Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1863-10-29
: CRIMINAL Law ii Yirrinia.

The discharge of Langford Peel, upon the
ground that in killing Ell Dorado Johnny he
acted in self-defense, excites general surprise
and much serious comment. The testimony
of the witnesses, both before the Coroner's
Jury and on the examination in Justice We
therill's Court, has been published in full in
the Virginia papers, and with the lights be-
fore them, the community at large are unable
to see by what course of reasoning that ma
gistrate arrived at his conclusion. This is
perhaps attributable to the ignorance of the
masses, who, from their defective education,
have been prone to confound law and COM
mon sense. 1t is not well for the Press to
PREJUDICE cases Of alleged crime, and thereby
obstruct the operations Of the courts of JUS
tice by improperly influencing the minds of
Jurors, and swaying popular sentiment for or
against the prisoner. When, however, iu-
dicial act has been performed, it is perfectly
proper and competent for the propriety and
Justice of such act to be discussed either by
the Press or by the People-providedt the dis
cussion of the matter be respectful and areu-
mentative. Justice Wetheril is no doubt
man of integrity, and in his decisions is pro-
badly governed by desire to do Justice be-
tween the people and the accused he is,
however, u man of limited experience upon
the Bench, and probably makes no preten-
Sions to profound learningin the law. When
therefore, the people differ with his Honor,
and are astounded at his construction of it,
and his Interpretation of the term "self-de-
fense," it is neither high treason nor con-
tempt of court, for them tolsay so. The Vir-
giuia UNION of this morning is quite severe
in its comments upon the recent decision, but
we are not certain that it is unjustly so.-
That the people of this community will COM
pare favorably, in point of intelligence, with
any on the globe, no one will deny; and this
people do say, and say with an earnestness
that is not Away devoid of Indignation, that
homicides and crimes of lesser magnitude
as suffered to pass unnoticed, and to be APP
parcntly winked at by the ministers of the
law, to an extent that never prevailed any
where else in Christendom. In the case in
point, we must remark, that the law provid.
ing for the examination before Justices, of
prisoners charged with felony, was intended
more as a formality, and to provide for the
legal holding of such persons to answer be-
fore higher tribunal, than an actual adju-
diCatiOn of the merits of the case. The law
never contemplated for a moment that when
there was any probable cause" the prisoner
should be discharged. The crime OF homi-
eide in any degree is far beyond the jurisdic-
ton of Justice of the Peace. 1t is subject
matter for the consideration of Grand Jury,
acting as all auxiliary to and under the in
structions Of higher and more learned tri-
bunal. There is not one case in a thousand,
in which the fact of the homicide being es-
tablished, a magistrate is justified in dis
charging prisoner from custody. We do
not wish any magistrate to shape his course
from popular clamor, or succumb to "outsidc
pressure" in any case; but we do say, that
in Il country and at time of blood like the
present when, in slang parlance, there is "a
man for breakfast every morning" decent
respect for the alarmed and outraged feelings
of the People, demands that every charge of
felony should receive the careful investiga-
ton Of the tribunals! upon which such juris-
diction is conferred by the law-and that
committing magistrates should cease to as
sumo the responsibility Of applying their
"crowncr's quest law" to cases Of such mag
nitude.