Autobiography of Charles Clinton Nourse: Prepared for use of Members of the FamilyNourse, Charles Clinton
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Autobiography of Charles Clinton Nourse: Prepared for use of Members of the Family
Nourse, Charles Clinton
Iowa -- Politics and government; Lawyers -- Iowa -- Biography; Nourse, Charles Clinton, 1829-
secretly and immediately lest the mob might seize the accused and
commit violence. We also advised him to discharge the jury from a
further consideration of the case, as their verdict found under the
influence of threats would be worthless, and that he ought also in
vindication of his own court to thoroughly investigate the question as
to who was guilty in sending or permitting a threat to be communicated
to the jury. Instead of being influenced by our advice Judge Maxwell
had the jury brought into the courtroom for further instructions, and
told them that great excitement and feeling prevailed in the community
in regard to the case, and that it was important that the jury should
not disagree but should find a verdict in the case. The next morning
the jury brought in a verdict of guilty, and the defendant waiving time
for sentence, Judge Maxwell had the prisoner brought into court. The
courtroom was crowded by an excited mob, and the judge took occasion to
harangue the prisoner, denouncing his conduct in the most vehement
manner. He then sentenced the prisoner to imprisonment in the
penitentiary for life. That night the excited mob broke open the jail,
took the prisoner from his cell with a rope tied around his neck, and
hung him to a lamp post in the court house square. The opinion of most
of the persons who paid any attention to this trial was that there was
no reliable evidence of Howard's guilt, and that the probabilities were
that the whole case was manufactured for the purpose of securing the
reward offered for his conviction. Whether or not the reward was ever
paid I have not been able to ascertain, but certain it is that the
cowardice of the court and the indiscretion of the public press were
responsible for the murder of a man who, to say the least of it, was
never proved guilty by any competent evidence.
We had among the distinguished judges that acted as teachers in our law
school at Transylvania University a very eminent jurist who sometimes
when he felt merry treated the class to that which was not only
instructive but also entertaining. On one occasion he delivered to the
class the following:
Young Gentlemen: You will find that the general principles of the
law are few and easily comprehended, but in their application to
the ever-varying transactions of human life the best of minds will
differ, hence arises what we denominate the glorious uncertainties
of the law whereby we have our bread.
The case that I am about to cite would satisfy the most credulous that
there are other causes that produce uncertain results besides the
difference in applying the general principles of the law to different
cases.
Public-domain text, read in full here on John Shaqi.
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