Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1858-04-09
The Marietta outrage.

| The Marietta Outrage.
This is the caption OF an editorial
which we copy below from the last "Park>
ersburg Gazette in relation to the de-
cision Of the Mayor of Marietta, in the
late cowardly snd assassin-like attack
made upon James NJ. Jackson. Esq, Of
our town. while visiting Ohio for the pur'
pose of collecting rents, &c. The Gazette
says:
We purposely abstained from INDUCING
regard to the Marietta outrage. We
merely took occasion to characterize the
conduct of the principal actors in the af.
fair in such terms OF condemnation as
were suggested by facts and circumstan-
ces then in our possession. We preferred,
rather. to wait patiently the issue Of the
legal investigation which the case was to
undergo. No doubt was entertained that
the investigation would lead to complete
vindication of the claims Of truth and JUS
tice, and that the Marietta authorities
would manifest the same rigid impair TALLY
in relation to this case, that would be OBJ.
served if similar assault had been conn
mitted upon citizen Of Ohio. II was
supposed that the law of Ohio exercised
the same parental care and protection
over all, and was as jealous OF the rights
aud personal safety OF the stranger as Of
the citizen; that the majesty of the law
could be as readily violated and insulted
in the person of temporary as Of per.
manent resident Of the State; that, in a
community that boastingly proclaims its
attachment to law. order and morality.
one of the most barbarous outrages that
ever disgraced the annals Of civilization
would not be permitted to pass almost un.
rebuked and its reckless perpetrators un>
whipped of justice.
But we record the fact with regret, that
much greater credit for fairness and i'm
! partially was awarded to the Marietta
authorities than their subsequent con.
duct would seem to justify. The decis-
ion of the Mayor, we understand, was
that Levi Barber be required to give bond
in the penalty of hundred dollars to
answer to an indictment for an assault
and battery, and that the other persons.
implicated in the affair, be discharged.-
We are not familiar with the criminal
Code Of the State of Ohio, nor can we
be expected to know what particular
points in the evidence influenced the
mind of his Honor in rendering the de-
cision he did. But if the laws of Ohio
are founded in justice and common sense,
and If the testimony, as detailed to us by
two intelligent gentlemen who were pres
ent at the trial, is worthy of credit, we
feel no hesitation in saying that the whole
proceeding was miserable farce-a mere
mockery of justice that it was unworthy
of the authorities Of Marietta, and brings
reproach upon the entire community.
We are not informed as to what con-
stitutes riot by the laws Of Ohio; but,
in Virginia, when three or more persons
band together for the purpose Of doing an
unlawful act by violence. it is riot and
is punished accordingly. This ia the
definition given of riot by the Common
Law of England, which is the law of Vir-
ginia, and of many, If not all Of the States
of the Union in the absence OF any con-
ficting statutory provision. Can there
be doubt that Barber and his party
should have been recognized for their
appearance at Court upon the charge
of riot? Do not all the circumstances
point to the fact, that there was pre-
concerted arrangement between Barber
and his confederstes to commit this muir
derous assault upon Mr.. Jackson |? It
was not necessary that they should have
taken part in the ARRAY to constitute them
rioters. IT. with knowledge of Barber's
intentions, they were present, giving him
countenance and support, it was to all
intents and purposes riot, and they were
all equally guilty. But VIC are not left
to conjecture as to the course pursued by
Barber's allies upon that occasion. Ac-
cordlng to the testimony of Mr.. Morse,
an ex-Sheriff of the county of Washing
ton, Mr.. Jackson was stricken down, once,
when Barber was standing fifteen or
twenty feet from him. This fact, taken
in connection with other corroborating
circumstances, we think, clearly shows
concert OF design and action. But sup
pose it was an assault and battery, and
not riot. was it of so trivial a character
as to justify the Mayor in requiring bail
in the paltry sum Of one hundred dollars
Was it not, to say the least of it, an ag-
grayated assault. and did not evenhand-
ed justice demand the exaction Of larger
bail ? When the miserable farce of dis
pensing justice was being enacted at the
Court House in Marietta. Mr.. Jackson
was lying PROSTATE upon his bed in Park
ersburg, suffering intensely from his
wounds, and the greatest apprehensions
we're entertained by his friends, at tina.
very time. that the most serious conse-
quences would ensue. The Mayor of
Marietta. instead of OBTAINING Barber IN
I'll he could ascertain the probable result
of the severe and dangerous wounds that
Mr.. jackson had received. promptly dis