Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1876-02-16

community.
Having considered the charitable
Jew of this case, in accepting the
lea of guilty ofmanslaughter, l say
II this aggravated case the punish-
nent should be commensurate with
he character of the crime, that it may
'e terror to evil doors. and that the
Dung man himself may be the great
st gamer. Ii il should take eight
ears to do that he will be a fortunate
nan.
This paper signed by the parents
If the deceased, is a very magnan-
NOUS paper for them TO sign--ad-
dressed in the proper spirit--it is
proper and charitablc--it is not only |
in overlooking the faults |
Of othcrs--it is not only human-it is
divine. Yet We have TO deal with
human laws as we find them and the
OF society. The necessity for
protection. the necessity Tor some
thing 10 deter others from the com
of crimes requires that the
law be enforced and such punishment
be inflicted as will tend 10 secure the
good of the defendant and the best
interests OF society.
Judge Hcndcrshott replied as FOL.
lows:
"ln the administration OF the crimi.
nal laws Of our country ia is practical.
ly recognized by all that it lie motive
intent that constitutes crime: there
must be an intent shown.
While as a distinct proposition ]
concedc that the plea interposcd fixes
the guilt of tho party, it does not show
a criMlnsl intent on his part at the
time of tho preparation of tho crime.
II there Is any intended otfense it is in
becoming intoxicated. The law does
not Justify, bnt palliatee, in a case OF
that kind. Tho wrong, or intended
wrong, in this case, consists alone in
the act of becoming intoxicated, and,
as previously remarked, 1t ia conceded
on all hand, that at tho time this
unfortunate 0ccurrancc took place
there was no mental capacity To form
an intent more than in u crazy persoD,
or idiot. There ID no intent which
makes that criminality and in view
OF the fact, and there il no certainty
but that the discharge Of the pistol
| was accidental--tO that extent he ia
guilty Intentionally. 1t may be said he
ought not TO have had his pistol. and
that he ought not TO have been intoxi
Gated and ircnzicd, and that ma, he
the reason for the plea OF manalangh
ter--bmt IL ia the policy Of the law Il
punieh even though intoxicated thu
condition of intoxica,ion being vol
nntiiy. There could not h.ve beer
any motive in his mind at tho time o.
the act don't know what inAnenc,
tho suggestion of Capt. Fee will hay,
on the Court, but it seems to me !
should be only a punishment to him
self and not az an example to others
l dislike that iaea--cvery man ough
to have an example in his own heart
and a man ought to receive punish
meut only for his own case don
like it. 4 never liked ito punish b,
way Of example. don't think 1t !
humane or propcr--l don't think it i
right. My oilensc needs my punish
mcnt and | am not to be pnnished a
an an example for others,
~
Carroll +. Jones: YOU have bee
: indicted by the grand jury OF thi
county for the crime of murder in TIL
second degree. to which charge yo
have plead guilty of lnansfanghtcl
: This plea the State has accepted, an
. | am called upon To discharge III
; very painful duty of consigning yo
} to the penitcntiary. This duty is e.
; pecially painful to me on account q
the friendly personal relations tina
: have existed for nearly thirty ycal
: between Your parents and mysel
during all which time i have know
them. as have all others may b
; permitted 10 say, who have know
, them ut all. us highly respectable, in
tclligcnt and Christian people, an
!. those Christian parents of yours hav
, spared no expense or pains to Civ
You such educational and mOra
+ training as would enable yon to tax
! a high social position ii society, an
vet careless ofall these labors Of low,
, and regardless of their tears an
, prayers. YOU have of late abandone
the sun-lil path upon which in tn
early morning of Your life you eli
tered with high hope and under fla,
tering auspices. and have wandere,
in the dark and dangerous path O
dissipation, until you have at las
reached that deep night Of mora
darkness that will sooner or later b
reached by all who continue to trca,
that GOd-curscd way; and shrondc,
i'm that awful moral darkness. fren
lied and lost 10 reason. Won took In
life of your friend and companion
one who never wrmged YOU. allt
one am told. whose character an,
morals were uneyceptionablc. AM
who was the pride and hope Of hi
intelligent and respectable parents
need not pursue this sad though
further. The sentence that await
YOU will not deprive you of hope fo
the future, hn! | pray God that thu
deep curse of that sentence may 81
burn itself into your very soul tina
through all the future Of your lif,
You may be constantly kept in re-
membrancc of the terrible calamit,
that has oyertakcn YOU. While
may not consider the obligations o
1 friendship Ill me ulrciifSc ni oHlcia
duties may and should consider tho
characicp OF The crime rs defined b,
the law. The State by accepting your
! plea has considered that the homicid,
was without malice. either express Oh
implied. but was unlawful. and II,
! YOU no doubt now realize terrible in
its consequences. The Judgment OF
the Court is that YOU be confined a
hard labor in the Peniientiary foni
wears from this date.
| j. {. KNAPP. Judge.
| OTHER SENTENCES.
l l,nnr.r1 tl.n