The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-12-08
The report further SAYS !:

The CARROLL CAsE-Card Of Geo.
ID. Wise, Esq.-We give space with plea
sure to the annexed card of Geo. ID. Wise,
ESQ, Commonwealth's attorney of this
city, who very clearly defines his duty in
relation to cases of felony, showing, not
only the right, but the duly of the Com
monwealth's officer, when such cases are
brought to his attention.
The question of Carroll's trial after be-
ing once discharged, having created consid-
cradle discussion among certain parties, we
wrote the article of yesterday in order to
bring out the facts and settle the question
of jurisdiction; this, too, without any in
tention Of doing injustice to any one:
y, Mr. Editor-The JOURNAL of Yesterday con-
tains palagrapht 10 which, for the sake of truth,
beg the liberty OF a brief reply. am sure You
would not have published the misrepresentation
it contains If you had been informed of the facts
Police Justice White had no potoer under d,ay act
Of the Virginia Legislature to discharge Thomas
CdrroH The recent act to which you allude gives
the Police Justice the right dispose Of cases OF
petit larceny and common assault and battery.
Gases of felony and all other cases of nisdemea
or, except those specified above, can only be dis
posed OF in the Hastings Court
The Code of Virginia defines what shall be
treated as felonies, ''such offences are punish
able when committed, with death or confinement
in the penitentiary." Uquote the very words OF
| the law. For malicious shooting, a party con-
ycted, Is punishable by confinement in the peni-
tentiaiy, not lessi than one, nor more than ten
! years; for unlawful shooting he is punishable
by confinement in the penitentiaIy, not less than
one, nor more than five years, or at the discre-
! ton OF jury mot judge, certainly not u magis-
| trate) in Jail not exceeding twelve MONTHS The
| law expressly provides for the punishment, by
confinement in the penitentiary, and there is no
tribunal other than the jury with which is vested
| the discretion to make it less.
feel sure the people of this Commonwealth
| will not easily surrender the right OF trial by
jury, especially u cases of felony. The code Of
! Virginia expressly forbds that feonies shall be
compromised and rs IN officer have sworn to
obey and follow the law, and wish 1t distinctly
understood, that so long as the good people OIL
! Richmond shall honor me with their confidence
and support, shall pursue the line of my duty
! in obedience to my oath without regard TO wha
the idle or the uninformed may think or say.
But did not propose to discuss my duty;
feel that you could not have said, as you have
that it was for the sake of the paltry fee If yot
had known, that both Carroll and his honorabl,
counsel have thanked me for giving him Ia poo
manl every dollar of my fee. l made him
present of it, voluntarily, twenty-four hours be
I fore you wrote y0ur paragraph, and so did th'
| clerk OF the court, and thus enabled him to es
cape confinement; and in this connection ma,
4 add that L have never in my, office claimed an,
fee from a prisoner as costs, Jas had right t
do, and so fur the profits of my office have beel
4 tar less than they would have been otherwise.
] Gsg GEo. ID. WISE