Pierce Butler

“ The Court, putting aside — they are utterly without merit — all other claims that the constitutional rights of petitioners were infringed, grounds its opinion and judgment upon a single assertion of fact. ”

“ He expressly announced he was there from the beginning at the instance of friends of the accused; but not being paid counsel asked to appear not as employed counsel, but to aid local counsel appointed by the court, and was permitted so to appear. The defendants were represented as shown by the record and pursuant to appointment of the [p75] court by Hon. Milo Moody, an able member of the local bar of long and successful experience in the trial of criminal, as well as civil, cases. We do not regard the representation of the accused by counsel as pro forma. ”

“ Moody was denied such opportunity, or that they were not, in fact, fully prepared. The amended motion for new trial, by counsel who succeeded them, contains the first suggestion that defendants were denied counsel or opportunity to prepare for trial. But neither Mr. Roddy nor Mr. Moody has given any support to that claim. Their silence requires a finding that the claim is groundless, for if it had any merit, they would be bound to support it. And no one has come to suggest any lack of zeal or good faith on their part. ”