against Mr. Blaine as the candi date of the Republican party, are too good for the party, they must settle that matter with themselves, but the humbug become flagrant when they rush forward to certify that Orover Cleveland Is a synonym for all that the poets and reformers have sighed for; and it has great significance only that there U a morbid streak among our pol iticians that scientists should be callod upon to analyze What - shall we think of the men who make almost a trado of talk about elevated standards and higher walks and better ways and purer mcth odi, and who do all the holier-than-thou business with a solemnity that implies possible self-deception, and yet because the Republican party nominates a can dldate who does not st em agreeable to them, rush down hill Into the Demo cratic party? There Is not enough of them to signify. The petty conference tn a private theater In which everybody was a delegate, and there was a stew of fine words prepared for the country, In which to embalm the Democratic can didates, like blue-tailed Hies, In honey, Is an advertisement of feebleness In body and mind. Cincinnati Commer cial Gazette. The controvesy with regard to a Re- publican candidate for prosecuting at torney, Is exciting Increased interest In all parts of tho county, and the object Ions to the rcnomlnatlon of the present Incumbent are becoming so generally known and so freoly discussed that there Is no longer any valid excuse for keeping silence, although we greatly regret such an exigency at requires a disagreement within the ranks of the party. We prefer union and harmony, but when a policy is being pursued, not only detrimental to the Interests of the Republican party, but to good gover rnent and to good morals, It is time to call a halt, even though the consequen ces to Individuals may be somewhat disastrous. The feeling of dissatisfact ion Is not of recent growth and hat In this part of the county no reference to personal preferences for other candi dates. Tubllo attention was first di rected to this matter by some commun ications In the Elyria Republican against which were entered such vigor ous pretest and denials that It was no loubt presumed that all furthur discus ion would be prevented. The trouble is however, the objections to the con tinuance of the present prosecutor In i hat office are founded In reason and troth, and will not down at the bidding of his friends, even though backed by a llbetal use of personalities and Invect ive, That style of defence doubtless Is the best possible, under the circum stances, but it U not argument nor has it any special terror for those whose cause is lounaea in reason ana justice. . A careful observation of the conduct pf the criminal business of the county, under the present administration, has satisfied a large number of leading men that the Incumbent has not the reqnslte legal and intellectual ability to properly discharge the duties of the oflloe; that ha has not sufficient Independence and force of character, and that he It not sufficiently clear and qnick In his pre caption to enaMeilm to successfully contend with the older and more exper ienced member of the bar, and in their , hands he becomes, if not an aid to their success, a feeblo obstacle to the clearing of criminals. It is scarcely an open question that owing to the technicalities and dofects In our laws, some of which appear to have bcerr framed with more reference to the protection of tho criminal, than the Interests of society, experienced lawyers are annually saving from pun. ishment quite as many criminals as are brought to justice. Whatever may be the opinion of lawyers, the average man does not recognize any legal or moral obligation to clear a client If guilty; on tho contrary they believe the limit of duty Is reached when he pro tects the interests of his client, or in other words gees that no Injustice Is done him, but until we can have a re form in legal methods and ethics, it Is certainly due society, that Its rights should be guarded with equal zeal and courage and ability, with thoso of the criminal. That the county has just reason to complain that Its Interests have not been properly protected In many Instan ces, we believe In not only true, but susceptible of demonstration. As a writer in the Republican says: "the test of success is not so well ascertained by the number of convictions of every character, as by thoso secured by trial by jury, and moasured by this test the record ot our prosecutor is much below the average. Another proof of Incompetency, is tho fact that the commissioners have paid several hundred dollars tho past year lor legal counsel, lor which ser vice the prosecutor is paid, and would have rendered, but for a well grounded want of confidence in his wisdom and judgement. And in passing It may be noted that his most ardent supporter, Is one of the attorneys so employed, and has received a liberal share of the fees, and tho fact that he finds In the prosecuter an attorney able to in terpose but slight opposition to the suc cessful management of his criminal cases, furnishes an explanation of the zeal with which he enters upon his defence, and the fierce denunciation he visits upon his opponents. What has already been said furulshes good ground for opposition to the re noiuinatlon of our present prosecutor if there were no other, but there are wclghter reasons which, when under stood make his candidacy an Insult to the Intelligence and character of the Republican party. The case is briefly this : a school teach er, in Rldgeville, named Hinckley se duced one of his pupils, and Immed iately, on the facts becoming known fled to another state. A requisition fiom the Governor was obtained, he was brought back, and on a hearing before a justice, was put under bond of flOOO, lor appearance at the last October term of court. He gave bis attorneys secur ity, they became his bondsmen, and he again left the country, not Intending to return, but expecting to forfeit his bond, If the grand Jury should Indict him, unless In the meantime his attor neys, Johnson & Metcalf, were able to effect a settlement of the case. With an eye to their fees, they engaged an Influential neighbor for a consideration of $50. to approach the father of the girl, and Induce him and his daughter not to appear before the grand jury, to which with great reluctance.after mucli persuasion and in consideration of the payment to htm of $500, he agreed, only a few days before the session of the grand jury. This settlement was effect ed with the knowledge and consent of Mr. Xye, the prosecuting attorney, the attorneys for the dclendant further agreeing to pay all costs and fees of every description, and to give the pros ecutor f 100, for his expenses and trou ble It Is cl aimed that the girl declared to the prosecutor that she would not testify, or if compelled, would swear that no crime had been committed, and so the caso was dropped. The public will Judge how much tills statement I worth la view of the recent payment of $500, by the defendant to the father in settlement, and In view of the further agreement to pay $50, to the neighbor, to pursuado him to accept it, $7.00 of which last, by the way still remain unpaid. To recapitulate; the prosecut ing witness, or her father was paid $500, the neighbor $41, all the iherlfi's and court expense were paid by the attorney, or on their order, Mr. Nye wa paid $100, a his share of the (wag, and the balance of the $1000, Messrs Johnson & Metcalf divided between them a fees. This settlement be It remembered wu effected without con sultation with, or knowledge of Judge Hale, a thing never before known in the history of criminal practice, and contrary to law. The question of guilt, so far a the prosecutor I concerned, turn somewhat upon the understand ing and intention with which the $100 wa paid and received. It I fair to him to state that he claim it was to be used by him in the payment of personal ex penses, uch as livery and time spent In working up the case, and for such other expense, as iherllT and court fees, the balance to be returned. It 1 well understood that the prosecutor's fee and expense for all legitimate duties, are paid by the state, but In this case, which was settled previous to an indict ment, by the liberal nse of money, be would be entitled to nothing, and the presumption If fair that by a tomewbat liberal construction, they estimated his expenses at the full amount of $100, In view of the fact that all foes and osts of every character were paid by the defendants attornoys, without refer ence to the $100, placed In the prosecu tor's hands, that he retained the whole amount a full month without disburs ing ono cent for costs and finally re turned every cent, after this affair came to the knowledge of Judge Halo, and he in a private Interview had given him a severo reprimand, warrants the sup. position that it was the understanding of all the partios that the $100 was for Mr. Nye's private purse. If it has come to this: that a criminal, who has plenty of money and is dis posed to use It liberally, can purchase Immunity from the penalties of law, may the gods pity us. We have taken pains to get at tho bottom facts, with regard to this $100 paid Mr. Nye, and we state most posi tively and unqualifiedly that this whole story, of it being left to pay costs, or a guarantee fund to secure costs, Is tho flimsiest kind of a suDterfuge, an after thought; that there was no pretense of any such understanding till long after ward, and we affirm that by no possi bility can George P. Metcalf be made to say that It was not the understand ing at the time it was paid that the $100 was for the prosecutors own private purposes, nor will JuJgj Halo, who also knew the true Inwardness of this cose, hue who came to his knowledge of it some time later, say that it was not the understanding that the $100, was for Mr. Nye's own use, regardless of expenses. There was no . pretence of any other understanding, and It was in consideration of the fiict that tho case had been dismissed Illegally, with out consultation with the court, and that a crime had been committed In the taking of the $100, tho contemplation of which gave Judge Hale great dis tress, we say it was In consideration ol the above facts that the Judge gave Mr. Nye such a severe reprimand as caused lil in to return the money forthwith. The most that Judge Hale can be made to tay Is that he docs not think Mr. Nye Intended to act corruptly, lie will not say he did not act corruptly ; he will not say he did not commit a crime, the contemplation of which gave him unspeakable anguish, but only that he does not think ho intended to act corruptly. We do not like to be lieve that Mr. Nye was consciously doing an illegal act, but If the motive was innocent, the transaction was none the less a crime Tho manly course would be to acknowledge that he made a mistake, and ask the people to over look it, and give him a chance to rein state himself in their confidence. But we want a prosecutor who will not make such mistakes. The idea of In voking the aid ol the great state of Ohio to return a criminal, the evidence of whose guilt wa at hand, whose guilt was not tn fact In question, as the result show merely to squeeze out of him a thousand dollar to be divided between the prosecuting witness, the attorneys and court officials, Is a trav esty on justice, and an Insuflerable out rage on a law abiding people. If the dignity of law and the sacred ness of justice have come to this, may heaven defend us. The evidence was so clear that an indictment could not have been avoided, and failing to ap pear, the bond would have been for feited to the state, and the criminal could have been rearrested and tried for his oflenco, If ever found, and the state would have been protected, but as It Is, the stato'wos sold out with the accommodating purpose apparently, of giving the defendant's attorneys an opportunity to sccuro their fes from their guilty client. They looked well to the Inter ested their client and cleared him, but pray tell u who looked after the Interests of the state of Ohio. In view of all the facU It would appear that Mr. I. S. Metcalf was not hitting very wide of the mark In his first art! cle and considering the unsavory cliaraii. terol his revlower'sconnectlon with this affair, he made such a monumental ex hibition of audacity and cheek as to lead us to ask, "Now, In the name of til the godf at one, Upon wht moat docth this, our Ceutr food, Taat h hu grown to greit." A man who could write that he bad defended many criminal In the course of his legal practice, for many of whom be had sympathy, all of whom he pitied, but had never defended one who could better his condition by exchange lng places with Mr. I. S. Metcalf, ought to have hi garment a pure and unspotted a an angel', without the re motest suspicion of ever having given a bribe by Indirection, or covering it with the very thin veil of pretence of payment of expenses, which he had no legal or mural right to pay. Mr. Met calf Is an old resident of Elyria, of of spotless Integrity and unblemished character, and the charge made agalnat him, because he ventur ed to call attention to a very grave stale of affair In the criminal practice of our county, wu simply Infamous, and can only be explained on the supposi tion that the author hoped to so Intimi date, as to prevent possible revelation which must Inevitably smirch his own garment. In conclusion, every possible effort ha been made to loduoe Mr. Nye to withdraw hi name from the canvas. the situation ha been plainly put be fore him ; ho was warned that he would have to meet these facts 11 he persisted In his candidacy; but still, apparently under the advice of unwise friends who seem determined to push him through, be continues in the field. 'We again protest that he Is not a proper or an available candidate, and in the interests of political purity, to avoid the very appearance of evil and In the in terests of harmony, we insist that he ought to be defeated In the convention. Whatever, may be the consequences to Indlvduals, the party must clear her skirts. Bhe must not be made to carry any dead weights, even on a local ticket In this campaign. We believe that Mr. Nye cannot command the support of delegates from this part of the county, and If nominated thore can be no doubt that it will cost the party many votes which we can ill afford to spare. PROSECUTING ATTORNEY. A Comparison. The Republicans of Lorain County wll be called upon to put in nomination can didates to fill the various offices, among others that of Prosecuting Attorney. Two names are presented, that of D. J. Nye, the present incumbent, and A. R. Webber. It is urged in behalf of Mr. Nye that he has held the office but one term of three years and should be endorsed according to a time-honored custom. Whether Mr. Nye is i orsed or not depends not so much on the custom as to whether his record has been such as to merit the endorsement. There is no office in the gift of the peo ple of the county where strict honosty, in tegrity, fair dealing, ability and good judgment are called for as in the office of Prosecuting Attorney. There is no office in which the people's money can be used so much at the discretion of their public official as this. Lorain County has been exceptionally favored with the best material the bar could produce for this office, with but few exceptions. It has seemed to be the fate of Mr. Nye to have everything he touched fall to pieces. A few weeks ago mention was made in tho Elyria Republican that his administration had not been a success whereupon he came out with an article and demanded a comparison of bis record with his predecessor' and produced what he claimed statistics and records to prove his statements. The writer of this, living too far from the records, has not looked that record up, but other have and a showing made that prove the often re peated statement that he is a signal failure as a public prosecutor. Seeing he has asked to be judged by the record, a few facts and figures are sub mitted. We will take the record of con tested cases In the past eleven years. During Mr. Nye's three years, eight men have been tried nnder the liquor law. Three have been acquitted outright and in one case the verdict was set aside and the case never tried again, the evidence not being sufficient to warrant a conviction. Out of thejremainingfour, one Indictment contained twenty-four charges and the de fendant was found guilty on one only and acquitted'on twenty-three. In another of the four the indictment contained fifteen charges and the defendant was found guilty on one and acquitted on lourteen; or, In othor words, out of eight cases the State was sustained in two and substan tially lost six. Again, the felony cases show that sev enteen men were put on trial for high crimes, nine were acquitted and one ot the remaining eight was convicted of assault and battery, while the Indictment charged him with assault with intent to kill, and costing the county about $300, the de fendant admitting from the first that he would plead guilty to assault and battery if allowed. Of the remaining seven, two were charged with murder in the first de gree and convicted of the second degree In each of these two cases the State was beaten for they ought to have been bung. This leaves a record showing that out of seventeen felony cases brought, the State sustained the charge in only five. Again, look at the record of the trial of the misdemeanor cases. Of these, seven were tried, throe were acquitted and after the conviction of one of the four the court released the defendant on tho ground that the prosecuting attorney did not properly draw the Indictment, leaving out of the seven tried, only three convic tions and four acquittals. Or, putting all the trial cases together, we find that thlr tv-two cases were put on trial and the State tailed to sustain its charges twenty, two times and succeeded in ten. But be has asked that a record of his predecessor be compared with his, and it la no more than fair that it should be done so the record of the eight year preced ing hi term of office i presented. Whole number of trials under liquor law 18; convicted, 17; acquitted one. Whole number of trials for felonies, 41 ; conviction, 89 ; acquittals, 8. Whole num. ber of trials for misdemeanors, 88; con victions, 20; acquittals, 4; or in other words, out of S3 contested cases, 83 were convicted and 7 acquitted. Or by way of comparison, nnder Mr. Nye' administra tion giving him the benefit of every case tried whether the party was convicted of a lower degree than the Indictment charged or not, be failed 7 times where hi prede cessor did once. A failure to convict mean one of two things, either sixteen guilty men escaped merited punishment or else 18 innocent men were disgraced by being publicly tried for crime. It mean also that the tax . payer money wa lost by , those failure. The record will ahow that tome of these cases where acquittals were, had cost the county $1,000 and the others rang, lng from $100 to $100. Seeing that the public have been invited to examine his record, it mav be of interest to know how much money has been paid out to other attorneys, to assist him in the discharge of his duties as public presecutor. A statement has been sent us, showing that during his term, which at the present has consumed two years and nine months, $845 has been paid for help, in the trial of these cases above named. To treat him and the publlo fairly, the question of as sistance to his predecessor, for the past eight years, was looked up, and we find that his predecessor has received for the eight years, $185, or $23 per year, and Mr. Nye $120 per year, or nearly six times as much as his predecessor. Lest it be said that Mr. Nye had two murder cases to try, we will answer by saying that his predecessor had the like number. While we are on the question of paying other lawyers to assist our prose cuting attorney, it may be well to say that for the past lour years the law has been that the prosecuting attorney shall be the attorney for the county officials, an) tnr Ma oArvippa tlm rnmmlraioners shall make him allowance every Decem PEOPLE'S BENEFIT! FOR THIRTY' D-A.1TS.. We wul soil the balance of our SPRING and SUMMER CLOTHING -AND- FIJRXTXSEJ2TG GOODS FOE MEN AND A number of job and broken lots at two-thirds cost. Manilla, Mackinaw and . STRAW HATS AT ONE-HALF PRICE COME EARLY AND MAKE YOUR SELECTION BEFORE THE ASSORTMENT IS BROKEN. . JL. IMZ. FITCH, NEW YORK CLOTHING HOUSE. WELLINGTON, OHIO, JULY 15, '84. A VERY CORDIAL INVITATION I extended to every child In Lorain county, We are showing the MEN'S, I am also stocked AND CHILDREN'S with a new line of nice goods for nr AmraTvtvN GENT'S Ever brought to this SHOES less variety of patterns, we cannot fall to please all. OUR CLOTHING Is unsurpassed in cut, stylo and workmanship, and we propose to offer GOODS at in Button, Lace or Congress. Men's TLOW SHOES in the best makes, which will be sold as PRICES. -THAT WILL CHEAP as tho SELL N. B. Mr. Powers In our custom dc partuient guarantees a fit and will satisfy tho most fastidious In regard to style and I. UVl BDWMA1I .finish of any garment LEVI BOWMAN, Hi 111 Mis Wiif." GEEAT BARGAINS -IN- , SUMMER GOODS! Otterbacker has a good assortment of Fly Nets and Fly Shades, Lap Dusters; &c, &c. Ills stock of Harness was never more complete, and for as low prices as were ever offered. WHIPO, THTJITIIS, OACH2ELS '. ' and all varieties of SPEC I ALT I B S . , - in hia line. Look over Us stock while the ber. Does Mr. Nye .draw his allowance ? It is sate to say he does, and yet whilo he is paid tor this service, the record shows that the commissioners are paying out hundreds of dollars every year to other attorneys for doing the very. work the law contemplates he shall do, and for which he draws bis pay. We cannot blame the commissioners, for in hiring other lawyers whoso services are worth something, they are only doing In their business what every one ought to do In his, employing help whose opinions can be relied upon. We do not wish to prolong this article, but as Mr. Nye wants to be endorsed we would like to know the reason why. If it Is the custom to endorse failures and inability to comprehend the business of the position, then the quicker the rule is abrogated the better. This office was not created as a sinecure for lawyers not capable ol taking care of themselves. The people must insist on having competent officials to occupy Important places. That it need not be said that this article was withheld until too late for a reply, we will suggest that Its truth or falsitv can be as. ccrtained on the day of the convention by taking the trouble to examine the rec ords at the Court House. BOYS AT COST. man, woman and to visit our (tore. largest line of BOYS' In Our HAT city, and with an end We are showing a splendid variety of stylos in both SOFT and STIFF HATS. THEM. You will always find the correct styles, newest colors, finest goods, In our large stock. mww. entrusted to him