Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-04-13
Decision in the Meehlfn Case.

THE FACTS DEVELOPED.
In the Police Court to-day, Judge Smell rem
dered his decisions in the Mechlin assault
eases. He said that in dispOsing of the five
cases for assault by defendant on his three
daughters, Charlotte. Annie and Willie-young
ladies of the ages of 19, II and Is years-he
should he obliged to review the evidence some
what at length and state briefly the principles
been developed: The parental relation con.
ters the authority as it creates the right OF
family government, as recognized in the COM
mon law, which materially abridged the pat
ria pOteSta of the old Roman law. While
under the Roman law the father welded the
fearful power of life and death over his chill
dren, the common law conferred only the
dency of the times as indicated by ju-
ther than increase the -asperity Of the
ence the right of the husband to chastise
the wife has disappeared, and in our public
schools corporal punishments have given place
to better methods; but the right of the father
to inflict moderate punishment unqueStiona-,
bly, still remains As to the right, and mode OF
the exercise OF the right of punishment by the
says that the true ground on which the right to
infict parental punishment ought to be placed
IS that The parent ought TO be considered as act
i III ina 1udlcai capacity when he eorreets; and
although the punishment should appear to the
trlers to be unnecessarily severe, and in no
should also appear that the parent acted con-
SclentlOusly, and frCm motives of duty, no verI
Diet ought to I've found against him. But when
me punishment pun is, in their opinion thus unrea.
sOnable and 1t appears that the parent acted
mao amino, from wicked motives under the
influence of an unSOciGl heart, he ought to be
he ought to be excused; but for malice
o. heart he must not be shielded from
the just claims OF the law and child"
Did the defendant act from conscientious con-
nd n
worthy motives? In fact was he not in his
heart cherishing malice toward his children?
10 determine this question we naturally look
al The circumstances attending the punishment
III all these cases; the nature Of the offences
committed by the children; their age, sex, and
physical strength TO endure punishment. We
look also to the instruments employed Judge
of their SuitabehesS for the end in view We
md the subjects of these assaults to be young
ladies n manageable age. We find no at
tempts at defiance or contempt OF authority:
but on the contrary, timid submission. 1t is
uue. IN one case. the yOang lady lady left the
paterhal roof with purpose to try the world:
but she returned without remonstrance. upon
promises that were not kept. The offences
We're all llght-insignificant trivial. Because
and the breakfast is late. she is struck in the
face with the clenched fist, her eye is black
ehed she is struck with stick dozen times
or her arm, which,remains black for two weeks
He proceeded TO review the evidence for the
Government, and said: This want of aztec
tIon kindness and forgiveness, is the key to
He went over the evidence for the defence.
embracing the testimony of Ella, DIR. Oakey
ana MI. Mechlin, and what the latter said in
relation to the severe punishment on Willie
by bending her over the bed and infiicting ten
blows with stick ION her naked person
Continuing, lie said" The defendant is a
man OF mature years, intelligent, not addicted
10 ntemperance, and nothing abnormal had
been suggested by his evidence which should
ne considered in judging of his responsibility.
He has borne himself with great firmneSS
through the ordeal of his trial At no time has
he given away to any of the ordinary NANTES
latlOns which might be expected on such an
occasion. The subjects OF these several as
Saults. as we have seen, are young ladies in
telllgent, sensitive, apparently refined and not
strong. Inc Impairment OF mind is not con-
genital, but temporary. While, as we have
seen, the offences committed were not enor-
nous, but trivial, the instruments of punish
ment employed were the cIinched fist, a chsel
manner handle, screw driver, chair rocker
confinement in room in the month of
December without any fire, tied with cord to
i tOx, and Kicks from the defendants feet,
IN me face and upon the head. With all the
explanations of the defendant fully cOnsid-
cred and weighed, / am utterly unable to
reconcile the use OF these instruments of tor
proper motives in intGcting parental punish
ment. The ViOlence-the unnatural and un
reasonable severity manifested the dispo-
sition OF punishment to offence. the inselisi-
billly. cOarSeneSs, and brutality which cnarac-
terlZed all these painful scenes, all bespeak a
heart regardless OF social duty. and exhibiting
al III,
depraVed, and malignant spirit. From a
careful consideration of the evidence
| find the defendant guilty of several as,
SauilS ana batteries charged in the infOrma-
lions, Regarding the first assault in October.
1877. the lightest, he is sentenced TO paw a fine
OF so and in default thirty days impris0n-
ment in the L. s. jail. AS the evidence dis
closes a system OF persistent cruelty on the
part OF the father utterly inconsistent with
the true character he should sustain to this
children, he is sentenced to six months i'm
pTlsOnment in the Z. s. jail i'm the District of
Columbia on each OF the remaining informa-
lions as they may appear"
Mi. Iaggart, counsel for defence who has
ably defended his client throughout, at the
close gave notice of an appeal. and bonds were
hxed at slO0 in the first case and 500 ;each of
The daughters were not present in court to.
day.
DISTRICT COMMISSIONER BRYAN AND SOUTH
ERN EMIGRATIoN.--There are many families
IN ihe District out OF employment who are
suitable occupation. Quite a lively interest rest
has OF late been awakened to the prospects
In the south. The people of the south are
that country. Several meetings have been
held here and in North Carolina looking to
this end. A committee started from this city
lead of Hon. ID. w. Aiken, of South Carolina
The citizens here interested in the matter
have addressed a petition to District Com
missioner Bryan, desiring him to go and make
a tour of observation through the western
portions of North and South Carolina so as to
report on his return what advantages are
held out Tor such emigration. His official
dulles have thus far prevented, but now that
MT Aiken and others write back renewing
the request. he has concluded to go i'm behalf
OF the District portion of the proposed COLONY
ard will leave Oh Tuesday next, to be absent
about week.
WILL CASE ON TRIAL.-In the Circuit
Court, Judge Cartier, to-day, the case of w.
H.Wall agt. PrentiSS and Mattlngley trustees
was resumed. This case is tried on issues from
the Probate Court as to whether paper offered
Tor probate on the 18th of November 1876. was
and is the last will and testament of Jennie l..
Wall: and whether at the time of the exc
cution OF the paper she was of sound and dis
posing mind, capable of making a valid deed
or instrument. Miss Wall left about $1,000
worth OF property, and bequeathed 500 each
TO her brother and DR.. JoSeph'S, and the bal
ance OF her estate to the trustees named i'm
trust for the child or children of the brother
and II he should die without issue then to the
Chlldrens Hospital, should it be existence and
II not to the Washington City Orphan Asylum.
Judge Rice and Mr. Ward appeared for plain-
TIN, and MIR. Merrick for defendents
THE BALM OF LIFE DIVORCE CAsE.-Editor
Star: had intended TO remain silent regard
ing the serious aSpersiOnS against my character
made by The yender of the Balm Of Life for
The present, and allow them to pass as the
raylng OF mOOnStruck idiot. nreferrinu To