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Show $ VOL. HI. AMERICAN FORK. UTAH, SATURDAY, NOVEMBER on THE FATE OF TIBERIUS GRACCHUS. of his accusers before the people, but, finding he had gone too far, wan glad to withdraw from an untenable position before he had proceeded to Like many other any great extent. popular leadere, he had lost all In the elation of a first suc- 7, 1890. TJIE JUDHE'S SECRET. cution at times with an Impassioned manner that almost amounted to a madness. I remember an old lawyer in the courtroom remarking: "Well, I never have seen an attorney so thoroughly Identified with his client's interests before." Col. Palmer's argument to the jury, aa 1 said, was a moat Hia face waa pale masterly effort. when he arose and walked to the jury box. Ilia voice, although stern and full, trembled aa he cried out: "Gentlemen of the jury, God la my witness when I auy to you that I am here to plead for the life of an innocent wan. He made but little effort to controvert the damaging evidence against hie client. His address was mainly a passionate appeal for mercy for an innocent man who was the victim of peculiar circumstances. He ended hia speech by holding the Bible high above hie head and saying: "As true as the Holy Book 1 hold in my hand, so true la thia man innocent. I aay to you, I know it. You may call it IntuiUon if you like, but so sure aa you convict him you will have the blood of an innocent man upon your heads." The verdict waa guilty and ITaatlnga was sentenced to be banged. Hie case was appealed to the Supreme rourt. and the decision of the lower court was affirmed. An application waa made to the governor for clemency, and a petition bearing the names of many prominent rltlzens of Monnre county was sent to the chief executive. Col. Palmer was leaving no stone unturned to save his client. The strain nml hard work was telling on him. He had grown emnciiiled, and more lhan once had been ill from nervous prostration. The governor refused to interfere, but intimated that he might give Hi" rase a more favorable consideration if the presiding judge recommended a comminution of the sentence. This was regarded ns a forlorn hope, llio determination of Judge Currow to suppress crime being fo well known.- The day of the execution was near at hand and Monroe county was preparing to witness its first hanging In mr.r.y yenra. Then, like a thunder clap came the news that the governor had pardoned Andrew I ladings. Not even a commutation of the sentence to life imprisonment had been looked for, but here waa an absolute pardon, and the murderer with a shadow of the gallows already over him waa a free man. It was some time before the people could be made to believe that the news was true, Rrnl many did not believe it until Hastings wan allowed to walk from the prison unshackled. The only renson the governor assigned was that Judge Carrow had requested it in a private letter, and the appeal was such as not to bo disregarded. But why did Judge Garrow make such a request? His honesty was above suspicion, his Integrity was undoubted, and his firmness could not he questioned. Yet, after dcriaring It his purpose to check the lawlessness then existing by the strong arm of the las-- , self-contr- ol The year 168 14. C. saw the birth of tn eminent and popular Roman states-naTlberlua lie canto of tn llluatrloua and ancient family. Ilia n, Graci-huo- . lather, Sempronius, had been Censor tnd twice Consul, and hia mother was t daughter of the first Scipio Africanua. Rome bad now existed about six hun-lre- d years, count. I tig from the date assigned for ita foundation. Dur-n- g this period the progress of the itate had been at fatly and almost unbroken. The once insignificant city had trown into a mighty republic. The effect of this expanded rule was remarkable In many ways. The subjection of several widely distinct races to a common government tended to a certain amalgamation of human interests, which was a real gain to the world. On the other hand, tho old Roman slock was to a great extent debased by foreign importations. Iairge bodies of Romans had gone forth to the distant provinces, and their places were supplied by inferior immigrants from other parts of Italy and from Dihcr outlying provinces. The voters, in whose hands was the actual power of determining the policy of the republic and of choosing Us executive officers, were for the moat part descendants f families not Homan in their There were the "novl hoorigin. mines." the "new men, whom those of purer lineage looked down upon, but who were nevertheless Important members of the com mo wealth. The three hundred "gentns, who la primitive times formed the patrician class, had dwindled down to a very snrdl numb: r; and at the bottom of the social scale were hordes of poverty-stricke- n and turbulent people, discharged soldiers and others, who, owing to the abundance of slave labor, were unable to obtain employment. Thus a large pro- us-lal- ly had forbidden any clitr.cn to hold more than tfiree hundred and twelve acres of the public land. Gracchus now proposed to modify this regulation to the extent of allowing each of two sons of a family to hold half that quantity In addition, thus bringing up the total to about six hundred and twenty-fou- r acres. Any exccu on this amount was to be surrendered to the state; but those who willingly complied with the requirements of the law were to receive compensation for any Improvements they might have made during their occupation. All public lands were to be vested In three commissioners, to lie elected by the tribes; and to these functionaries was assigned the duty of distributing the state domains among needy citizens. The sale of the new allotment was prohibited a provision by which it was hoped to prevent the of small into large estates. This, of course, was met with bitter opposition on the part of the wealthy and privileged class. Having held their vast estates during many generations, they were naturally alarmed at the The prospect of beiug dispossessed. time arrived for Gracchus to move his law iu the forum. Having finished his opening speech, he directed the clerk to read the words of the enactment before it v.us put to the vote. This was forbidden by the Tribune Octavius, who had been won over to the side ni privilege; and Gracchus declared that he would again bring on hia measure at the first opportunity. Exasperated at the opposition encountered, Gracchus was driven to acts of a violent and unjustifiable nature. He laid an interdict on all public functionaries, shut up the courts of law and put a eeal on the doors of the treasury. He also struck out the compensation clauses of cess. nous effort to conHe proposed to make the three comvince n Jury of the missioners Judges without appeal on innocence of the disputed question with regard to propprisoner. Many erty in land. The distribution of the years ago it was public domains under the recent act that the noted had been carried out with extreme diftrial took place, but ficulty, owing to the host of claimants the scene all comes back to me an and the trouble of determining boundvividly as at tho time it occurred, now aries eo as to satisfy all. Many allot- (hat a startling revelatlun has recentments had been made where the titles ly been made, after the death of the (o possession had been lost, and perjudge who sat upon the bench. sons holding under these conditions Although not more than a boy, I witfeared their newly acquired property nessed the trial of Andrew Hastings would be jeopardised at the caprlre with more absorbing interest than anyof judgee capable of being ewayed in thing else in my life has since awakany direction by the varying passions ened. I remember the gestures, the of the hour. Gracchus considered hie impassioned face of Hastings' attorney, Col. George Harvey Ialiner, and 1 can popularity endangered, and considered It necessary to vindicate hia con- almost repeat tho very words he uttered when addressing the Jury. It was duct by deposing Octaviua a wonderful defense he made wonderAs the people showed signs of falling ful how he fought every inch of ground, d off from their champion while a chain of strong circumstantial llie opposition of the Benate fccame evidence was tightening the halter more marked. It was evident that the about his client's neck. Ills following year, when the democratic of the slate's witnesses was so leader would no longer occupy the po- exhaustive, hia pleadings to the judge sition of tribune, he would be violently and to the eo earnest as to urouse jury assailed by the aristocratic party. The the sympathy of many in the packed danger appeared so real that Gracchus courtroom. It was, as I remember, the as the first Important case wlih which Col. j offered himself for only means of proteetlng hie life Palmer had been connected In Monroe To county courts, lie had moved to Alaagainst the threatened violence. draw over the great mass of the citibama from Virginia and had been in zens, Gracchus proponed various meas- his new home but a few months beures tending to reduce the period of fore the Hastings miiruer case became the tho sensation of the hour. military service, to nopularise formation of juries, and to provide an Last week Judge James C. G arrow died in Monroe county, Alabama, and appeal from the law courts to the of the people... These meas- among his papers was found a stateures, which he did not live to carry, ment, in connection with the staterestored his reputation wi'h the masses, ment written to be made public asafter bis death. 1 have read that statebut the oppos.Mnn to hia sumed a very serious form. It was ment, and it, in coneetion with the contended that the same man could no trial of Andrew Hastings, makes such lie chorcn in two successive years, ami a remarkable chapter of court history that I have written it ail down here. the assembly was sdjournrd to the folIt was In the days of the noted lowing day. when the matter might lie kian, that organization which more fully riebMrd. The electors into life in the south during vprang next morning at the capitol. the memorable days of reconstrucIn the midst of an angry tumult Flu-vhFlaccus came out of the wnW to tion." ;t is supposed that tho organinform the tribune that his death had izers of the klan originally intended to control the suddenly freed slaves by been resolved upon. The latter hi3 friends to help him, end appealing to their superstition, for the kuklux gave birth to hobgoblins, armed themselves with staves and they and spooks, and was shrouded ghosts e. waist-ancprepared to make a desperate In the most profound secrecy and. mystery. But the klan soon became chargeWhile passionately addressing the able with many inexcusable and outpeople Gracchus raised hie hand to his rageous crimes. Some time in the spring of 1867 the head to indicate that his life was in danger. "He demands the diadem!" Judiciary began to take active measwas shouted by the senators, who knew ures for the suppression of violence that no better means of ex fling the attributable to the klan, or, rather, to prejudice of a large number could pos- the lawless bands calling themselves sibly be devised. Sc'.pio Naecia, a prin- kuklux, for the original organizaliou cipal man among the nobles, urged that had by that time ceased to exist. On March 14, 18C7, near the town of "the tyrant'' be destroyed at once, and the state saved from ruin. The consul, Claiborne, Monroe county, Alabama, Amos Bivins, a camp follower of the Scaevola, however, refused to act with union army, who had opened a store to while opviolence, hasty promising In Claiborne, was found dead on the enpose, bv all legitimate means, the actment of unconstitutional measures. side of the public road. He had been The beaten to death with a club or some Xuscia thereupon exclaimed: other heavy weapon. consul is betraying the republic! I.et "Another kuklux victim," was the those who would save their country and with this the public follow me! He thereupon rushed to- were verdict, to discard the people matter ward the capitol, followed by a few from disposed but further consideration, any nobles and other partisans who having Garrow was one of the most Judge broken up the benches, were provided earnest among officers of the law, who Gracchus hnd decided the time had come in the with temporary- - weapons. flew to the Temple of Jupiter, hut found south for the suppression of crime. lie the doors had been closed against him instructed the sheriff to make a most by the prints. In the agitation of the thorough investigation, and, if posmoment he stumbled against a dead sible, to bring the murderer or murderbody and by a strange coincidence, ers to Justice. certain to be remarked by a people It did not take long to fix the crime I AM THE MURDERER, given to the interpretation of oc- on Andrew Hastings, who clerked for cult signs, fell before the statues Bivina. The evidence against Hastings, he deliberately used the power of his As he rose, while circumstantial, was very strong. offire to free a man ronrirlod of n of the ancient kings. What could it one of his own colleagues struck him Having been raised in the south, Has- most foul murder. on the head with a club, and another tings bad no love for liis employer, who mean? The judge would explain. But quickly dispatched him with a second was regarded as one of the despised the judge did not explain and his siblow, Meanwhile, a furious riot was class of carpel baggers' 'in those days. lence through all there years has kept er.se one of the strangest proceeding In the open space. Several He finally quarreled with his employer the Hastings of tlie for murder my Klerks the union were slain unexplained insultjng reproved of the tribune's adherents upon the epot; some were' driven over Fuhliers and negroes who traded at tiic of Alahania. When questioned at the the edge of the Tsrpeian Rock; alto- store. Witnesses testified to this quar- time the Judgo said: "I had just and resulted in Hustings being FufTicii-n- t reasons for acting ns I did. gether more than three hundred of the rel. which and Tint" and time has this case and its there was an abundischarged, in the side conflict, perished popular evidence to the fact that as strange denouement coinn before my of dance ami were thrown ignominiourly into lie was heard to remind, end ofien have I tried to reach the Tiber. The body of Tiberius hlin-se- lf hp left Hie store fix the d Yanker." a solution which would lie "I'll mark: brother llis was thus treated. It was only two nights after Has- to myself and leave no suspicion upon I Vue tugged that lie might be tilo-Aethat Bivins was killed. th" mcr.ir.ry of n mmilier of the Juto bury i:p corpse. with all the custom- tings discharge swore witnesses that Hastings diciary, whose character had, always Two exary fun thI rites; but iu the satsge to borrow a shotgun from them been above reproach. ultation of their triumph, lh sen at u tried It ia all char now. Judge Garrow on the day prior to the murder. It was refused his prayer. also proven that Hastings was heard has passed to stand himself before a The conflict with the senate did rot to say when speaking of tho killing: Judgo whose justice. It is to he hoped, eud with Hie death of Grjtchts. It was The people ought to give the man who will be tempered with exec-dingreat renewed on a wider scale P.nd with illj it u vote or thanks." mercy for us ail. I hare before me this more deliberate aim by his brother. Added to ail this was the fact that fiiulrment, published in a Monroe and I give it here us the Caiu.i Gr.irrhu I, win), on his elevation Hustings could not ucroiint fur his county to tlie tribunal: (1 JI). at on-- " tame for- whereabouts on the night of the kill-lu- g sequel to what I have already rebetween the hours of eight and corded : avowed enemy of the senward a:t "To Those Who May lie Living ate. Caiu.i, iike his brother, wi.i iin twelve o'clock. Bivins left his store sc'ilvd agrarian reformer, nnl lout his about ten o'clock to go to his heme, When I Am Dead: I believe if nny life in a riot some ytar later. The und it was presumed he was killed a shall desire to look into tny life history they will find nothing that posiigrailuii rcfoi ins of the Grterhl had row minutes uficr that hour. When on trial Hastings stilted that terity shall i'u nsdinnied to read upon lit'le permanent effeet. Ev"U in of Uaiiis, the clause in his he had gone 'possum hunting alone, my graicstonc. Yet there is one transbrother's law rendering the new hold- leaving home about eight o'clock and ection or tny career ns criminal Judge one o'clock the next wlih li demands of mo nu explanation. ings linii'enslilo w.ts rcpcald, anil the returning about was for this purpose he In truth, I should have been nudy to It murnlng. inn n ( ahsorpl recommenced. proerss t.ttrmptcd to burrow a gun. He proved meet that demand before I passed In 118 n stop was put to flintier allotment of ncfiipied lands, and linnlly in that it was his custom to go on these away, hut I was so placed that my hunts by himself, with his pre- lips were sealed. Tho wrong (if wrong Hi the whole position of tfio agrarian bight vious good character, this wus all there I did) was in allowing myself to he wan altcied law. ft which by question defense. hampered, hut justice to on innocent converted all land still held in iirtupa-tto- n was for the But Col. Palmer made the most of tt man weighed in tlie balance against into private lane'. md fought the evidence of the prose unjust suspicion toward myself. once-truste- cross-questioni- ku-kl- m ed DEATH OF TIBERIUS GRACCHUS. portion of the electoral power was wielded by men whose desperate fortunes unfitted them for such a trust, while, st the same time, the great offices of the republic were mainly engrossed by the remnants of the old patricians and by the newer aristocracy created out of the ancient plebian families. To the same comparatively small class also belonged the vast estates which had of late yearn been made from the small farms of peasant proprietors and which were now cultivated by slaves. A condition so serious could not but attract the notice of thoughtful men. The corruption of the social and political state was especially obvious to Tiberius Gracchus, whose father had from an early age enlisted his sympathies on behalf cf the poor and the humble in thrir struggle with the oppressive nobles and the s. While still very ,orrupt joung he served with distinction in It was several military campaigns. while passing through Etruria that he was powerfully struck by the decline of prosperity and of national life In one of the most fertile anil magnificent districts of Italy. The old Etruscan citiesbad fallen Into dfcay: the of the ancient race, oner the instructors of the Romans themselves, were diminished in number and debased in spirit. Vast iracls of country were given up to pasturage to tho unprofitable support of swine and buffaloes and to the ravening of wolves and hears. About 131 B. G. Tiberius Gracchus was elected to the tribunate as the representative of popular principles and of the demand for reform, lie was in eloquent speaker, and on assuming o'Dce lost no opportunity of comparing he existing state of Italy with that ,f former days. The renudy for lh" rc vailing evils lay. in the opinion of :l.o young tribune, in a restoration of ste class of small landed proprietors. He therefore introduced a hill far the reviving of the I.hlnian laws of If 7 B. C.. tho object of which was to prevent the accumulation uf large of tho public domains in the ttinds of single proprietors, Liciniua office-holder- per-i'eri- it his bill and thus defied the large landowners to the utmost. The assembly met again, but Octavius once more interposed and a second timo defeated the measure. The popular disappointment nearly led to a rfot, but Grac-ehu- s consented at the request of two friends to refer the matter to the senate. Gracchus, however, was received wlth'gsvat disfavor by that body, and on returning to the forum he announced that at the next meeting he would bring forward his hill for the third time, and that if the same opposition slioubl occur again he would propose the deposition of Octavius. The latter, however, remained faithful to 7:1s wealthy patrons, and when the time came Gracchus moved that he should be stripped of the authority which the people had conferred upon him, but which be had used to their injury. This was carried; the deposition was pronounced, and Octavius was dragged from his seat. The way now being clrcr. the agrarian law of Gracchus was carried. At this time Attains oT Irrgamus bequeathed his kingdom with all perennul landa and treasures o tho Roman people, and Gracchus gave notice that he would propose a. bill fo provide that the riches of ihe 'deceased king should he distributed among recipients of tho public lands, who would i:i this way bp enabled to purchase stock and erect farm hui'.dinga. He also declared that the management of the kingdom of shoe IT In confided entirely to the popular assembly. This was a positive ('.rciaratiim of war against on of tho most ancient and important bodies of the stale, nd It nat'iialiy roused bitter opposition. It was now determined to phiy a ga.n which in former times hail frequently proved Rllorr!;-fu- l. Ier-ganv- tis A trumped-u- p rlia-- p whii pn: in circulation to the effect that Grac'-loibail Kcccpted a diadem and purple robe from the envoy of the Ir.t King Attains and a d're.--t ccnailon that he was rcignty was brought riming Hi the against him in '.lie mute. wher.- - h was also charged wi'h having violated the constitution by deposing his colleague. Gructhiiii threatened to Indict NO. 48. saiL-f.ictnr- j This single act of mins for which I may have horns public condemnation was the part I took in securing a pardon for one Andrew Hastings, arraigned and convicted of the murder' of Amos Bivina at the fall term of the Circuit court in Monroe county, Alabama, October, 1867. Without any attempt to criticise tho motives of those who thought It wise amid scenes of desolation and lawlessness to hold in check the paaelona of suddenly freed slaves by an appeal to their superstitious fears, I, with others of the judiciary, determined that the time had come in the south to restore law and order. With the determination to make an example of tho first case that came under my jurisdiction, I refused to interfere in the death sentence of Hastings. To this decision I clung, although dally importuned George II. Palmer, Haatingi' attorney. Never In my experience on the bench had I seen such persistence and dogged perseverance aa that lawyer displayed. He came to me one day a week before Hastings was to be executed and aid: 'Judge Garrow, suppose I should give you proof that another man killed Iiivine, would you recommend hia pardon? I replied that if the proof was such as to convince me of its reliability I would certainly feel called upon to interfere in the condemned man's behalf. 'But, Judge,' he continued, you will have to give me your solemn assurance not to divulge what I relate to you.' "I demurred to entering into anjr such compact. 'Remember,' ha cried vehemently, while you can wrong no man by your alienee, yet if you do not listen to me you will allow an innocent person to die upon the gallows. I swear thia before the living God. Ills manner aa much as anything else overcame my scruples, and I gave him tny promise 'so long as I live not o reveal any statement he might make 'o me. Then he said: " Judge Garrow, the man Amos Bivina met hia death as an expiation for a crime he hod himself committed. In Virginia Just beforo the close of the war, with a squad of marauding sold lore, he entered the home of a man who waa bearing arms in defense of the very fireside that waa being ruth-lowInvaded and desecrated. Mother and children had to flee in the night, and she, the mother, met her death from the exposure and fright This man Bivins was tlie only one recognized, aa lie had sold goods about tho community from a peddler's pack. Tho hand which laid the blows upon hia head may not hare Intended to strike life away, but reason lost ita sway, and there was naught to stay the avenger's hand but death. He paused a moment, and, letting his hand fall heavily upon my shoulder, he exclaimed huskily: " Judge Garrow, I am the murderer! "He brought to me the hickory stick,, dark In plaree with the stains of dotted blood. I reviewed his history, hie conduct of the case, how he had expended money and devoted hia time with no hope of any remuneration; I looked into hia face, and I knew he iiad spoken the truth. I believe if It had not been for what he considered the justice of hia cause and his little children, he would have surrendered at the first. It waa undoubtedly hia intention to have saved hia client even if the last resource should hare been to take the prisoner's, place upon the gallows There was nothing left for me to do but to urge the pardon of Hastings, and . that I did. J. G. GARROW, Judge Monroe County Court." It is not often desired to resurrect unpleasant memories, hut sometimes Justice to the living and to the dead demand that tlie sepulchers of the past be invaded. So I have given this bit of history, believing that I am justified in doing so, even If I hnd to drag from Us grave such u ghastly skeleton as Hie kuklux klan. Atlanta by-Co- ly CoartruiiKil Poflrr. "Roil It down" is a pretty good newspaper maxim, but even a newspaper maxim needs to be obeyed with dis-ereti- Charles Metcalf, who has been writing advertisements for a drama In New York City, had an unpleasant experi-encIn connect Ion with a compositor of one of the great dailies of that city. Metcalf wrote n poetical advertisement, as follows: From half-paeight till half-paten. You iauch and laugh and laugh agHin. Imagine his surprise when a matter-of-fa- ct compositor set up the advertisement und it appeared: From S:30 to M:;to You laugh and laugh and laugh again. Pittsburg Dispatch. H st st I lint Whst lie rllct Fer. "Here, waiter, can't you fill nn order :ii t liis restaurant? I called for roast iieef nml a baked potato. Here's the potato, hut where'H the beef?" "Unduli do p'tutnh, sah." Bad egga kill the mark A |