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- ' 8 Devoted to the Interests of the Farmers' Alliance and Industrial Union and Other Kindred Organizations. VOL. in. NO. 23. TOPEKA, KANSAS, WEDNESDAY, JANUARY 27, 1892. $1.00 PER YEAR. BRENNAN A FREE MAN. Pat Coney's prophecy that Sam Wood would be murdered and that bis mur derer would not be punished for his crime has been literally fulfilled. Owing to the impossibility of procuring a jury in the county where the crime was com mitted, the attorney general has entered anoKs In the case and the prisoner has been dismissed. The reason assigned for this course is that, had the case been again called and a jury not secured, the prisoner would be entitled to a discharge under the statute which would have operated as an acquittal. The course pursued by the attorney general leaves Brennan subject to rearrest if the condi tions are ever such that he can be tried. At present Brennan is a free man. The law is powerless to punish this cold blooded aasasouir The Kansas Democrat of January 22, published an Interview upon the subject which we reproduce, that should be read by every citizen of Kansas: Attorney General Ives is strongly in favor of calling the legislature together at once. A Democrat reporter discovered this fact to-day while in search of information on another subject. Mr. Ires was asked if the release of Bren nan, the assassin of Col. Sam Wood, might not intensify the bitter feeling existing in Judge Botkin's district and possibly lead to further trouble? He replied: "Some of the late Col. Wood's friends, who do not un derstand the situation, may not feel right about it.' "It you intend to publish anything in reference to that' matter I wish you would state it fully, so that the people will have a clear understand ng of it. "The course I took was the only one left to the state, if we ever hope to try the case. The statutes of the state provide that if the state fails to bring the criminal case to trial at the second term after information has been filed, where the defendant is in custody, that he shall be entitled to be dis charged for the offenses for which he was committed, unless the delay shall happen on account of the application of the prison er, or shall be occasioned by reason of the court not having time to try the case at that term. "I endeavored, in November, to obtain a jury in Stevens county to try the case, and could not. There were 197 men called into the jury box and not one juror positively obtained. And there were, I was informed by good authority, but fifteen more persona in the county subject to jury duty, and a part of those were disqualified. The state had six and the defendant twelve perempt ory challenges, so you see it would be im possible to get a jury. "I attempted to take a change of venue to tome other district, but our supreme court has decided that cab only be done upon the request of the defendant, so that if I did sot nolle the ease upon the adjourn ment of the present term of court, Brennan would have been entitled to a discharge, which would have operated as an acquittal. By entering a nolle, I avoided such a dis charge and as the statutes of limitation do not run against murder, the case oan be commenced again whenever a jury can be obtained to try the case." Should there not be some way provided by which the state might secure a change of venue in such cases? 1 1 do not know about that: The consti tutional provision that a man can only be tried in the county or district where the crime is alleged to have been committed, is as old as our government,and it was thought by the f ramers of the federal constitution to be a good one. "One of the counts in the indictment against George III, that was found by that memorable grand jury which met in Phila delphia in 1776, oommonly called the 'Deo laration of Independence charged him with transporting alleged criminals beyond the high seas for trial. To provide against outrages, the framers of our federal con stitution provided that all persons accused of crime should only be tried in the district where the crime was alleged to have been committed. This provision has been copied in the constitution of all the states. "The reason of the provision is that the accused might have the benefit of conven iently procuring witnesses for his defense and the benefit of his former good charac ter, if he had any, and have all its rights jealously guarded against any conspiracy that might be formed against him the law presuming him innocent until proven guilty beyond a reasonable doubt, and guarantee ing to him that twelve good men and true of his own country should pass upon the evi dence offered of his guilt. "This provision is a wise one, and one of the sheet anchors of the liberty of the citi zens, but the wise men who formed the con stitution, and thought they had guarded the rights of the people, never for one moment dreamed of Kansas under the control of an unchecked political party, would, in their greed to make holes in which to stick pegs, organize southwestern sand, wind and coy otes into counties with scarcely more people in them than were required to fill the offices, and thereby make it possible that the wise and benefioent provisions of the constitu tion should stand as a shield to prevent jus tice from reaching a cold blooded assassin, who chooses to shoot in the back a citizen in the vt ry door of the temple of justice dur ing the term of a court." Would the resignation of Judge Botkin, in your opinion, quiet matters in the south west? "It undoubtedly would have a tendency in that direction. Many of the people in that district believe, as did the majority of the Senate,that Judge Botkin should have been removed, and do n"t take kindly to his pre siding at courts in that district. But it would by no means remedy the great evil; so long aa it is impossible to organize a court where persons accused of crime can be tried by a jury, the troubles in that portion of the state will, in my opinion, continue. Murder cannot be punished until a jury can be ob tained to try the accused." What, in your opinion, is the proper solu tion of the problem? "In my opinion nothing short of legisla tive action, which will disorganize the farce of courts in those sparsely settled counties, and the attaohing of the territory to more populous counties for judioial purposes, will remedy the evil." Do you think that the next legislature will do that? "I see no necessity for delaying the mat ter till 1893. It should be done at once. The people elected members of the legisla ture to serve for two years, and they still have the power to aot The governor has the power to convene them, and should do so at onoe. Had it been in November when it was demonstrated that no jury could be ob tained to try Brennan, poossibly this last bloodshed might have been avoided, and what is true of Stevens county is true of several others, and murder may be com mitted in them with like results any day. "The greater portion of the people in those counties would be law-abiding citizens if they were insured of the protection of the laws, but a few lawless persons oan and do terrorize the whole community. The pro tection of life and property, and the good name of the state demands that no time should be lost in convening the legislature to remedy the evil." But it is alleged that the calling together of the legislature would injure the finanoial oredit of the state? "Yes, I am aware that a few politicians who claim to be leaders of the party whioh was dominant in the state claim to know better how to manage the affairs of the state than the people do, but this savors more of monarchy than of republicanism. "When did these few get a strain of the divine blood of monarohs in their veins, and from whence did it come? Will the whole fabrio of our government go to the demni tion bow wows' if the people have the saj ? Strange that they never thought of that when a majority of the same people who elected the last legislature were voting for them, is it not? What a brilliant recommen dation it is for the financial condition of Kansas that it has been demonstrated that in a large portion of the state it is possible to shoot a man in the back in the door of the court ho ise during a term time and you cannot punish the assassin, and that the troops have to ba sent to protect a judge when he opens court, and be sits with a Winchester within reach when he adminis ters justice from the bench." "These facts industriously advertised will make eastern capitalists break their necks in their hsste to reach Kansas to invest their money. Do you not think so?" ' But if the legislature is convened, might it not elect a United States Senator to fill the vacancy occasioned by the death of Senator Plumb? "I have no doubt that it would have the power to do so, and probably would exeroisa the right. But what of that? The laws of the United States provide that the governor shall appoint a Senator to fill a vacancy until a meeting of the legislature." "They nowhere, that I have ever seen. provide that the governor shall refuse to call the legislature together for fear that his appointee might be replaced by some body whom the representatives of the peo ple might see fit to place In the United States Senate. And if such were the case, that the legislature whioh represents the people in their majesty sees fit to choose another than the man appointed by the gov ernor, it certainly is in accord with the spirit of our government and with true republi canism to allow them to do so. "While it might not, possibly, be good policy to convene the legislature for the purpose of electing a United States Senator alone, yet oertainly it is neither good states manship nor is it good republicaniera.tosay that a large portion of the state shall go without courts, that life and property shall not have the protection of the law simply because in remedjing that evil, an officer who was accidentally appointed by the gov ernor might be removed, and one whom the representatives of the people choose, be put in his place. "There are other reasons why the legisla ture should be convened. If Kansas has a representation in the world's Columbian industrial exhibition, I feel satisfied that it can only make a reputable exhibit there by legislative aid. The last legislature failed to make appropriations for many of the state institutions notably, the educational institutions of the state. And there are various other matters whioh at the present time require legislative action. "The calling together of the legislature in an extra session is not so extraordinary as some might think. It has certainly been done in other nates, and even in this state there is precedent for it, and there are pro visions made in our law for convening the legislature when such a necessity exists. "It is true it would be attended with some expense, but the sending of troops and mu nitions of war to the different portions 'of the state in order to enable a judge to ait upon a bench with a Winchester within reach when no jury ojuld be obtained to try important cases are also attended with some expense, and if peace has her victories aa well as war, war is attended with expense as well as peaoe. "I am most emphatically of the opinion that suoh an emergency exists as would justify the calling together of the legisla ture, and the taking of steps whioh would enable the laws of the state to be enforced in the courts, and life and property pro tected." A Tear's Subscription Free. 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