The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-03-08


my beer honestly, in the first place, and fait
of ful practice had intensified it. Prebat
it'll stubbornly refused to give or sell on
led credit a single mug. But Sleizwip W
fond of lettering about the promises
In Piebatsh. He enjoyed the atmosphe
'er around Prebatsh's. Perhaps, he though
to some philanthropist might happen alon
ly and invite him to drink; or, perhaps,
Id hoped that the heart of Prebatsh might u
ne timately melt. Neither of these phenon
ic ena, however, transpired, and one day
of while Prebatsh stepped out in the bac
yard, Sleizwip improved the opportunity
'k and went around the counter, and helpe
ie himself to six mugs of beer, and shoulder
t. ed keg, and was marching out with i
1t when Prebatsh returned.
lie " These are the facts and proof in thi
1t case. Of course Sleizwip was arrested ant
is carried before the police court, where he wa,
= convicted and sent up. But the sympathy
h Of portion of the'bar of that christian cty,
4 and a considerable number of the people,
, was aroused in behalf of Sleizwip, and
they raised pony purse to carry his case
/ to the High Court. You will find the argtl-
inents of counsel, with the lucid opinion of
the bench, in the 157th Missouri Now,
what was the opinion of the Supreme Court
of Missouri in the case of Sleizwip? Hero
it it:
The Court abrogateithe sentence of
the Court below, and discharge the prisoner
because they consider that when Sleizwip
drank the six mugs of beer, and carried off
the keg, he acted from sentimental i'm
pulse, which he was unable to control at
the time. The Court consider, first, the
inherent fondness for beer of Sleizwip
second, tho intensifcation of this infirmity
by long practice; third, his powerlessness
to resist the temptation. The law expects
not impossibilities, and it cannot rightfully
punish citizen for doing that which he has
no power to resist.
"Now, if your Honor please, can any
thing be palmer than that decision of the |
Supreme Court of Missouri? It bears di-
rectly upon the case before us. My client |
here, took a hog, as Providence intended |
for him to do, and as appetite forced him
to do. He took the hog, sir, because he
couldn't help it-and the law that have
quoted excuses him on that high and moral
ground
" will bring to your Honor's attention
one other case cited in the 9th Ohio Re-
ports. An Irishman, of Cleveland, got into
a dispute with New England oi1>peddIcr
In the course of the alteration, the book
peddler characterized the Irish people as
drunken hoglsh race. The blood of Erin
was up instantly, and the Irishman sailed
into that book peddler, and with one blow
of his fist laid out map of New England
on the floor. Then he jumped on the map,
gouged out one eye and bit off one ear.
The parties were brought into court. The
Irishman was tried for assault and battery
and manning. The jury acquitted hi i'm ups
great enough to justify the assault, and the
further ground that he took no adYant tage of T.
lis antagonist, and used no weapons except o
hose which nature had given him The O.
endor of tracts, however, was not satisfied a
With the verdict, and took the case up to s.
he Supreme Court, upon suit for dam "
ges. And what did this Court say? See c.
Z Ohio, p. 1919. This is the language of Il
lie Court The verdict of the jury is sus- 81
aimed, and the judgment of the Court be- al
1w affirmed, and the costs of the suit taxed C
, the book-peddler.' N
''Now, if your Honor please, l have a dozen CT
ther authorities, equally strong and con- W
usive, nil bearing directly on this case, 81
ted in this roll of notes !; but have quo pl
'd enough to satisfy your Honor that this &C
cfendant is amenable to no law-that he tn
tied purely in self defense, and according WI
the unorring instincts Of his nature, tn
hich God Almighty implanted in him, tn
ID is therefore entitled to his discharge - to
Snailor sat down. Mr.. Blank regarded pl
m with wonder. Blank had not yet gone in
to the Reports of the various States. and ms
lailor had spoken with such an air of pos
ve oarnestness. that Blank felt bound to ell
lieve that SnailOr had tracked the law. res
e BLANK saw no reason why Snailor had pc
It, and didn't undertake to refuie any Of ella
g points made. The justice was not ma
ear about the law of tho case, but Snail> tio
s manner was so convincing that he the
Int think it safe to commit the prisoner ito
ter considering for few moments, he mo
id: in
This Uourt's decision is-Jake.- stan sio
thar. You stole that hog. You knows H.,
u did. But Mr. Snailor says You cou!dnt
lp it, and the law and the Scripture is Zen
in Furnishing you for it. 1 excuses Won
Is time, but eff Won ever steal another hog tba
have You skinned alive, no matter what
v and the Scripture sez about it. You un'
1 60" the
Upon our return 10 Williamsburg said: and
low on earth, Snailor, could you have the -,
lacity to quote from the S7th Kansas
ports, the l57th Missouri, and the 97th nan
10, and weave such chain of absurd de- L
ions ?" he
'what in the h-ll is the difference" re- nv, ~
ed Snailor, 'didn't / win the casesr ''o
Yes, you won it, but you jaw~hawked pro
But wasn't you afraid the young limb his
uld expose yOu?' ami
,raTPo Cnurt decisioy in ne LII S',a va by
rk Re,,ort that the moon was cake ~ hav
en- cheese, he would have considered it a be i
lng point well taken, Afraid Of himl com
ige.'