The daily gazette., 1879-11-19
wEDNEsDAY. NOVEMBER 10 ls7s


Yesterday TO the heavy cost that the
county was frequently put to by crime
This cost rests upon the whole people.
Every man aud woman is compelled to
pay some portion OF it, and, therefore,
every man and woman is interested III
pecuniary sense as well as for the moral
standing Of society, in endeavoring to
diminish crime. To be sure every good
citizen will say that even petty crimes
should be punished and that it is not
proper to compromise with Criminals.
But then men must determine lor theui-
selves sometimes this question oil pro-
priety. II is hardly necessary for a man
or woman to assume the character OF
An avenger in all cases; and 1t might
frequently be to the benefit oil all II
many petty cases that are carried TO
court were never sent there at all. We
have heard it related as a fact that the
stealing q single pair of chickens by a
negro, in the trial, conviction and pun
ishment of the thief, had cost the people
of the county one hundred dollars.
There seems no sense in keeping a man
three months because he has stolen a
pair of chickens-common sense would
dictate some less costly process. 1t is SO
with many petty larceny cases. Many
of them should never be carried TO court
at all--and q great many men show
their good sense in refusing 10 prosecute
rather than be called away from their
business and be put to cost attending
curt.
There was a case tried on Monday at
which the court and the jury both showed
distaste to act upon. We allude to a
man by the name Of Gallagher. The
case Is thus reported in the GAZETTE
Ida Carpenter being sworn, testified
that Gallagher came To her house ON the
afternoon Of the 9th of November, and
took . lady's coat, valued at about six
dollars, which was hanging in the entry.
and when he started, the man came back
and gave up the coat.
The prisoner was not disposed to ask
the witness any questions, but bel G
prompted by two or three lawyers, 1t
finally asked few, and got the witness
to admit that he gave up the coat readil,
and that he looked very much like
drunken man, after he gave up the coat
Sarah X. Carpenter corroborated tn
testimony of the first witness, and sal,
the man refused to give up the coat un
til Frank Fernan had been sent for.
Frank Fernan testified 10 seeing th
man give the coat back to Miss Carpet
ter.
The State here rested its case, and Gal
lagher addressed the jury briefly, say in:
he was q tinsmth by trade, and at th
time Of the otiense was on a spree, an
being drunk did not know what he wa
doing.
Mr.. Cooper spoke briefly in relation t
the prisoners plea, claiming that hi
drunken condition was not proved, All
also that drunkenness was no excuse IL
his crime.
Chief Justice Comegys briefly charge
the jury in regard to this case, stain
that they could consider the plea
drunkenness in regard TO the intent
the accused. If they felt that the ma
was drunk and took the coat with 10 il
tent To convert it TO his own uses or pu
poses, they might acquit him, but if th,
felt that he took it with the intention
converting it to his own use and prof
they might convict him, drunkenness
no drunkenness.
The jury, at 3:45 o'clock, retired
wrestle with this tough problem.
After being out several hours the ju
returned verdict Of guilty" We 5
nothing in the trial of the case to cri
else. The remarks of the Deputy.
torney General seem only sufiicien
strong to show that be had dischar-
his duty, while the Court in charging
jury showed commenda5ie sentimt
of humanity that must meet the
proval of every citizen who is not L,
to the purest emotions of christani
OF course we know nothing of Ga
CHER, or of his character. But his C
is just such a one as the proprie.y of
prosecution of might we'll have b,
questioned. Drunkenness is no exc
for crime; nor did the Chief Justice
that it was.
If it were not presuming too much
would suggest to the Grand Inqu
and to the Court both, the propri
Of announcing in some shape to the /
pie of the county the propriety Of Sc
Ing as few petty cases to Court for Il
as possible. The voice of the CIR
Jury and the Court has always been
tential in this county; and we b
every reason TO believe that it would
prove less so now. 1t is doubtful VIII
or much good results from such petty
Nctions, while the county is put to
great expense.
Hon. James Gilfillan, United 81
treasurer, in submitting his annua
port to Secretary Sherman, says the
"a q \ I