Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1869-09-10

g VMs ~ gv r. z
a cuIuoUs.case has recently been tried
in the Courts of Boston. On the oath of
July, Mr.. j. M. ] Churchill, q lawyer of
Boston, entered train going from that
city to- eeahamyandy for some time looked
ipfyain for b seat, the'cars being crowded.
Atslength NE found~two seats turned
towards each other occupied by three gen.
tleman. On attempting to take the vacant
seat, ,thewasinformed that itwas reserved.
Me- Churchill appears to have expressed
some doubt of the statement i'm his looks
and In his tone, if not in his language,
and remarking that when the expected
person came he would give way to him, he
satsdown in the seat. Now, Mr. Churchill,
as appeared by the testimony, is rather a
large man, and he had with him a travel
ing bag and a toy wagon The gentleman
opposite him, Mr.. Daniel S. Curtis, who
isalawyer by professionafld alsoa banker,
was doubtless annoyed at what he consfd-
cred Mr., rChurchilPs, intrusion, and pro-
fesses to have been incommoded by Mr..
ChurchilPsn luggage. Mr.. Curtis accord
ingly Remarked that he, wouldn't have
the bag there, at any rate" whereupOn
Mr.. Churchill put it into the aisle. Mr..
Curtis then said, referring to the toy
wagon, wIichSwas under Mr.. Churchll's 8
feet, with the tongue up,s .if that gets
broken it will be your misfortune" or
words to that effect. Soon after the gen
tleman for whom the seat was reserved
came along, and Mr. Churchill, in fulfill
ment of his promise, gave up his seat but
before he went he took occasion to remark
i'm a lowAtone of voice ato Mr.. Curtis, eff
you area gentleman, have never seen
one Upon that, Mr.. Curtis followed Mr..
Il Il aI H..
and when he was told in return, that enc
body but blackguard would begin a
quarrel in the presence Of ladies' he struck
Mr.. Churchill violent blow between the
eyes and broke his spectacles The other
passengers here interfered and the train
proceeded. Mr.. Churchill being lawyer
naturally bethought himself of seeking re
dress in the Courts The case came up in
the Municipal Court, and, after a hearing,
Mr.. Curtis was sentenced by Judge Bacon
ito two months imprisonment. Mr.. Curtis
counsel appealed, and Judge Scudder gave
an opinion, confirming tie sentence Of the
Court below The ground was taken that
Mr.. Curtis had not shown himself repent
anti ana that q simple fine was -lntl cacu-
lated to prevent the breaking of the law
!, again. The Court remarked :-oa lnad y
1t, has, been said that the same punish
ment affects different individuals in differ
ent degreas. r 1t is true that an imprison-
ment FOR short time might be C greater
punishment to one individual than a much
Longer term would be for another. The
degree OF. punishment would depend upon
the position, character and organization of
.<the individual. 'Thisis also true when4he
punishment is by fine. 1t is the duty of
the Court, therefore, so far as possible, to
. impose such punishment as will-attain the
ends sought by the law--either the re-
straint or reformation of the individual or
an example to others The punishment
should be proportioned to the offense and
and should beWuaE Einall cases. The Court
can make no distinction between different
tanks JIM the community.
Mr.. Curtis testified before the lower
Court that when he, took hold of Mr.
s1Ghurchill,smose he simply turned it in a
moderate and quiet manner" but neither
OF the Judges seemed to consider this cir
cumstance as at-all extenuating his nhpett-.
f. GUS conduct. ..,..u.,, j
/, niJndge s Scudder :" Imposed sentence
in'e thera.following words Therefore
it is considered by said Court that the said
Cprtispfo the. offense aforesaid be i'm
s-pfisenea-in tie coMnfon jailin saidcounty,
to be employed and kept at work therein
in the same manner as other persons COM
mittedte said Jail I forathes term of two
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