Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1876-11-30
The Chicago Murder
Trial,


! ! livan, the homicide, selected hi.
Judge by swearing that he believ
} ed that no one of the other seven
,, judges would give him q fair trial
} This Judge has SO conducted him.
self throughout the trial as to de.
fy public judgment and to bring
general contempt upon the ad.
ministration of the law.
1t is not worth while to recapit-
ulate the gross improplieties that
have characterized this notorious
trial, but the whole country may
well consider the condition of
things in court where the Judge
dares to instruct a jury that "a
citizen has a right to carry about
his person loaded pistol for a
lawful purpose, and the protec-
ton of ones person from an un.
lawful attack is a lawful purpose"
and also, further on, that if the
| jury believed "the circumstance
of his having pistol with him
was solely owing to the practice
and habit of carrying it, then the
jury should dismiss from the case
the idea Of previous malice"
Says the Chicago Tribune:
"These two instructions, taken
together, mean that the habitual
CARRYING of a concealed deadly
weapon, which is an indi;table
offence under the statute (Chap. 50,
Sec. Sc, Criminal Code), SO far
from being a violation of law, is
evidence of a lack OF m lice when
the owner Of the weapon shoots
and kills! Coming from Judge
on the bench, such advice, dealt
out to ruffians and bIllies of this
great city, as well as the Sullivan,
jury, is O menace to the safety Of
society. As to the law of self.
defence, McAllister's first instruc-
ton was so vague that the jury
asked for further light on the
subject, and he then instructed
them that it was enough if the
apprehension and lear Of danger
was apparently well.grounded,
and subsequently that the prison.
er was the sole judge Of the sit
uation. The States Attorney
succeeded later in compelling
McAllister to modify this instruc-
ton SO as to make it apparent
that the prisoner acted rs a rea-
Sonable man would act, and not
like Que mad with rage or tremb-
ling with irresolution. This was
important, since Mr.. Dunham had
testified that he was holding Ham
ford when Sullivan knocked him
down, and had seized uanford
again when Sullivan shot him,
showing that Sullivan was in no
danger whatever, and shat the
weak, feeble man whom he first
attacked, knocked down, and then
killed, was actually pinioned
when he was shot; but the enforc-
ed modification of this instruction
lost all its weight against the bal
ance Of instructions in the prison.
er's favor"
Sullivan is Bew at large, for
the iury disagreed, and the bail
was only $4,000. 1t may be i'm
possible to punish this man who,
surrounded With friends aud arm
ed With a deadly weapon, went to
the house of his victim, and be-
gan a quarrel that ended with
shooting him dead in his own
door. way. But the more difficult
it is to punish such a crime, the
more seriously will Chicago lay to
heart the lessons of this tragedy.
If the city chooses to allow such
influences to breed and bask in
the warm atmosphere of public
Office and public favor, she must
endure the danger and disgrace
when they break out into murder.
Gus attacks and judicial outrages.
Reaping the whirlwiDd will
make her more careful in the fu,
ture about sowing the wind, and
, in this way Mr.. IIanford will not
have perished in vain as the VIC
tim Of an intolerant spirit that
needs only to be known in this
country in order to be condemned
and cast out,