The New York herald., 1869-08-28
NOSE PULLING IN mAssacHus;rr
Two Months Work In the Common Jail tho
Penalty.

A curious case has recently been tried In tho
courts of Boston. On the 25th OF last month Mr. j.
going from tnat city to Needham and for some time
looked In vain for seat. the cars being crowded.
other and occupied by three gentlemen. On attempt.
ing to take the vacant seat he was Informed that it
was reserved. Mr., Churchill appears to have ex-
pressed some doubt OF the statement in his looks
aud in his tone. Ii not III ms language anu, remark
ing that when this expected person came he would
give way to him. he sat down In the seat. Now Mr..
Churchill appeared by the testimony, Is rather
large man, and he had with him travelling bag
and a toy wagon The gentleman opposite him, Mr..
Daniel s. Curtis, VINO is LAWYER by profession and
| also banker, was doubtless annoyed By what he
considered Mr.. Churchill intrusion aud processes
| to have been mcommoded by Mr.. Churchill's
| luggage. Mr.. Curtis accordingly remarked that
| she wouldn't have the bag there. a. any rate"
Curtis then said referring to the toy wagon. which
was under Mr. Churchill feet with the tongue up,
words to that effect Soon after the gentleman for
whom the seat was reserved came along and Mr..
aa a he q 9s up MS
IN low tone OF voice " nr Cuft,s, RI You are
sn--r-., nave never seen 0ne.h Upon that SIR.
curtis followed Mr.. Churchill into the aisle and
nobody but a blackguard would begin quarrel In
the presence OF ladies, I" he struck Mr. Churchill
violent blow between the eyes and broke his speca-
cles. The other passengers here lnterlered and the
train proceeded. MIR. Churchill being o lawyer
naturally bethought himself OF seeking redress In
the courts. The case came up In the Municipal
Court and, after hearing, Mr.. Curtis was SEN
fenced by Judge Bacon to two months imprls0n-
ment. Mr.. Curtis counsel appealed, and Judge
Scudder gave an opinion on Saturday morning con-
firming the sentence OF the court below The ground
was taken that Mr. Curtis had not shown himself
repenant, and that simple fne was not calculated
to prevent the breaking Oh the law again. The Court
1t has been said that the same punishment affects
different individuals In different degrees. IL is true
that an imprisonment for short time might bs .
greater punishment to one individual than mucn
longer term would be for another The degree OF
punishment would depend upon the position char.
also true when the punishment Il by 1ne. It Is the
duty Of the court, therefore, 80 far as possible to
sonsnt by the swener the restraint a or rsiorma %
uon of the individual or an example to others. me
punishment should be proportioned to the offence
and should be equal In all cases The court can
make no distinction between different ranks In tlia
community.
mr.. Curtis testified before the lower court that
when he took hold OF Mr. Churchiils nose he SIMPLY
"turned It IN moderate aud quiet manner" bue
neither Of the judges seemed to consider this cir
cunistance as OF all extenuatng his impetu0us coa-
duct.
Judge scudder imposed sentence in the following
w0rdsiIherefore II Is considered by sHiu court thas
the said Curtis, for the ofence aforesaid be imprl
soned In the common jail In SAID county, to be etne
poyed ana kept at work therein IN the same manner
Is other persons committed to said jail for the term
OF two mon'ns from and after the SOh day Oh July.
ONE OF THE DRAWBACKS or MoRMoNIsx.-One
OF the drawbacks OF the Mormon system Is shown III
the case Of the estate OF heber G. kimba late chief
counsellor OF Brigham Young. kimball lett an es.
tate which Is valued at $50 900 only aud yet he was
a rich man as they estimate rlches IN Mormondom.
But he lett forty cnildren OF whom the greater
portion are OF an age at which they are incapable OF
taxing OF themselves. what would have be-
come these forty-one fatheress children II KIM
bail had been poor, a. many M0rm0ns aree
And II he had forty-0ne children, how MANY
wives did he leave TO mourn his loss, and who pro.
vides for the great number OF wldowss As the Nor
mon Church has not existed long enough for tD0
questions like these have not yet arisen frequently;
but as the lusty old Fellows drop on leaving a few
score, OF children to be provided for there wan be
some inquiry as TO the disposition OF che rapidly tn
creasng number OF widows and orphans. Very
many ol the leading men are not only very mucl
married, put are very much fathers and though
their WIDOWS may be absorbed into the harems OF
destitute children ana Gfiif,sni1. August l7