The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1871-12-23
Pistols ian Court.

On the day of the last election in Phila
delphia negro named Jacob Gordon was
shot with pistol. from the effects of which
he died. Edward McNulty, a white man,
was arrested for the homicide, and at his
trial. short time ago. was acquitted, the
evidence failing to prove his guilt. During
the progress of the trial Peter Truitt, a col
ored man, was called as witness by the
commonwealth, and in answer to question
on cross examination stated as follows: 81
an, armed noio Thave rcroIrer no,o; the
first time / pet il in my pocket tCas this morn,
ing il is loaded and capped" After Truitt
had made this statement the following coli
loquy took place between VIM. B. Mann,
the District Attorney, MIR. Cassidy, the
counsel for the prisoner, and Judge Allison
Mr.. Mann. have frequently given direc
tious to these men to carry arms to protect
themselves.
hr. Cassidy. You had no right to DO so.
and you should be indicted for it.
Mr.. Mann. had the right.
Mr.. Cassidy. Only that OF private citizen
| to recommend; your Office as District Attorney
gave you no right to authorize the carrying of
pistol
judge Allison IN view of the recent occur
renecs in that neighborhOod, the colored men
would be justified in carrying pistol
Mr. Cassidy. That is only your Honor's
opinion.
Judge Allison And 1 shall so instruct the
jury without reference TO Mr.. Cassidy. or tke
opinion of anybody else.
Nr. Cassidy. or course, I cannot have any
dispute with your Honor upon this subject bat
| submit that when that case comes before you
judiciaIly yoa will pass upon il.
Judge Allison. ] say that l shall instruct
the jury to that effect.
Mr.. Cassidy. OF course, l know my place
member of this Bar, and do not propose
to enter into 4 controversy with your Honor
but you will appreciate that | would be doing
less than my duty TO my client If did not OBJ
ject to- this.
The doctrine above announced by judge
Allison is as unprecedented rs it is alarming
and is we'll calculated to arrest the most Sc
rious attention. 1t is the first time that a
Judge in this State has declared it to be the
legal right Of any nan, whether black or
| white, 20 carry loaded revolver on his per-
son, and that too in the very presence of the
Court. It is a monstrous doctrine, and, il
sanctioned by our courts, woald lead to the
most deplorEb!e results. It is false in law,
| utterly subversive Of the peace and good
order Of society, and would lead to fearful
development of crime. 1t would be a war
rant for every ignorant and lawless negro in
Philadelphia to take the life Of white man
for any real or anticipated danger. When
Judge Allison declared that "the colorcd
men would be justified in carrying pistol, >
be knew that there is an Act of Assembly 10
force, passed in 1850, which declares that
''any person within the limits of the city
aad county of Philadelphia who shall carry
any firearms, slupg shot, or other deadly
weapons concealed upon his person, with the
intent Herewith uulawfuily and maliciopsly
to do injury to any other person, shall be
desmsd guilty of a misdemeanor, ard on
conviction thereof, shall be imprisoned, p
ETC., and that the jury trying the case ma.
/ infer n unlawful and malicious intent from
! tho fact of carrying such weapons concealed
| upon the person. This is the written law
and is explicit and directly to the point, but
Judge Allison and the District Attorney
| both ignere ii and confer upon the bully and
/ the rufian an unlimited license to gratify
their brutal instincts. Such extra judicial
and mischievous advice to ignorant and
worthless negroes would create war of races
and lead to the most frightful scenes of riot
and disorder. 1t has often been said OF
Joseph Allison. that be is partisan on the
bench aud that his judicial learning is of the
most ordinary character. On the occasion
referred to he plainly disgraced his hi sh po-
| stion and proved himself eminently unfit 70
hold it. Better judges have been impsached
for far less cause and driven from an Office
they were unworthy to 6ll.
BUSINESS MEETING OF THE PENNsrLvA-
EIA EDITORIAL AssOCIATIoN.-The regular