The daily Argus. (Rock Island, Ill.) 1873-1877, 1874-05-02
The Assault on MIR. Brooks.

mere Has uCOu ROOu ucdt Vi luuIgud-
ton on account of the assault on Mr.. WIN.
E. Brooks,-but the public will be glad to
know that he is now easier and hopes are
entertained that he has not sustained any
serious harm. Mr.. Brooks is delicate
man and has been subject to hemorrhages
of the lungs for three or four years past,
and on this account the attack caused |
more indignation, although his language |
may have been Unable as provocative of
assault.
There has also been some censure be-
slowed upon Police Magistrate Norris for
the light fines imposed in this case, and
for not sending the boys to Jail instead of
taking security for the fines.
The Gazette said:
The Young men who committed this dastardly
outrage were fined eight do la s apiece for their
work aud then turned loose to prey upon the COM
munity II is occasionally possible 10 offer premium
| on crime.
In relation to the amount of the fines
word or two of explanation will show that
the Magistrate, under the circumstances,
would hardly have been warranted in any
other course than the one he pursued
Jack Quinlan, (who, when he was arrested,
gave his name as George Walters) Peter
Smith, John Smith, Robert Meyers, and
Robert Buchanan were brought before
Magistrate Norris charged with violating
Sec 2, of Division III of an ordinance of
this city, relating to misdemeanors, which
reads as follows:
s2 ANY person who shall, in this city, wilfully
di turb the peace of others by any vioenr, tumult-
uous offensive obstreperous conduct carriage,
} or by unseemly, diane. obscene or abusive Ian
guage calculated to provoke breach the peace,
or by assaulIing, striking fighting anot 'er; and
person, who shall, in this city permit any such
co duct in or upon any house or place owned, oe-
cap ed or controlled by him - that Others In t e
vicinity are disturbed thereby; an any person no
shan aiG abet or ins g tie any UGH loud, violent
be deemed guilty f misdemeanor, and con
victio thereof shall b. fined not less than Ave dol
lars nor more than twenty-fy dollars, for c~ch and
every such offense.
City Attorney Gest appeared for the
d city and P. T. McElherne for the prison
d ers. None of the Brooks party could
r identify Buchanan, and the City Attorney
directed his discharge. There were 9th,
t ers in the party, but these FIVE were al
d that were arrested.
e The attorney for the other four offered
n plea of guilty. and no evidence was giver
s in the case. The City Attorney, after
talking privately with the accused, made q
Y statement to the court, as did the attorney
for the accused, but there was absolutely
n not one particle of evidence in the case
nothing but confession of having violat
Il ed the ordinance
+ The court suggested to the City Attorney
o to offer evidence in relation to the matter
e but it was not done. OF course the cour
!" had no right to know anything excep
, what appeared in court no right to pre-
t sumo anything, and there was not paru
d Gle Of evidence as to whether it was an ag
: gravated case or not, or as to whether AM
4 one was seriously injured 1t has beer
# the general custom, when parties plead
IS guilty, to assess the lowest fine named il
"a the ordinance, and, considering what ap
, peared before the court. in these cases s.
Re CdCH Wouiu HAVE U6eu Inc UUe
t The Magistrate fined them IS each Ha,
3 there been any eyidencein these cases or an
reason to suppose that any one was seri
t ously injured, of course the fines woul
c have been more. The City Attorney
re even after the plea of guilty was offered
c. should have taken the suggestion of tn
= court and insisted on putting in evidenc
10 as to the nature of the case and the aggrs
n waiting circumstances connected with it, i
order to give the Magistrate an emporium
ne ty or an excuse for heavier fine. BIZ
9 this was not done. and the Magistrate ha
/ no right to presume facts, in the absenc
of testimony, or to be Influenced by any
- thing he had heard outside of legal test
mony in court.
E. As to taking security, that was alway
:, C Istomary,