, 1873-11-05
THE RAFFERTY, CASE.

Tile Judgment Of tho Supreme Court
Of the State in tho case Of Rafferty,,
which nc publish this morning, is worth
reading. Leaving out of view altogether the re-
versal Of Rairerty's sentence, the language OF
tho opinion betrays bitterness and sort of Of
dcia1 yindsctireness which is not pleasant, nor,
ITO nlay say, decorous. Tho learned Judge
who delivered the opinion has been &C.
voroly criticised for isauing writs Of Bu-
county. In one Of these cases, ho hna been
recently oyerruled by the majority OF tho Court;
and ho seems, in this opinion, to find satisfaction
IN reversing second time tho conviction Of
brutal ruflian for the wanton murder of faith
full public officer.
Tho legal cause for the reversal is, that on the
trial tho Circuit Court refused to admit evidence
showing that tho warrant on Which Rafferty, had
been arrested by Officer Scanlan, WAS illegal aud
void. This is now held to be proper evidence,
because, the warrant being Illegal md void, tho
arrest was equally illegal, and tho killing Of
Officer O'a1eara WAS no moro than manslaughter.
We do not propose to argue this question with
the Supreme Court. The fact8 Of tho caao wero
worry fow and plain Rafrorty was notorious
r1iian. He had long been known to the police
us such. IIo was known to be desperate nnn,
and shortly before this Ind notified Officer De-
dell that " None Of those sons of bitches Of po-
iieo1non at Bridgeport " should evor arrest Linn
5 long US ho had pop (pstoD with him. Aa
special complaint having been made at the sta.
ton, the Sergeant in charge filled out blank
warrant, previously signed by tho Police Justice,
for tho arrest of Rafferty,, md delivered it to
Officer scanlan to execute. scanlan, not know
ing Rafferty, asked Officer O'Meara to 60 along
to point out the man. After midnight,
the tw'o officers onterod a saloon whore Rafferty,
WAS. O'a1cara pointed him ont, Seaman ar-
rested him, reading tho warrant. O'a1eara &C.
nainod at tho front door, taking no part in tho
arrest. At frat, Ralforty made no objection to
! the arrest; then, getting some feet away from
| scanlan, he deliberately fired at aud killed
| O'alcara, who stood between him aud the door.
| The Circuit Court excluded tho Testimony as to
tho illegality Of tho warrant, because tie war;
rant aud tho arrest lad nothing to do with the
murder Of O'Aleara, who was not executing tho
warrant or making The arrest. Tho fact
| that ho WIS an officer was accidental !;
my other man who knew Rafferty, would
have answered aB well. Rafferty, would
lavo killed any other nun who stood
whcro o'Aleara did aud in tho way OF Ills
escape The Supreme Court, however, decide
that oyidonce as to tho il!oga1ty of tho warrant
served By ono officer onght to hayo been ad-
mittcd because 1t tended to reduce the cri,no of
killing another officer from murder to man.
slaughter. 1Ioro III the way Judge McAlliste1
represents tho relations of tho man killed. to the
man who killed him:
Tho record contalus evidence tending to show Tia
the homicide committed by thu prssoncr III resist
Ing the licensed, who WAS policeman Of the City Q
Chicago, whila engaged, In connection with anothe
policeman, whom hp aiding, III tho act of co1u
1ulttiug illegal and wholly unjustiHabo invasion
plaintiffs liberty, by attempting to ae!zo hts perso
and tako hsm on to prison, without Any authority II
law gu to do.
Tho ordinary render Of this paragraph from
tho opinion OF Judge MoAllister will wonder OK
ccedinely why the froemen Of tho City OF Chica
go, or Of the whole State Of Illinois, hayo no
long since voted honors to christopher Rafferty,
who, in repolling an "inyaHlon OF his liberty" D.
al attempt " to BcIzo his porson and tako hiE
OF to prison without any authority In law 80 t.
do," gloriounly shot down the mum engaged il
tho " illegal aud wholly un1ustIaablo aet." WLo
Rafferty, reads this tribute to hia heroism, thI
oxaltatlon of his high moral purpose Of protect
lug tho person and liberty Of tho citizcn agatna
unjustidablo invasion, l4e may indeed rauh hin
aof among Tie patricia OF tho land tho Williat
, TollA Of NIL ages
Tho fact, loweyor, was that Rafforty waH jut
drunli enough to have h!e iu!,erout brutaiit
mel. Ito had ,naas his previous threats t
. kill any policeman Nho might attempt to SIRE.