Vicksburg weekly herald., 1877-10-05


bic men with white hair and weak
minds, who have outlived their useful.
ness and deserve to be laid on the
shelf We will therefore coneede the
"uature's nobleman," the more readily
as from all accounts the standard Of
nobility In Pike county does not seem
to be very high; but we respectfully
and firmly submit that q Judge who
fxeS the price Of q human life at the
pitiful cum Of two thousand dollars can
never rank in our dictionary as 10
synonym for admiration" and that
Judge s. has done this thing We will
forthwith proceed to show.
Our readers will remember that the
body Of Nathan D. Hirsch was recent.
ly brought here from Port Gibson tor
burial. The circumstances of hiS death
are thus graphically described by the
Port Gibson Reveille:
Mr.. James Bethea went to the store
of s. Bernheimer & Some, to have an
explanation as to q matter of business.
In talking with Mr.. Sydney Bern
heimer, he grew quite excited and
struck Sydney g blow, when the 10 tier
ran to the back part Of the store, as we
learn, to arm himself. Just then Mr..
Nathan D. Hirsch, one Of the leading
clerks In the house, went to the door
where Bethea was standing and remon.
strated with him, urging him to desist
from his violent language and conduct,
when Bethes, as 10 stated to us imme.
diately struck him q blow In the face
and commenced to draw his pistol.
Mr.. Hirsch made an effort 10 restrain
him, aud took hold Of him, q struggle
ensued and Belhea drew his pistol aud
shot him, the ball entering the right
right side OF the abdomen. Mr.. Henry
Hirsch, came out OF the store to the as.
sistance of his brother, who 10 a few
minutes staggered and fell, saying "he
has killed me-" Bethea fed but was
arrested q half hour after in q cornfeld
near town, and lodged in Jail.
At the preliminary examination be-
fore q Justice of the Peace, Bethea was
committed, Without bail, to await the
action of the Circuit Court of Claiborne
county. But BetheA's counsel were not
discouraged. They knew that there
was at least one Judge in the State OF
Mississippi who held that since the
passage of the Acts OF 1875, page 70,
all offenses were bailable, and be.
fore him the prisoner was duly taken
on writ Of habeas corpus; and though
the Supreme Court, in ex parte Forten'
berry, So NJ, 42S, clearly held that this
view "is tOhOHy Wntendble," yet Judge
Smiley admitted the prisoner to bail in
the sum of $1,000. Now, we have
nothing to do with the merits Of this
case. We are not interested, except 10
so far as II concerns every citizen 10 de-
mand that the law be strictly aud i'm
partially administered. Bethea may oil
may not be guilty Of murder. 1t is thC
exclusive province Of jury to decide
that point; but 1t is an old rule Of Law
that "Where the proof is evident, AMI
the presumption great" man charged
with the commission Of capital crime
cannot be bailed. Now, that the proc
was evident aud the presumption great
is clearly shown, not only by reading
the account of the affair as related By
the Reveille, but by the decision Of th'
Justice of the Feace in refusing bail
Judge Smiley may have been consci
entious in his decision, but 1t is certain
| ly q sad commentary on his manner o
administering the law, that 1t Is a no
toriOuS fact in his District, that Judgt
Smiley holds all ofenses to be bailable
It is customary among lawyers, VI
believe, to respect the decisions of Ou
High Court, and to abide by them, bu
perhaps II is the peculiar privilege o
"nature's noblemen" to disregard them
One thing is certain, that just such de
cisiOns aS Judge Smiley, in the case re
ferred to, are doing more to foster an
encourage q contempt for the law, tina
al other causes combined. II is use
less to pass laws for the punishment Q
crime when they are 90 recklesSly I'd
miniStered. Even admitting thI
Bethea is entitled o bail, iS 1t not
mockery Of human justice to fix th
amount OF bail at $4,000 for the KILN
Of Q man who stood 90 high In th
opinion Of his neighbOFs as Hirsch seem
to have doneH and what au Influx
WritS Of habeas corpus will Judg