The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-07-26

| man imprisoned lOT SuCQ an Onence.
Such a sentence would shock the moral
sense of the whole community. In q
much stronger case than that under re-
view the action was as in this. A gentle
man, attracted by the screams of child,
saw brute of man leading a small child
by the hand, and every step or two striking
it roughly with small stick. Fired with
generous indignation, he rushed out and
struck the fellow to the earth, and pun
ished him soundly, the wretch the whole
time protesting that it was his own child,
and he had right to beat it. That citizen
was indicted and the case heard by the
jury, and the party found guilty and fined
one cent, and the court added no impri-
sonment. And this is by no means an iso-
lated instance. Indeed, courts and iuries
have been accustomed to carry it much
farther. In the case of slave, if A,
without adequate provocation, beat the
slave of B, and B thereupon attacked and
thrashed A, no jury in Virginia would pun
ish, except nominally, such an assault.
The history of Virginia is challenged to
furnish an exception. It was this univer-
sal and time-honored (and we think COM
mendable) usage of Virginia juries and
courts which was followed by the court.
An additional remark concerning these
two cases may be allowed. It has been re-
ported, as we are advised, that the court
sentenced Hovey to Jail and discharged
Hotze because one was born north and the
other south. This statement, by whom
sover made, is absolutely false, and the
coinage of mean, malignant mind, inca
pable of entertaining generous and man
ly sentiment. The court is not to this
hour advised Of the birthplace of these
parties, and had their positions been re-
versed, the decision of the court would
have been the same, save that Hotze would
have been sentenced to imprisonment and
Hoyey discharged. The court acted solely
| upon the views herein stated.
8. The third and last proceeding con-
corning which we are called in question is
the dismissal of certain prosecutions pend
ing against William II. Duke, William
Snellings, and others. The court did ad
wise, not permit, the attorney for the Com
monwealth to dismiss these cases, but not
upon the ground represented to the Gee
neral commanding" The informer either
ignorantly or wickedly misrepresented the
action of the court. A motion was made
to the court to dismiss certain pro-
secutions pending against five per-
sons for alleged violations of the
gaming laws. One or more of these cases
had been tried, and the jury could not
agree. In other cases the evidence had
been heard by one of the justices, who
was satisfied that it was insufficient to pro-
cure a conviction and in all such cases
it was we'll known to the court that con-
viction was difficult, and but seldom fol-
lowed upon Indictment and trial-the
usual result being that after one or two
trials, involving very much annoyance to
the court and considerable expense to the
Commonwealth, the cases went off the
docket, and not even the costs were re-
covered against the defendant. It was
these two considerations which induced
| the court to dismiss the cases on payment
Of the costs. 1t was nothing new in the
history of the court to advise the attor-
ney to enter nolle proSeQu5 upon the pay
ment Of the costs. Not term passes that
such proceedings are not had in respect to
some offence prosecuted in the court; and
certainly it was no new thing to dismiss
prosecutions for offences under the gaming
acts, as the records of the court for years
past will show. In this particular instance,
however, attention was drawn to the action
Of the court because the counsel for the
defendants thought proper, after arguing
their motion upon the grounds hcreinbe-
fore set forth, to close with an appeal sub
stantially that recited in your communi-
cation. How the court is blameworthy
for that we are unable to perceive. While
the courts are open and ostensbly admin
istering the laws of Virginia, every party
charged with an offence has the legal right
to be heard by counsel, and every legally
qualified and licensed attorney has the
legal right to be heard in any case in which
he is retained, and in support of any mo-
ton which he may make to the court.
With what form of words-with what views
and arguments-by what illustrations and
appeals, such counsel shall seek his ends
it is impossible for any court to say; and
in the instance under consideration, if the
court had attempted to stop counsel, the
effect would have been futile and foolish.
The court regretted that such language
was employed, for the reason that it was
liable to be misconstrued at headquarters,
as it has been, but was poWerleSs to pre-
vent it or correct it after it had been utter
ed. The only rule by which the court can
control the speech of counsel is that which
enables it to punish contempts; and while
counsel are respectful and deferential, the
court would be going out of its province
to attempt to abridge freedom of speech.
The court, having heard all that the coun-
sell desired to say, calmly considered OF Its
opinion upon the motion without reference
to the language to which you refer; and
the Recorder, in announcing the conclu-
sion, simply gave it as usual, without
stating at large the reasons which con-
trolled their action.
There is one further statement concern
ing the prosecutions for assault and bat
terry in the Court Of Hastings. 1t is not
without substantial reason that in the
large majority of such cases the punish
ment is merely nominal. Often the assault
proved is trivial, or attended with such cir
cumstances of provocation or justification
that eyen-handed justice will not warrant
the infiction of severe punishment upon
the offender.
John NJ. Higgins, one of the Aldermen
to whom a copy Of your communication
was sent; did not participate in any of the
proceedings herein referred to, and does
not, therefore, unite in this reply.
We are, very respectfully,
Your obedient servants,
JOHN +. REGNAULT,
Recorder;
WM. W. TIMBERLAKE,
Senior Alderman;
THOMAS M. JONES,
JAMES G. MCCARTHY,
JOHN J. BINFORD,
A. BoDEKER.