The daily crescent., 1850-07-22

tragedy perpetfated at Millaulons wood ward ~,
determined to examine the law and give 10 III,
public an opinion based on authority. il is some.
what remarkable that in region where SO man,
homcides occur, the principles Of law defining The
various classes are not better understood. Tb,
law writer's lay down, with great cleaness n,
cases in which homicide is justifiabIe. An inn.
presslon seems to prevail among the planters tha
they have right to drive off, even at the peril o
ilmo and llie, strangers who may land on the front
q Their plantations. Now the use Of the shore nm
70 the levee, belongs to the public.
ylvii Code, AS The use of the banks Of nav
gable rivers or streams is public: accordingly
every one has right freely to bring his vessels to
eno mere to make fast the to the trees which
are there planted, to unload his vessels 10 deposit
ms goods to dry his nets and the like
44s: !" On the borders Of the Mississippi, where
tnere are levees, the levees shall form the banks"
Thus poor men, fishermen, Ieyee men, have a
pght to land on the banks Of rich mem plantations,
and It is no crime for which they may be shot
without Judge or jury,
u felony be committed and the felon fiy from
Justice, or dangerous wound be given, it is the
duty OF every man to use his best endeavors for
preventing an escape; and il in the pursuit the
ielon be killed. where he cannot be otherwise over
taken, the homicide is justifablen-1 East Crown
Law, 206
II becomes important to ascertain what is meant
by the term felony. The definition is to be found
in Hawkins Pleas of the Crown:
The idea OF felony is so generally connected
with that OF capital punishment that it seems hard
70 separate them; and to this usage the interpre-
tatons OF law now inform. Forif a statute makes
any new offence felony, the law implies that il
shall be punished with death, (UiS. BY hanging)
as wen as BY forfeiture, unless the offender prays
the benefit OF clergy. So where statute DEGREES
an offence to undergo judgement Of life and mem
oer the offence becomes felony, though that pre-
else word be omitted but the words Of the statute
must not in such be the least doubtful or am.
bguous.n
The older and strictsr definition, now obsolete.
would not apply to any crimes in this country as
the term anciently only included those offences
which worked forfeiture Of lands, goods and chat
tes.
But on mere sisspscsoR Of felony a private person
has no right to kill the Supposed offender.
well grounded belief that a felony is about 10
pc committed, will exteLuate homicide commit
ted IN prevention Of the felony but not homicide
committed ia pursuit by an Individual Of his own
accord '-1 Hawk. 457
In the Gretna case, the deceased were seen on
the bank Of the river, where thev had AZ mucb
'fght to be, as the owner Of the property. On see
ing Two men rapidly approaching them armed with
guns they jumped into their boat and pulled off,
men hailed they refused to surrender and for this
refusal, they are both shot!
The quotations from writer's of the highest au-
hory clearly establish the criminality Of the act
The Magistrate in his wisdom decides that these
murdered men were robbers. The proof for this
charitable presumption is, that the wood-yards in
that ighborhood had been frequently robbed
that is, wood had been stolen from them-and
therefore, he thinks the owners justified in shooting
down any man they find on the bank.
or the sake Of decency and of public iustioe and
OF our own reputation as commuuitv. we trpst he
Gfand Jury of Jefferson will investigate this mat.
ier Is 1t come to this, that human life is obeaner
nan skif load OF wood We assume that the
heit is proved-that those men had landed there n
ommlt larceny-that they had perpetrated the
Hence by taking tsno sfscks Of spood-and on he
g pursued, .Red. This statement, by the way i
OF admitted to be correct by the relatives Of tbe
eceased. But we say if all true, the killing Of
lese men, under the circumstances, is an act of
ruelty which merits the severest condemnation
Is not ior US to pass sentence the perpetrators
the act; but we cannot permit men to be shot
own IKE dogs, without calling on the authorities
enforce the law. We want even handed Justice
eals out to ALTO the millionaire who guards his
IMMENSE estate from petty depredations, by taking
human llfe-to the poor degraded wretch in .he |
gutter.
For petty theft, these men if guilty, would have
'een sent to the penientiary. But the law ii seems,
not severe enough for some men, They want to |
make petit larceny capital offence they want to
70 back to the laws Of barbarous age and punish
heft with death.
That one Justice Shallow has been galled into a
ecsion at once absurd and unjust is no reason
y the District Attorney to cease from his labors.
ie has right to obtain warrant from another
Magistrate and submit the parties to another exam
nation.
Il is proper to say that after the deed was done.
be killers rendered all the assistance in their pow
r to the dead
SUITS have been instituted by A. Walker, ESQ.
ga'nst the killers, on behalf of the widows and chill
fen Of the deceased claiming $4,000 in each case.
)ne ofthe defendants is the son OF the weathestman
the city, and he can show the sincerity of regret
y at once repairing to the orphans, so far as money
an do It, the injury he has in moment of passion
nicted. 1t is the only reparation in his power,
nd by that means he may succeed in removing
some degree, the odium which now attaches to
be transaction.