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Food For Thought

January 12, 2023 by Peg Leave a Comment

Photo by Peg Redwine

Peg and I have been away from our U.S.A. home for almost 5 months now and we are each missing some of what makes our cabin on the Oklahoma prairie so special. Peg is nostalgic for kids, grandkids, great grandkids, siblings and friends, you know, Gentle Reader, the things most people get misty-eyed over. I feel her pain but, frankly, I find that what our current home in the old Soviet Union country of Georgia really needs to join the family of democratic nations is a good bowl of chili and some hand-rubbed and torturously slow smoked Oklahoma beef brisket accompanied by a few ears of southern Indiana sweet corn.

Photo by Peg Redwine

And while Georgia claims to be the 8,000-year-old birthplace of wine, a theory which Peg and I have certainly tested, I thirst for a cold Corona with salt and lime. One cannot truly swig a real draught of room temperature red wine as you can a long swallow of cold beer to follow the piquant spice of garlic and cayenne pepper. Tell me, is it any wonder these Georgians worry about some crazy Russian neighbor on their northern border wanting to once again invade them and take their most valuable natural resource, their wine? Russia has no chili, no brisket and nothing but vodka to drown their sorrows about pesky Ukraine; of course Russia is a concern.

I have written several columns about how America could better address Russian aggression than by throwing forty billion dollars worth of military assets into the same type of winter Napoleon and Hitler did. Russian generals January, February and March may not know much about military strategy, but they sure know plenty about the logistics of winter warfare.

       Photo by Peg Redwine
Photo by Peg Redwine

Why hasn’t Commander-in-Chief Biden read my columns and called to ask my advice? I would tell the President the same thing I would tell the Georgian McDonald’s and Kentucky Fried Chicken stores just two blocks from our Batumi, Georgia apartment that put out poor imitations of Georgian food disguised as quasi-American cuisine; they could make billions with a good bowl of real chili and a beef brisket sandwich. These Georgian people are smart and their traditional Georgian food is both tasty and interesting. This is probably due to thousands of years of mixed cultures from both Europe and Asia. But if we could just introduce them to what truly makes America so strong, Russia would not stand a chance.

I confess, it is not just the war effort that moves me. If we don’t get some fine southwestern chili and bar-b-q and succulent southern Indiana sweet corn soon, Peg and I are going to have to fly home and rely upon friends and family for sustenance.

Photo by Peg Redwine

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Filed Under: Family, Friends, Gavel Gamut, Indiana, JPeg Osage Ranch, Oklahoma Tagged With: beef brisket sandwich, chili, commander-in-Chief Biden, family, February, Friends, Hitler, James M. Redwine, January, Jim Redwine, March, Napoleon, Oklahoma, Old Soviet Union, Russian generals, siblings, southern Indiana, sweet corn, USA home, wine

Who’s In Control?

October 5, 2022 by Peg Leave a Comment

Photo by Peg Redwine

Peg and I were in our apartment on the seventeenth floor of our 90s-Era looking building at 6:30 pm (9:30 am Central Time) in Batumi, Georgia yesterday when the whole gigantic complex quaked and my chair, with me in it, moved. Peg had been out on the tiny open-air balcony watching hearty Georgians swimming in the Black Sea. She came right inside shaking about as much as the apartment. We had experienced earthquakes before in Indiana and Oklahoma so we realized why we suddenly had a complete loss of control over our lives.

Peg heard a loud crack while I, as oblivious as usual, just existed through the moment. It takes a lot of power to cause a 42 story high-rise apartment building to move even if it is built on the small mobile rocks that make up the Black Sea beach. After we decided The End was not yet here, we checked for damage; none was obvious but we now have less faith in our accommodations. Speaking of faith, we understood why there was a gold-colored statue of the Greek god Poseidon in the public square across from our home. Poseidon was the god of earthquakes and other natural disasters, such as floods and storms, you know, like the hurricanes currently attacking the Philippines, Cuba and Florida, among other victims. The residents of Batumi must have had to endure a lot of mini-quakes over the years and decided a statue to Poseidon might help protect them.

Apparently when we realize we cannot control our natural environment we humans create gods who can. It makes us more comfortable if we have something that can control Mother Nature even if it also has the power to destroy us. As for Peg and me, it did not help assuage our angst that earlier in the day we saw workers around our complex employing a couple of trucks and a crane that looked like they were leftovers from the Dust Bowl Era. It was apparent that the job was bigger than the tools even if the workers did not appreciate the problem.

It has now been about twelve hours since the earthquake and Peg and I have had the time to assess the situation. We know it was not the New Madrid earthquake of 1811 and it was not a harbinger of the San Andreas Fault we have all been warned about for one hundred years. Oh, that will come as, unlike never happening pots of gold at a rainbow’s end, disasters do eventually appear. All we can do is create more gods, or at least, beliefs, that something somewhere can get things back under control for us.

 

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Filed Under: Events, Females/Pick on Peg, Gavel Gamut, Indiana, Oklahoma Tagged With: Batumi, Black Sea, Dust Bowl, earthquake, Hurricanes, James M. Redwine, Jim Redwine, Mother Earth, natural disasters, New Madrid earthquake, Poseidon, San Andreas Fault

When Mercy Seasons Justice

April 15, 2022 by Peg Leave a Comment

Photo by Peg Redwine

For the past two weeks as a member of the National Judicial College’s faculty I have helped to present an online continuing education course to judges from several states. A significant portion of the course involved an examination of America’s penal system.

In general, the continuum of criminal justice runs from Deuteronomy, 10:21, to Shakespeare’s The Merchant of Venice, Act 4, scene 1. Deuteronomy provides:

“Thine eye shall not pity. It shall be life for life, eye for eye, tooth for tooth, hand for hand, foot for foot.”

But Shakespeare’s Portia pleads with Shylock to show mercy:

“The quality of mercy is not strained. It droppeth as the gentle rain from heaven upon the place beneath. It is twice blest: It blesseth him that gives and him that takes.

….

It is an attribute to God Himself; And earthly power doth then show likest God’s when mercy seasons justice.”

Gentle Reader, you have already discerned the Devil is in the vast distance of details between these two extremes. How should we as judges of our fellow humans devise and apply a sentence that is just for the individual in court and society in general?

The State of Indiana’s Constitution provides a foundational mandate for judges when it comes to designing and imposing sentences that both follow the law and are just; just to the defendant, to any victims and to the general public. Article I, section 18 demands that as to Indiana’s legal system:

“The penal code shall be founded on the principles of reformation, and not on vindictive justice.”

For judges to be “Strict Constructionists” and conservative followers of the Indiana charter, vengeance may play no role while reformation must be the goal. One of my fellow National Judicial College faculty mates was Judge Timothy Brauer from Oklahoma. The Oklahoma Constitution provides:

“The courts of justice of the State shall be open to every person, and speedy and certain remedy afforded for every wrong and for every injury to person, property or reputation, and right and justice shall be administered without sale, denial, delay or prejudice.”

Article II, Bill of Rights,

Section II-6.

As a member in good standing of both the Indiana and Oklahoma Bars, I am bound by the Constitutions of both states. Oklahoma’s reference to justice not being for sale reminds of Socrates’ admonition to his judges in the Athenian Senate:

“A judge’s duty is not to make a present of justice, but to give judgment; and judges are sworn to judge according to the laws, and not according to their own good or pleasure.”

Plato’s Apology of Socrates.

The wisdom of basing a system of justice on mercy instead of vengeance has been recognized for thousands of years. Jesus knew society prospered when the Golden Rule and not rule by gold was the standard. And WWII war correspondent Ernie Pyle reminded all of us, especially judges:

“When you have lived with the unnatural mass cruelty that mankind is capable of inflicting on itself, you find yourself dispossessed of the faculty for blaming one poor man for the triviality of his faults.”

As judges should learn, all they have to do to do their duty in imposing sentences is to strictly follow the applicable law which includes the divine judicial quality of not straining at mercy.

Photo by Peg Redwine

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Filed Under: America, Democracy, Gavel Gamut, Indiana, Internet class, Judicial, Justice, National Judicial College, Oklahoma, United States

“Organized”

October 8, 2021 by Peg Leave a Comment

On September 18, 2021 I received an email from Mr. Ben Uchitelle, Attorney at Law, in Clayton, Missouri. Mr. Uchitelle had read my book JUDGE LYNCH! and found my email address, jmredwine@aol.com, from my website, www.jamesmredwine.com.

Mr. Uchitelle’s Great Grandfather was Manuel Cronbach who was a prominent citizen of Mt. Vernon, Posey County, Indiana who at age seventeen in 1878 personally observed the lynched bodies of four Black men hanging in the center of town on the courthouse lawn. Mr. Uchitelle’s Great Grandfather described the murders in his short autobiography. Mr. Uchitelle shared his Great Grandfather’s observations with me:

“The negro had no social standing in Mt. Vernon but they did not seem to feel any the worse for this. They were treated well so long as they knew their place. One of the great tragedies of their lives in Mt. Vernon was the lynching of four of their number by a mob. Oscar Thomas, a white deputy sheriff, was going to the home of a colored man to arrest him, was shot and killed. Feeling ran high, a white mob was at once organized and four of their number were hanged on trees in the Public Square, and it is claimed that one negro man was put into the fire box of an incinerator and burned to death. How many of the lynched negroes were guilty I do not know, but the bodies of those hanged in the Public Square dangled in the air nearly all next day. I asked the coroner, Uncle Bill Hendricks, why he did not cut them down. He answered, ‘I hain’t had no official notice that they are dead.’ Certainly a profound and unanswerable reason.”

I appreciate Mr. Uchitelle sharing this eye-witness account with me and urge others who might have historical records of the 1878 murders such as letters or diaries to contact me. The truth has no statute of limitations.

From my first knowledge of these horrific events that Oscar Thomas’ descendant, Ilse Horacek, gave to me in 1990, I have sought to uncover the facts. What I do know from my research is that Mr. Manuel Cronbach’s poignant comments illustrate the attitude of the general population of Mt. Vernon and Posey County, Indiana in 1878 and, perhaps, long after. As a practicing Posey County Attorney, Posey County Chief Deputy Prosecuting Attorney, County Attorney and Posey County Judge for a total of well over forty years I find the callous official attitude of Coroner Hendricks to be one of the saddest aspects of the whole matter.

Other portions of Mr. Cronbach’s account that are pregnant with what they do not say is his question as to how many of the lynch victims were guilty. Since none of the four lynched men were involved in the death of Officer Thomas, the answer is zero. And Mr. Daniel Harrison, Sr. who was involved was grabbed and chopped into pieces and his parts were dumped in the jail outhouse.

But the word in Mr. Cronbach’s account that most loudly calls out to me is “organized”, as John Leffel, who was the owner and editor of the local Western Star newspaper in 1878, reported that two to three hundred white, male citizens of Posey County, Indiana organized themselves into a well-regimented, armed group and marched onto the courthouse lawn and murdered all five Black men.

As I have done since 1990, I am still calling for the community to finally and publicly atone for the sins of 1878 and erect a memorial to the victims on the courthouse square. Thank you, Attorney Ben Uchitelle, for contacting me and for your interest in justice, even if justice remains long delayed.

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Filed Under: Events, Gavel Gamut, Indiana, Mt. Vernon, Posey County, Posey County Lynchings, Segregation Tagged With: 1878 murders, Ben Uchitelle, eye-witness account, Ilse Horacek, James M. Redwine, Jim Redwine, JUDGE LYNCH!, justice, lynchings, Manuel Cronbach, Mt. Vernon Indiana, Negro, organized, Oscar Thomas, Posey County, publicly atone for sins, truth

A Legal Revolution

November 13, 2020 by Peg Leave a Comment


Alexis de Tocqueville (1805-1859) was a Frenchman who studied American society during a nine-month tour in 1831 when the United States were still simmering with vitriolic political animus from the 1824 and 1828 elections between John Quincy Adams and Andrew Jackson. Adams was elected by the House of Representatives in 1824 and Jackson won via the Electoral College in 1828. After neither election did the United States fall into chaos, even though Jackson won both the popular vote and a plurality, but not a majority, of the Electoral College vote yet Adams grabbed the presidency in 1824.

Four men ran for president in 1824, John Quincy Adams, Andrew Jackson, Henry Clay and William Crawford. Because the Electoral College vote was split in such a way that none of the four received a majority, as required to be elected President, under the Twelfth Amendment to the U.S. Constitution a “contingent” election was held in the House of Representatives. Each state’s delegation was given one vote and Adams was elected. Jackson and his supporters alleged that Adams and Clay had entered into a “Corrupt Bargain” to shift Clay’s votes to Adams. Regardless, Adams was elected by the House and the country moved on until 1828 when Jackson ran against Adams again.

In his treatise on American democracy de Tocqueville defined America’s presidential election as “a revolution at law” and described it as follows:

“Every four years, long before the appointed (presidential election) day arrives, the election becomes the greatest, and one might say the only, affair occupying men’s minds…. As the election draws near intrigues grow more active and agitation is more lively and widespread. The citizens divide up into several camps.… The whole nation gets into a feverish state.”

De Tocqueville’s ultimate verdict on America’s democracy was encapsulated in his general verdict on how political controversies were ultimately resolved. His observation was that:

“In America there is hardly a political question which does not sooner or later turn into a judicial one.”

De Tocqueville’s opinion was that the American manner of resolving political issues without bloodshed worked because, unlike European monarchies, the United States citizens respected the law and they did so because they had the right to both create it and change it. Since we get to choose our legislators who write our election laws and because we can change the laws by changing whom we elect if we are unhappy, we accept the laws as written including who is ultimately declared the winner of a current election.

The laws we have the right to create and the right to change include filing for an elected office, running for that office, who counts the votes, how they are counted, as well as how and when someone can legally contest an election. That legal procedure applies to all facets of an election cycle. Each state’s legislature has the authority to establish its own procedures in this regard as long as they do not violate federal law.

As an Indiana Circuit Court Judge I was involved in a recount of a congressional race, a county clerk general election, a county council general election, a town council election and a county council primary election. The Indiana legislature had enacted and published a clear statutory procedure for each type of election contest, including what role each public official should play in any recount. The statutes demanded total openness and media access to ensure the public could have confidence that if all involved followed the law a clear winner would be fairly determined. There were time limits, controls and transparency. After a recount result was certified in each contest life moved on and the eventual losers and their supporters accepted the results because they had had their “day in court”; that is, democratically enacted law was followed not the arbitrary or partisan activity of individuals.

De Tocqueville compared America’s hotly contested democratic elections to a surging river that strains at its banks with raging waters then calms down and carries on peacefully once the results have been properly certified. From my own experience with several elections and after the recounts of some of them, I agree with de Tocqueville’s analogy.

That is not to say I am for or against any type of recount for any office. I absolutely have no position on whether any candidate for any office should concede or contest anything. My position is simply that as long as the law is properly followed our democracy can handle either circumstance.

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Filed Under: America, Circuit Court, Democracy, Elections, Gavel Gamut, Indiana, Judicial, Law, Presidential Campaign Tagged With: Alexis de Tocqueville, Andrew Jackson, Corrupt Bargain, day in court, election recount, electoral college, Henry Clay, House of Representatives, Indiana Circuit Court Judge, James M. Redwine, Jim Redwine, John Quincy Adams, legal revolution, political controversies, presidential election, respect the law, United States, vitriolic political animus, William Crawford

A True Depression

August 1, 2020 by Peg 1 Comment

If a recession is when your neighbors lose their jobs but it is a depression when you lose yours, what is the analogy for our society’s losses due to ’Ole 19? Let me suggest that for Peg it was when she finally submitted herself to asking me to cut her hair. Yep, it’s complete capitulation; 19 can claim total victory. I should be able to show you photographic proof but it turns out that a wife’s hirsute humiliation is in the same category of bad husbanding as failing to separate the whites and colors for the laundry. No pictures of my artistry were allowed. In fact, Peg has found a new use for the flowered bandana she uses as a face mask; it now covers the top of her head too. And my attempts to assure her that within a few months her hair will grow back just seem to exacerbate the situation. Please allow me to digress.

Gentle Reader, you may have noticed it is hot in July and August near the latitude along the Mason-Dixon Line. Well Peg, who was born in upstate New York, had not quite acclimated to the previous weeks of 100-degree temperatures. Her Joan of Arc length hair tended to stick to her forehead and the back of her neck whenever she lugged water to her flowers and her vegetable garden. The martyr-type comparison will make sense by the time you finish the column. I was understanding and sympathetic, but my advice that Mother Nature would eventually provide rain was not received gladly. She stubbornly persisted and even suggested I could get involved if the TV re-runs of old golf matches didn’t interfere. Surely, we need not revisit that painful discussion.

The real problem is not me but ’Ole 19. Peg used to go to the beauty shop to get her hair cut. Or, when we still lived in Indiana, our daughter, Heather, who is a beautician would take care of it. However, now, as we do not wish to contribute to 19’s macabre statistics, we have socially isolated since our last foray out to eat which was March the 5th. We wear masks, we wash our hands, we ignore our friends and family, we shop online, we eat lots of tuna. But we both knew the Corona Virus had achieved complete domination when Peg said last week, “Jim, I just can’t stand this heat and having my hair string down my face and neck. Nobody but you is ever going to see me again anyway (I thought that a little overly dramatic) so you are going to have to cut it. Come watch these YouTube videos and try to pay attention.”

Well, it didn’t look that hard to me. I remember when I got my hair cut in Pawhuska, Oklahoma by Clyde Ensley or Bob Butts or in Mt. Vernon, Indiana by Steve Burris. Heck, it appeared about like cleaning a squirrel or a chicken. Just slice here, snip there, shear off the sides. No problem. After watching for ten minutes or so I was pretty sure I could give Vidal Sassoon a run. “Peg, get a towel and I’ll grab a pair of scissors and the electric clippers you used to use on our dearly departed dog and meet you on the front porch.”

It probably would have turned out better if Peg had not sat as if she were an unfortunate customer of an electric chair and if she hadn’t jumped and squirmed each time the clippers whirred and the scissors snipped. Regardless, in my unbiased opinion I did a fine job. If the bowl I used had fit better it would have helped. I can only guess at Peg’s opinion as she hardly has spoken to me for three days and when she does it is difficult to make out what she is saying amid the shrieks, sobs and expletives as she tries to pull her hair back to its former length.

Hair on the porch floor

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Filed Under: COVID-19, Females/Pick on Peg, Gavel Gamut, Indiana, JPeg Osage Ranch, Martyrs, Mt. Vernon, Oklahoma, Pawhuska, Personal Fun Tagged With: 'Ole 19, a true depression, beautician, beauty shop, Bob Butts, Clyde Ensley, Covid Virus, electric chair, electric clippers, expletives, Gentle Reader, hair cut, Indiana, James M. Redwine, Jim Redwine, Joan of Arc, martyr, Mason-Dixon Line, Mother Nature, Mt. Vernon, Oklahoma, pair of scissors, Pawhuska, Peg, recession, shrieks, sobs, Steve Burris, upstate New York, Vidal Sassoon

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