The Montana post. [volume] (Virginia City, Montana Territory [i.e. Mont.]) 1864-1869, 1866-08-18
piy OF chief Justice Hosmer. tn
me Fetition i'm behalf of John

Saeot oonsen., ms Qarerl Jos. Smitt. . ---
join *. Culver, Guror) R. Sabolskie curor)
J. 4. Mccullough, o. p. RAYMOND
>. II. hltche, f. p. Hegart
u 4. brown, Louis Smith,
SuSIus Sook, John Mannheim,
n. r Butler, Robert Little
Ben S. Word A r Ro;ce
ID. III. Maltby,
recognize here the names of several gentlemen
whom have known almost from the moment ot
my arrival in the cOuntry-aud presuming that
they have signed this application from kind mo-
uVes, answer them, that nothing would be more
graufylng to me, than to comply with request
Ii could consistently do so. am sure however
that most of the signers to this application have
not well considered the object of it.
, In the nrSt place, the reason given for granting
this application, is which no honest magistrate
would consider for moment. sit twould be yery
expensive to the people of the Territory to keep
sad Gibson in prison. and knowing his inability to
pay heavy fine, your petitioners would respect
1ully pray that the Court fix his punishment at the
line for an assault" 1t is not question with these
petitioners whetheror not this is guilty but it is
question of the pocket. We do not wish to nav
for his keeping Guilty as he is proved to be, we
had rather the Court would so adjust the punish.
ment as to let him go, than to pay our proportion
OF the additional tax necessary to pay his board in
prison. We do not question the proprety of the
verdict OF the jury-that is all right enough-the
man is guilty-he violated the law-he came very
near committing murder-but then in consideration
that 1t will be very expensive to the people of the
Territory to keep" him, and knowing" as we do
his inability to pay heavy fine, we would re.
spectfuly pray that you fix his punishment at the
hne for assault" and let him go. The fine for an
assault is fifty dollars These petitioners doubtless
would rather subscribe from fifty cents to one dollar
TO raise that amount, than that this man should re-
eeive the punishment due to his crime. AS there
are thirty-three petitioners they might possibly be
willing to exceed this amount in order 20 raise the
fifty dollars. Thus, by granting this request it
would be pretty clearly established that the cost
OF breaking stool over q mans head in Montana
laying him UP with sickness five or six weeks per-
haps totally destroying his intellect and paralyzne
him for life, would be worth about fifty dollars and
that amount, out of sympathy for the guilty indi-
yldual who committed the act, and in consideration
of his inability to pay more would be charitablv
contributed by thirty citizens of the Territory
in consideration that they would thereby be re-
leased from the expense of keeping him in prison.
to answer the real punishment awarded to his
offence.
Now, have fairly stated this casel I do not
desire TO misrepresent the position in which any of
the respectable gentlemen have placed themselves
who have signed this petition, but the facts must
speak for themselves. This man Gibson, as was
abundanty proved by the testimony, has commit
ted an offense against the laws of the Territory,
which admits Of no justification. There is not a
circumstance which relieves it from being lust as
bad as any otfense of the kind could be under the
statute provided for its punishment He was gam
bling with the prosecuting witness. At certain
stage of the game, he charged his antagonist with
cheating, TO which he received reply that he was
liar lie repeated the charge and was told that
he was id liar, or if it be any worse God d-d
liar. The question was then asked him what he
intended to do about it. lie replied, Nothing
then, but perhaps we'll settle it hereafter" or words
to that effect. From fifteen minutes to half an hour
elapsed, during which time he sat there and played
out the game. He then arose, and stepping behind
his opponent in the game, picked up a stool, and,
without any announcement of his design struck
him cowardly blow upon the head with it, heavy
enough to split the stool and lay him seuseless for
the time endanger his life, and inAict upon him a
permanent INJURY These are the facts as disclosed
by the evidence. If they do not prove IAN aban-
doned and malignant heart" on the part of this
defendant it is difficult to understand what amount
of testimony will do so. The act was deliberate
not one Of sudden passion. The fact that he had
been called liar was attributable to the insult he
had himself proffered, in calling his antagonist
cheat and a swindler. One epithet was the natural
consequence of the other, and the balance was not
far from equal between them; still there would
have been some excuse, if the prisoner while smart
ing under the charge of being liar, had, in fit
of momentary passion inflicted bodily injury upon
his opponent; but he waits plays out the game,
says that he does not intend to resent at that
time and then treacherously steals behind him and
strikes him senseless, with implement of sufficient
power and blow Of sufficient force to kill him. The
whole affair is the result of deberaton and inten-
tion. He designed more than, providentially he
Murder was in his heart at the time
he struck the blow
In further cOrroboration of this will state that
have been told since this Petition came into my
hands, that in less than an hour after the ofense
was committed, this prisoner was called upon by
some of the Yigilantes who that occasion inquired
of him why he committed the offense. His reply
was, 'It was in me, and it had to come out" They
then asked him if he would not regret it, u it
should result fatally, and he replied mo" am
told and have no doubt with truth, that if Smith
had died of his wound, Gibson would have been
hung summarily.
Now do not know that there are any signers to
this petition who belong to the Vigilantes, but if
there be- would like to enquire of them, whether
they would have participated in midnight execu-
tion of this man. if Smith had died from the wound
he received? Were there any on the jury which
tried him who have signed this petition for his vr
tual escape from punishment? If SO, l would like
to understand from them, what sort of a standard
they wish to erect for the administration of justice
and the punishment of crime in this Territory If
it would not hurt their feelings to see this young
man suspended between earth and heaven, on some
tree the victim of speedy midnight execution.
why should they permit their sensiblities to be af
fected by the fact of his sentence to imprisonment
for one year in the territorial prison. am
forced to fall back upon the reason given in this
petition and conclude that it is the money the pit
ful sum required to keep him in custody. Look
at the logic of all this 1t is not wrong to hang
man, because that puts him out of ths way, but |
his imprisonment is to be deprecated, and he had
better be acquitted than imprisoned, because the |
cost of his keeping falls upon the public and he is
himself unable to pay fine. If this community |
IS to be ruled by such loose sentiments of morality
and law as this, where are we to find protection
against crimesl What are courts or judges good |
for if this is the only support they to find from
.he people? This man was tried twice. The first
Jury failed to agree. Why2 Because they say the |
prisoner had reason for the course he pursued Is
hat sol Did he not give the first insult himself |
by charging his opponent with cheating? What
Else, from such associations in this country are
ound in gambling hell, could he expect than to |
De told that he was liar. With full time after
wards to deliberate, was there any excuse, for the
,ourse he pursued, the cowardly, trescherous blow
lie struck Common sense and the law both answer |
his question in the negative. rs
But others say that the punishment is too exces-
i've. A moments reflection ought to convince any
eesonable man that this Is not so. If punishments