Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1875-08-15
THE KEYS CASE.

Beatty, explanatory Of his course in the
case of P. w. Keys, who recently had
an examination in the Justice Court
upon a charge of grand larceny, in steal
ing some 81, 800 in money and checks
from II. Kind some time ago at Ruby
Hill, the full particulars of which were
published at the time in the SENTINEL.
The disposition of the case has excited
considerable comment, and we cheer
fully accord Mr.. Beatty space in our
columns for his explanation. That he
was correct upon the question Of law,
no one familiar with the statute under
which the charge was brought, will for
a moment deny, especially when taken
in connection with the evidence ad
duced at the examination. The law is
defective in its provisions SO far as re-
lating to the custodian Of money or
other portable property is concerned,
making it practicable for a dishonest
person to whom is intrusted property
Of that kind to appropriate it to his
own use without incuring the risk OF q
severer penalty than that attending the
lesser statutory crime of embezzle-
ment. In short, a thief, who is fortu-
nate 10 have money intrusted to his
charge under certain circumstances,
can steal hat money without being
smenable under the law to a charge OF
larceny. In our opinion, the only
point wherein Judge Betty erred, was
in attaching too much importance to
matters which should not have been
considered in the exercise Of his discre
tionary power. The principle object Of
the organization of county govern
ments and the levyiny of taxes
is to protect the lives and prop
erty of its citizens. This can only
lie effected by furnishing those
who violate the laws designed to pro-
tect honest and law-abiding people
against the designs of thieves and other
criminals, and the question of expense
to the county should never be consid-
cred where the ends of justice are al
issue; for were it not that such ex-
penses were expected to be incurred
and met there would be but little use
for the organization of a county or
municipal government. The feelings
of Mr.. Kind towards the defendant,
while it had no legal bearing, he be-
ing only n of the entire people of
the State, who were the plaintiffs in the
case, would perhaps be entitled to con
sideration in the inflic:ion OF the pen
atty, as he was the only actual sufferer
from the acts OF the defendant. The
duty of prose cutting offenders is gener-
ally distasteful to attorneys Of kindly
feelings, and oftentimes the attorney
for the State may consistently express
his regret at being Obliged to perform
an unpleasant task and still discharge
lis duty to the people fully and faith
fully, as did the Acting Attorney in
this matter, although w confess we
could discern no particular call for an
extraordinary amount of "gush" this
case, which, stripped of its legal
surroundings, and, viewed entirely
from a moral standpoint, was about as
void rs any case that eve caiae under
our observation Of those chivalric at
tributes or deeds of daring which some
times, despite ourselves, command
our admiration for a criminal while we
deprecate his crime.
In regard to Justice Beatty, his
career as a magistrate in this town has
been marked by prompt, efficient and
faithful fulfiilment of his duties. He
perhaps slightly erred in this Ease, but
it was not pom a legal point. 1t was,
If any, in the exercise of his discretion
airy power in releasing the defendant
upon his own re~cognizance, which, we
believe, he should not have done, ex-
cept for some other reason than that of
saving the county a few dollars ex-
pense, although we presume it will
amount to the same thing in the end,
for we entertain great doubts whether
anybody will aver be convicted of any
serious offense in this county under
the present jury system.
~
RAILROADS. - Uncle Dow, of the
Reno Democrat, intimates that vi have
undergone some change on the rail-
road question. For his information W.
will state that we stand now precisely
where we have always stood. We he
lieve that the construction OF railroads
to all leading mining districts in this
vigorous young State of ours is an alb
solu,e necessity; that the day will
come when we can't longer get along
without them; that the tracks OF those
now in existence, should not, without
good cause, be torn up; and, finally,
that the man who prefers a palace a
IN a WauOu Dar~ticnlarl v II ha