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

In the Dispatch of yesterday brief men
tion was made Of the fact that the justices
of the Hastings Court had replied to the
letter Of General Schofeld in regard tt
the Hotze-Hovey and gambling cases. We
now subjoin the reply in full, as communi
Gated to the commanding General, anG
the letters Of Messrs. R. T Daniel and N
A. Sturdivant.
General SCHoFIELD goes this morning
to Fortress Monroe to join his family, nov
sojourning there. He will doubtless take
the opportunity thus afforded for the de-
liberate examination Of this subject.
RICHMOND, Va, July "a, 1867.
Colonel s. T. Chaltin,
Assistant Adjutant- General, etc.:
Colonel,-In response to the communi.
cation from " Headquarters First Military
District" under date of "July 10, 1867,
we have to say that we appreciate the i'm.
pulse which induced the "Gcneral com.
manding" to give us the opportunity oil
explaining the grounds of the Judgment
which we rendered on the 11th, the 18th
and the 14th of June, 1867, in the matter
Of II. W. uovey and Robert F. Hotze
charged with assault and battery, and Will
liam II. Duke and William Snellings, and
three others, charged with violations Of
the gaming laws. The judgment of the
court in these cases is correctly stated in
your communication, but not the grounds
Of that judgment; and we presume that
it is desired that we shall indicate the
reasons which controlled our action in the
premises. This we shall do, and feel as
sured that a plain, unvarnished statement
will vindicate our action to any unpreju-
diced mind.
l. The first case to be considered is that
of II. W. Hovey, indicted for an assault
upon Samuel Hotze, boy eight years OF
age. Upon the trial Of this case the fol-
lowing facts were established by the wit
nesses examined: Samuel Hotze, with q
brother younger than himself, and CO.
lored boy, was engaged in playing game
called humble peg" in the commons
east of the buildings in which Hovey
taught school. The children fell into a
quarrel-the Hotzes siding with each
other. Hotze had small pocket-knife in
his hand, which he had been using in play
ing the game. Two colored women con-
nected with Hovey's school hearing the
quarrel, ran out to where the children
were, and seeing the knife in Hotze's
hand, seized him by the arm, when he
threatened to cut them if they did not let
him 60. They carried him forcibly into
the school-house where Hovey was, who
! had not witnessed what had occurred.
Hovey admitted that he did not see what
occurred outside Of his school-room; but
alleged as his reason for whipping the
child that Samuel HotZe had insulted him
by hallooing after him in the streets in an
offensive manner, and that he had COM
planned to Miss Hotze of this conduct, who
told him the child was without father or
mother, and under the guardianship of her
brother, Robert +. Ilotze, to whom she would
report the facts, who would doubtless in
quire into the case and do what was right
with which assurance Hovey professed to
be satisfied and that when the child was
brought into his school-room by the wo-
men, supposing that Miss Hotze had not
done what she promised, or that if she
had, the brother, Robert F. HotZe, had
not corrected the child, he (Hovey), with
out instituting any inquiry into the facts,
determined to punish him himself. 1t ap-
peared that he then stripped the child of
his Jacket, and beat him severely with a
leather strap, marking and stripping his
person, and drawing blood, which stained
the child's clothes. He detained him in the
school for several hours, until his guardian,
having heard Of his being detained, went
and brought him away but did not ascer-
tain the extent Of the injury inflicted until
his clothes were removed at night. And
it was further proved that the child
Samuel was so near-sighted that he could
not recognize person at the distance Of a
few yards, or distinguish the difference be-
tween a horse and man the distance
across one of the streets of the city, and
that the only words used by Samuel to-
wards Hovey at any time were the phrase
How do YOU do ?" And this being all
the testimony, the case, without argument
by either the attorney for HoVey or the
prosecution, or a word from the court, was
submitted to the jury, who found Hovey
guilty, and ascertained his fine to be $3.50.
The law devolves upon the jury the duty
of assessing the fine in all such cases, and
places no limit as to amount, except that
| it shall not be excessive, considering the
offence and the circumstances of the
party. The court was induced to add i'm
prisonment by the consideration that the
fine imposed did not adequately punish a
full grown man who beat child cruelty
without justification or excuse; and who
even then and there, in the presence of
the Court, exhibited not the slightest sign
of regret or penitence for the wrong and
injury done to mere babe. There never
was period in the history of the Court OF
Hastings of this city when such an offence
would not have been visited with imprl-
sonment, as will fully appear by reference
to records of the said court.
2. The second case is that Of Robert r.
Hotze, indicted for an assault upon Il. W.
Hovey. The facts proved were that in q
day or two after the whipping of Samuel
Hotze by Hovey, the said Hovey having,
as he said, received an intimation that
Miss Hotze desired to see him, drove in
carriage, in which was lady,i to
Hotze's house, rang at the door bell
twice. and then descended the steps to
the gate and went into the street, when
HotZe approached him from the street and
assaulted him with some instrument
whether small rattan, whip, or cow
hide. was left uncertain) and drove him
with this around and into the carriage,
which then drove off rapidly. In addition,
all the facts hereinbefore stated as having
been proved on the trial Of HoVey were
established by the testimony in this case
and relied upon by the defendant lHotze? as
a justification of his conduct. This being
ali the evidence, the case, without argu-
ment by either the attorney for Hotze or
the prosecution, or word from the court,
was submitted to the jury, who founo
Hotze guilty, and ascertained his fine to
he one cent, The court did not add i'm
prisonment to the verdict of the jury,
rirh;cb carried costs. and made the actual