Butte record., 1855-02-03

sec lawsuit or a rain storm.
"PooR TABOR. Such is the heading
ofarticles in variou papers, saympathl-
sing with John Tabor, who shot Mr..
MANSFIELD in Stockton last summer, and
who has just been sentenced to suffer
the extreme penalty of the law. The
facts of the case, as we CLEAN them from
published statements, are these-Tabor
and Mansfield were editors of rival pa
pers in Stockton. They were rival
candidates for the City printing, and re-
ordinations passed between them. At
the time of the homicide, Mansfield,
who was unarmed, had met Tabor and
requested a few words with him. A
gesture used by Mansfield in speaking,
cost him his life 1t is now urged by
those who woald have Executive Glenn
ency interposo in his behalf, that Tabor
was weakly man, and that he believed
an unarmed citizen was rbout to kill
him, and that ''Poor Tabor" shot Mans
field to preserve his own life. 1t is also
urged that he is getting prematurely old
owing to his confinement, and that he
has been punished sufficiently, as his sit
uation and confinement press heavily
upon him "Poor Tabor" has not been
in confinement as long as Kohie, who is
now under sentence Of death in Yuba
County, for quarreliing with and shoot
ing another person. If Tabor has been
already sufficiently punished, and is wor
thy of Executive clemency, why should
not Kohle be discharged in the same
way, and paid for the time he has been
in Jail beyond the period of 'Tabor's con-
fnement. In the published statements
of the two cases, there is but little diff
ference, and that appears to US to be in
Kohle's favor. We do not seek the life
of any one, nor would we interpose to
prevent the extension of the pardoning
power upon worthy objects but we do
think that if ever there was a case Of
wilful murder, it was when 'poor Tabor"
shot down the unarmed Mansfield. A
gentlemen, formerly a resident of Stock
ton, but now residing in Bidwell, informs
us. that Tabor habitually went armed,
and that he has seen him, hold his pis-
tol to another persons head, and boot
him through the streets of Stockton
If such is the character of Mr.. Tabor,
we are decidedly of the opinion that his
is not proper case for the exercise of
Executive clemency. There is class
in California, who are armed to their
their teeth, while in daily intercourse
with friends and neighbors. Public SEN
timent, however, is doing away with the
cowardly practice, and our Legislature
is considering law to prohibit it. We
earnestly hope that the evil practice of
carrying arms may be done away with,
and that the effect may be felt through
out the length and breadth of our state,
and the decrease Of crime, restore con-
fdence and friendship to our enterpri-
sing society.
While we would not interpose TO thwart
the ends of justice, or to aid the guilty
to escape the punishment due to their
crimes, we cannot but regard the death
penalty as relic of barbarism which
should be wiped from our statute books,
and impriso nment for life substituted in
its stead As the law now stands it is
subject to great abuse. Those guilty of
grand Larceny, upon the finding Of a
jury, may be condemned to suffer the
death penalty; while those who deliber-
ately shoot down their fellow man, are
many times found guilty of manslaught-
er, and condemned to two or three years
imprisonment
In the case of Tabor, had there been
palliating circumstances, they would
doubtless have been brought to the at
tention of the jury, and verdict rem
dered accordingly. A jury of his fell
low citizens, after fair and impartial
trial, have declared him guilty Of mur
der. Should the Executive see proper
to commute his punishment to imprison-
ment in tho penitentiary for lie, we
think it would be an act worthy of the
present age. and would meet with the
approval of public sentiment.
AMENDMENTS TO THE CONSTITUTIONS
We are indebted to Hon 4. I. Peck,
for copy of Mr.. Crenshaw's bill pro-