The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1879-05-23
REFORM NEEDED.
Law and practice an Criminal
Gases.


+
Law and ara ctice an Criminal
Gases.
breckenridge Ncws.l
Il Is assumed by public opinion that
hom;cidai epidemic prevails through
out the country. That the deadly
weapon, on slight provocaiou, and
causelessly, i invoked in the dlfereu-
ces that constantly arise beheeu men
( ia their Intercourse with e'eh ether,
leading to destruction, Of lie to a fear
/ full extent. Ii Is pot urgd, neither
/ indeed can il De, that differences be-
tween men are more frequnt than in
/ former days, but that these differences
lead to more disastrous ends. The
( old fashioned "fst.and- kill con
test, when the combatauts we're sur
rounded by admiring and cheering
crowds crying and seeing to fair
play, i a thing Of the past which ex-
lists only in the memory of lhe oldest
inbabitant.' The crack Of The repeat
ing pistol and the CLEAN of the bright
/ blade have supplalted the old time
but manly contest in the riog on cleo
too aud mu>ter-day.
1t has become a duty 10 examine
into the causes Of this, aud, if j; eau
be done, TO suggest and enforce a
remedy. Der education IS general,
aud it has always been so, MOTTO brook
insult. Tive man who gives the insult
usually expects and Is prepared for a
conflict, we'll knowing that his insult
will bring il on in most cases He
is morally, and 10 all in;ents aud pur-
poses, as guilty as his antagonist whom
lie often forces info 4 fight. But it is
often the case that he who resents the
insult is made to sul'er by law, on the
legal ground that it il be who has
broken the peace, while the one who
is really respou>ibIe, because he Is the
real iusrigatOr, escapes Just penalty.
1t IS true the common law declares
bin guilty OF an "afray" NhJ uses
language toward another iu plbic
place provocative Of breach OF the
peace, but 50 far as our practice IS
concerned, tbs just view by tue co
mon law is practically Ignored.
We should enact laws te meet tbs
wants Of society If rightfuhy or
wrongfu.iy i; has been educated into
the public MUD that 30 man nay en-,
dure iu-ult from another wiihmt re
sentjng it., aud the act OF rsenling
leads 10 c0mb1t which, too ,ften. i
disastrous in the extreme. Tie evil
should, by menus the most ezpedi-
tious, be suppressed
The best way 10 eradicate evil /,
Ito lay the AK a tho root Of tie tree.
Let law thorough and coupreheu.
sige 10 It's definitions and s0pe be
passed By the next legislature, making
it az ofeuse punishable by setere fine
and Imprisonment for me to
indulge III Insulting aud abusive Ian
guage toward another Let Us outlaw
the man who provokes the beach Of
the peace. Let society by lar brand
him as disturber Of is good wicr.
We then begin (lorcibly itmay be-
to educate men to be gentlemen. We
teach them that the laws OF the coun-
try will not tolerate the sirappiug
bully who goes about stirring up
others to strife and then escaping.
provided he has goaded another Into
! eonfic. with him.
y large percentage Of the homicides
in the land results from this very
cause. \ man, bully by nature, APP
croaches and by insult aud opprobri~
um gods him into some sort Of resis
lance aLt then kills him. Gu the
trial Il is proven that the dead man
advanced OF made some demonstra-
TORS "a one way or another, and the
jury concludes that the defendant was
10 danger Of death or great bodily
harm, or was apparently SO, and
aequit him, while the truth of the
matter is that the man who was killed
is the only one who ever was from the
beginning ia any real or supposed
dagger. Prepared Cor any emergency,
he bounded the other into resentment
aud then killed him, the direct imme
diate Consequences of his own unlaw
iul act IN the first place, for ~S,ich he
il, nine cases out of ten, declared by
the juries Of the country guiltIess.
Let US have law that reach and re
strain the primary aggressor. Let the
quiet, peaceable mau feel that the law
shields him from insult as we'll as
actual violence, and that he ia not left
altogether to his own resources to pro
tect himself against the rufians from
beginning to eod.
There is 4 tendency in the public
mind to blame the courts for laxiiy IN
the administration of public Justice.
Courts car do nothing unless suss
tanned by public sentiment. Juries
are drawn from the BODY of the
people. If they fail in duty, lhe fault
is in the people. If the laws are lax
the people are to blame, for they made
the laws. We propose in future issues
to speak further on this general sub.
ject, and to point out what we con
ceive to be some necessary amend
Ia 0,rr