2

my mind so clear and decisive in fa
vour of a reversal, that anticipating a
reversal I did not wish to give an
opinion which might in some measure
infuence a second trial -

You will see by my opinion that
I viewed all the proceedings as erroneous
and void - The preservation of the trial
by Jury in its purity being above every
other consideration I could not yield
to the opinions overruling me - To me
it has appeared so much like a trial
when substance if not form has been
departed from that the restoring him
(The prisoner) to society would be of
less evil tendency than that the
constelation should be violated to reach
him -

For myself and with all due
deference to the opinions of others - I
recommend M^cClure as a fit and