Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1871-01-28
The Badgett Case.

PaPSi AoA the purpose OF rclullng the Ell1ui ana
malicious misrepresentation, by the local editor
of the Press and Herald of the facts in the case
of the State vs.. B. F. Badgett, as appeared be-
| fore me on trial last Thursday
| l have always been taught that the halls OF
justice, whether presided over by aD,stch squire
or an aristocratie Judge of the Supreme Court,
| were entitled to respect and due consideration,
and never, until this instance occurred, have
known them to be dehled or contaminated by
the mean, selfish aud low preiudiees of poll
ticians.
As magistrate, have no apology to make
| for my judgment This is a matter between
myself and my conscience, and my oath binds
me to administer justice without fear, favor or
partiality. II, in any of my judgments, have
erred, have done SO in good faith and probably
out of ignorance, as, unfortunately, 1 have not
been blessed with such thorough knowledge Of
criminal Jurisprudence as the learned local of
the Press ard Herald but as n private citizen,
l feel it duty owe to the public and especial
! ly to my friends who have by their votes, placed
me in my present position, and entrusted me
with their confidence, to give my reasons for the
judgment in the said case, and leave it to m in
telligent, ,unprejudiced public whether under ex-
isting circumstances and according to the evil
| dence before me, l have done my duty in &C.
cordance wi:n law or not.
| How are the facts OF the case? William F..
Ysrdley, ia respectable citizen of this city, al
though colored man. appeared before me and
| made oath in due form of law, that he had just
reason to believe that one B. +. Badgett hae
threatened TO commit 4 violence on him, and
that he had reason to fear, and did fcar that said
Badgett would kill or do him some great bodily
harm. Upon this affidavit issued warrant,
| causing Badgett to be arrested and brought be-
fore NE for trial.
ali the witnesses examined testified that
Badgett acted in very unbecoming manner !;
that he was greatly excited; made use of i'm
hproper language, accompanied by oaths or i'm
precautions Three Of the witnesses testified, in
plain language, that he took hold Of his pistol
and swore he would blow his brains cut, looking
at the time steadily at Iardley,
Esquire White testified that the defendant
was very much excited that he acted very un-
becoming that he, the Recorder, told him re-
peatedly that he must not act in that way, that
he would have order, &c. Mr. Waddle, the
Chief of Police, witness for the defense, testified
tffSt u.tu
he heard him sw ear, then looked up and saw
his pistol In front, and his hand down. One
witness showed exactly the position in which
lie defendant stood tthe time ard tho manner
in which he took hold Of the pistol 50 plain s TO
bear the impression on my mind, as il wonld on
any unprecedented person, that had it not been
for the presence Of the court and the members
of the police, and considering the exciteinent
the defendant was laboring under at that time,
breach of the peace might have been COM
mitted. I admit, one witness testified on his
oath, that the defendant was not excited at all,
did not curse or use bad language, thus contro-
verting Esquire Whites testimony. This wit
ness who had, owing to his close proximity to
the defendant at that time, better chance to
see and hear everything which was going on,
was the local editor Of the Press and Herald.
wish here TO mention that all the time dur
ing the progress Of the trial. the local of the
Press and Herald was present, heard all the
testimony, except one, and what might have in
fuenced the gentleman to present the case i'll
the manner he did, leave for others to judge.
Fearing that am trespassing on you, must
bring this article TO q close, but l cannot leave
the subject without referring to the law, as the
gentleman found it suitable TO his purpose to
quote the language of the Code, sec. 4,947.
'As general rule, surety of the peace should
be granted in all cases, if he who demands il,
makes oath that he is under actual fear of death
or bodily harm or any other injury, either to
his person or property, which, if done, would
amount to an oAcnse" Burns, 1. p, 29l, Sec
ton, 4,e4s, Code of Tennessee IF, however,
Il 20 Of
f.nse, the defendant shall be required to give
security" &C. Magistrates are peace officers,
and it is:their sworn duty to prevent breaches of
the peace, and it is nisdemeanor in Office for
any peace officer who knowingly refuses, or fails
to do his duties" Code 4,9il.
Now the way comprehend the law on the
subject, is for the magistrate to determine
whether, from tho facts before him, there may
be reasonable apprehension that the person
threatening TO take the life Of another would
carry his threat into execution. But how is a
magistrate-who is but a human being, and not
gifted with divine foresi ght-to know whether a
man will carry his threat into execution or not ?
Must he not be guided by a reasonable weight
of the testimony before him, and if this tcsti
mony proves that the defendant is of violent
temper aHo eAtitaUlc IL - my HuHADlO OPii1ioH
that il is the duty of the magistrate to interpose
the strong arm of the law
am not willing to get into any newspaper
controversy and feel sorry indeed that was
compelled in justice TO myself TO give tn csc ex-
plantations, and thanking you kindly for your
Indulgence, j leave the whole matter to the |
public to Judge my actions in the case.
Respectfully, yours,
julius OcHs.