Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-03-26

would have been absolutely impossible for
the friends of De Young to suppress that
evidence 1t is notorious that there was no
question whatever as to the facts OF the
homicide at that date. 1t is equally no.
torious that when, some time subse-
quently, Clemetshaw came forward with
his story of shot fred by De Young, he
was convicted of perjury on what was al
lowed to be conclusive testimony, and was
sentenced to the Penitentiary. 1t has
often enough been said that the line of de-
Tense adopted in this case was a complete
surprise to the public, but the implications
of that assertion do not appear to have
been fully realized. What is involved in
such defense is the sudden setting up of
a theory in support of which no jot or
little of evidence is known to exist in any
of the facts already ascertained. Such a
defense, therefore, is suspicious from its
very character, and coming after the
Clemetshaw episode it was doubly sus-
picious.
But to the increasing surprise of the
public, what is called the six-shot theory
was on the trial sworn to by many wit
nesses, and in the most positive way. 1t
might well be asked where these swift
witnesses were, when Clemetshaw was
being condemned to the Penitentisry. 1t
might well be asked why no one of them
came forward Immediately after the homi-
eide, and why no one of them, so far as
can be ascertained, ever acquainted his
friends or relatives with the momentous
circumstance which all these persons were
aware of. So singular an accord of reti-
cence, so harmonious an access of pru-
dence, so automatic concurrence in
policy which could not have been the
result of mutual deiberation, remain IN
explicable on any theory consistent with
the final conclusion of the jury. Nor is it
much less remarkable that all the wit
nesses who heard the sixth shot fired hap
pen to belong to what may be called the
shady side of the community. What
could have brought so strange collec-
ton of seedy and dilapidated characters
into the immediate neighborhood of the
Chronicle office on the night of the homi-
eide, is another mystery. In fact it is
impossible to reflect upon the conduct of
these witnesses from first to last without
being reminded of Hume's observation re-
garding the credibility of miracles.
Had the conditions been favorable to the
impaneling of intelligent jurors in capital
cases, it seems reasonable to conclude that
the evidence for the defense would have
been accorded less weight than it actually
obtained. Whether any considerable mum.
Der of intelligent men and women believe
to-day, after reading all the evidence, that
De Young fired at all, is, we venture to
say, extremely doubtful. But the jury had
many disturbing and confusing influences
operating upon their minds. There was
ground for suspecting that if perjury was
being committed, it was not confined to
one side. There was ground for believing
that the prosecution was inspired by quite
as reckless and desperate spirit as indu
enced the defense And it must also be bone
in mind that however intrinsically i'm.
probable the theory of the defense was, and
however shaky the characters of several of
its witnesses were shown to be, the evil
dence of many of them was not disproved,
or even seriously impeached. Twelve men
of average brain power would have pierced
through the sophistries of counsel, and
distinguished between the false and the
true evidence; but unfortunately for the
cause of justice such juries are practically
unattainable in murder trials, and the re-
suits are such as we see.
With an ordinary criminal jury the
confusion of testimony so skillfully brought
about was enough to prevent conviction.
1t was believed that an element of doubt
had been introduced to the case. 1t was
at least sufficient to hang disagreement
upon. And then juries are but human,
and though they were told to disregard
the pamphlet episode, it is highly prob
able that it influenced their verdict.
Charles De Young's character, his former
relations with the elder Kalloch, his ag
gressive and domineering temper, the
vengeful ferocity of his assaults upon his
enemies, ought not to have cut any figure
in this case, but no doubt these considera-
tions also exerted an appreciable influence.
Perhaps some more remote and irrelevant
ideas were at work. Perhaps a feeling
existed to the effect that personal jour
nalism somehow placed its adopters
outside the pale of the law. and rendered
their violent taking off justi6able. If
this was thought of it was wrong, but
jnries cannot always be confined to the
law and the facts, no matter how ably and
impartially Judges may charge them. In
short, it is apparent that Kalloch has been
acquitted more because the man he killed
was what he was than because the theory OF
the defense was looked upon as a complete
answer to the theory of the prosecution.
OF course this is not satisfactory state
of things, but it is due to conditions
for the existence of many of which Charles
De Young himself was mainly account
able. The verdict is not by any means
an outcome to berejoiced over, but neither
is it so fragrant perversion of the
machinery of justice as several recent muir
der trials have resulted in.
THE EFFECT OF AN EASTERN FINANCIAL
CRISIS UPON CALIFORNIA.
The opinion that financial collapse is
impending gains adherents daily. 1t is said