Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1880-11-12
JUDGE BOWIES CHARGE.

ions, during the past twenty years, have be-
come part and parcel of the legal juris-
prudence of the State, and whose unblem-
ished purity of private character has made
him worthy exemplar of the community in
whose social and material prosperity he has
devoted the best part of his life, should so
tenaciously cling to the conventional and
literal enforcement Of a principle of law to
cases where it is impotent to be effective as
a preventive to like offences, and thereby
powerless to afford protection to defenceless
women.
We appreciate the very forcible language
used by the learned Judge in giving express
sion to his views against the crime of rape,
and we do not hesitate to say that the clear
ness and soundness of his position in rela-
ton to the same will be endorsed by any
one who may read his charge But we can
not agree with him that in the two cases to
which he has thought proper to refer, that
Justice has been ravished," or that "the laws
of God and of man have been equally vi
olated"
Crimes which are so fiendish in their ma
ture, so horrid and revolving in their execu-
ton, so narrowing to the unfortunate victim,
that usage and custom have grown to be the
common law of the land, and the commun-
ity wherein such outrages have been COM
mitted have become the judges, the jury and
the executioners. In doing so, they have
been governed if not by the letter of the law
at least by it's spirit
There is not general principle of law as
laid down in this portion of the Judges
charge but which has our most cordial and
emphatic endorsement; but we cannot think
that it was ever intended that the same, as
applicable TO this character of crime, should
have literal nterpretation--such literal in
depreciation would lead to fragrant injustice
and cruelty, not only to individuals but TO
society. One of the commandments of God
to his chosen people was, "Thou shalt not
kill; !" but it is further said, "Neither shalt
thou commit adultery" and in the same
book 1t is commanded that the adulterer be
put TO death. If the commandment, "Thou
shalt not kill" should be literally construed,
putting the adulterer to death is violation
of that commandment We find it also com
manded to the Jews to make war upon and
slay the enemies of God. "Thou shalt surely
smite the inhabitants of that city with the
edge of the sword, destroying it utterly and
all that is therein, and the cattle thereof
with the edge Of the sword" Now, obedi-
ence to this law would also be n violation Of
the command, "rhou shalt bot kill" if that
CONF ARe- literally construed but that
- hin not admit Of literal inter
BIT was not intended to apply 70
20 Stays the tdulterer the soldier
nth TO fight and STAY the enemies
ny, to Ae MN who kills in self.
iijbe av@gef e blood
q with the 4aws Of man. They
wi.-kby admit of liFa Interpretation
Juries must give them a iteral interpreta.
ton. b. criminal trials, jules must inquire
not merely whether the case comes within
the isis,F Of the law, but whaher il comes
within the spirit of the law. II MANY case:
the letter killeth, but the spirit byeth life. ,
II is laid down by the authorities that q
man may repel force by force in defease O.
mis- person, habtation or property, agalas
one or many who manifestly intend and en-
deavor by violence and surprise to commi
known felony ON either In such case h
is not Obliged to retreat, but may pursu
his adversary until he finds himself out O
danger, and if in the conflict between then
he happeneth to kill, such killing is justifi
able. The right of self-defense in cases O
this kind is founded upon the law of nature
and is not nor can be superseded by an,
law of society. In the cases to which Judg,
Bowie has referred, and because of deserved
and speedy justice which the perpetrators o
of the crime received, he seems to have ex
hibited some ebullition of feeling, the law o
self-defense plainly comedies with the die
tates of reason-nature and social duty coop
crate The sacred privacy of mans home,
during his absence, has been ruthessly AMI
violently invaded, one OF the hlackest deeds
known to the calander of crime has been
committed within his own bed chamber and
upon one whom he has not only sworn "tc
love, honor and protect" but to whom ht
is bound by every obligation of honor
every instinct of nature. That home remain.
blighted, the sad and tortured counteuanc,
OF the unhappy and injured woman is eyel
appealing 10 the noblest and finest syn "a.
thies of the mind and heart of him who /.
unable TO administer consolation. He sees
tx the wreck of what she was, a monu
ment Of grief, the broken-hearted victim o.
a villains lust Sleeping or waking, the
frightful Wage OF the terrible demon who
committed the act ever haunts him. Hi
blood is on fire. II runs through his veins
hotter than the molten lava of the volcano
which requires not hours or days, but year
TO cool. Yet with il all, he must learn il
the language Of the Judge that, "howevel
revolving the crime, however exasperating
the circumstances, however manifest the
guilt, men must restrain their righteous
Indignation, until the accused has beer
heard and his guilt been established by the
methods of law" You may shoot down the
burglar who attempts to enter or fire your
house, but you must not lift hand against
the man who ravishes your wife, your daugh,
ter or your sister. But rather quietly hand
him over TO the authorities that he may un.
dergo trial in court of law, and where
unless his wretched victim confronts him in
the face of vulgar curiosity, and there un.
dergo such an examination as would call a
blush To the blistered cheeks OF the most de
PRAYED prostitute, he will be let loose to en-,
tail further misery upon some helpless wo
man or child. No, the individual, or thai
community, who would allow the perpetra
tor Of such deeds, TO have the advantages OF
go through the formalities of trial, art
dead 10 that law Of nature which is indeli
bly, stamped upon every mans heart, and
which not only prompts, but justihes him
In the legitimate exercise Of that speedy
punishment which gfvae raliaf aud eacur;,x