The Evening critic., 1882-11-06
THE SoTELDo CASE.
Some Opinions Regarding rt and the
Ruling of Judge WyIic.

judge wyllo's charge to tho jury impannoled
| to try a, q. sotcldo for the alleged murder OF
his brother, and ask for It tho careful perusll
Of judges, attorneys ana other citizens SUM
clently intelligent to understand tho funda-
mental principles of law. It may be consld-
crod presumption in the editor OF this paper
TO question the accuracy OF Judge Wylles
rulings, but, whatever courage is required, We
do not hesitate TO say that IL his late decision
is TO stand as authority the criminal code Of
every State In tho Union Is In need
Of Immediate and extensive revision.
moro dangerous or indefenslble ruling
and II is but charity 10 believe that not evon
It's author or any other iurlst In the land Will
be willing TO stand by II or defend II after an
examination. The case was simple ono, aud
the principles involved can be found clearly
stated In the horn books OF every student IN
tho land. An article appeared In tho columns
OF the R6pubiicdn newspaper rejecting severely
upon the character of A. NJ. Soteldo, now dead.
1t Is not denied that the statements were true,
but whether true or false, II does not matter.
The day OF tho publication, after procliiming
nm intention TO avengo It, Mr. a. NJ.
soteldo,, accompanied by his brother A.
bowie.knifo according to ono Witness there
were three rovolyers), entered the editorial
rooms Of tho paper, aud attacked tho editor In
charge, MIR. &. NJ. Barton. Tho first act Of
violence was blow delivered by tho elder
Soteldo at Barton, full In tho face, while no
was seated, and thon four shots were frod, all
Of them by the younger brother, three of which
took effect. one struck Barton near the bro13t
and failed In Its deadly aim only because 1t
hit n metallic buckle and glanced on; another
passed through his neck, equally miraculous
in its slight effect; tho third fatally wounded
the elder brother, whose own pistol, owing to
the grapple OF the assailed man, ho could not
draw or use.
"Judge wylle's roview of these undlsputed
facts is that Barton was TO blamo because he
was the managing editor of tho paper In which
the offensive articles wero printed; that the
articles wero calculated TO sting and incense
the mind OF n man not callous to public oplu-
lon; that It is 'a difficult thing to ilnd out who
can be held responsible for such assaults, as
newspapers nowadays have several editors;'
that Soteldo, II he had been TeutDn and not
Celt ut happens that he was neither would
not have taken fire at them;' that although he
struck Barton with his list In the face, 'lt was
a blow of tho commonest sort, not
dangerous to life and not calculated
TO produce any serious injury SO far
Judge Wyllc. After Barton was struck, and
not till then, although menaced by two heav-
ily.armed men, who had invaded his ofllce
aftor uttering bonstful threats as TO what they
intended to do, threats which had been con-
veyed to Barton, he pulled open drawer and
took out n pistol, which no pressed to tine
stomach of one Of his assailants, but without
brother deliberately from safe distance, dis.
charged his revolver four times. In review OF
these facts Judge wylie impressed upon
ton that his pistol did not go of,
| because the blow, from which no Injury
| was inflicted and which threatened no
| injury Of a serious kind was no justification
| for drawing n deadly weapon, ana that tho
younger brother was Justified IN shooting as
| he did, because ho had no right to stand by
and see HIS brother slain without provocation
before his eyes, After n good deal moro OF
| the samo sort OF loose eXpectoratlon this re.
markablo judge winds up with the assurance
| TO the Jury that he states the law as he 'be-
lieves II TO be- and the result, as ono would
| suppose, was aquick verdict of acquittal. With
this result we lind no fault; probably whom
| the case Is carefully considered 1t Will be con-
| cluded by all just-mindod men that the prls-
| oners punishment was as great rs his ofronse.
a IIhUn 4.
innate of the press may be, nor how much, in
his opinion, It's liberty is abused-what we de-
sire to know is, how far such an opinion
| meets with defense or support. Wo do not
hesitate to affirm that 1t is little less than mon
| strous, and so far ms It can be urged for war
rant for violence, is calculated to set the plain
| and until now unquestioned law at defiance.
| 1t is a maxim OF law, utterly invincible to at
| tack, that words do not Justify an ASSAULT
| Any attack upon Barton for anything which
| appeared IN the paper of which he was the
| editor could not in law be Justification for
installing him with a deadly. weapon. Mr..
| Barton did not write the articles complained
| OF, yet In the instructions to the Jury they
| were told that the publications were calcu-
lated las matter oflaw) 'to sting aud Incense
| opinion &c. That Is to say, the Sotelios wore
| Justified In law, on seeing the publication In
without knowing or inqulrlng who
wrote It, In arming themselves with
deadly ~ weapons and b,x assailing Barton
| teldo, had boon killed IL would have beon JUS
| tifiable on the part OF Soteldo. The logic OF
such decision pure and simple is this; II an
| article appears in the Post which is 'calcu-
| lated to incense or sting Judge Wylie no may
| hunt up the managing editor and Kill him. Is
| that the opinion OF Judge Wylle's Ave asso-
ciates? tits known and has been decided
thousand times by wise and impartial courts
| that the doctrine OF seltdeiense rests ON the
innocence OF the Staying party Of all compile
| ity in the quarrel which results In DEATH II a
| party voluntarily enters into conflict with
another, and during such conflict kills
taking OF human life The danger to
the Staying party must arise without his fault,
| and he must seek to retire from 1t; aud II
he cannot he may, being innocent of the quar-
| rel, kill his assailant. But II he bring on tho
quarrel. and during 1t kill his opponent, thers
is no self.defense In It, no matter how tmmi-
nent tho danger becomes TO him. for the
simple reason that he has created the danger
by voluntarily entering into the trouble out of
which the danger springs. In this case So
teldo armed himself with revolver and q
bowie-knife, and perslstently and laborously
hunted up the quarrel. He beat the storm to
fury and then makes the fury which he Gre.
ated by his own wrong legal Justification for
taking human life. Such perverslon OF law
and pollution OF Justice leaves not foot of
ground between savage and civilized society,""
Respect for the Judiciary is almost an in.
stlnct In the ordinary American composition.
SO lorg rs Judge Is only stern, only severe
he m W be called hard hearted, but people In.
sist on believing that he is Just, and therefore
ever, judges temper and talk become ran
corous and bitter against individuals and
classes OF the community who are usually
held at some slight elevation above horse
thieves and housebreakers, they become a
proper subject of comment. Tho people of
| this District have had TO suffer from great
many judicial eccentricitles In past times,
which might have caused them to be some.
what suspicious OF gentlemen In or
mine robes. but they have managed
10 preserve fair amount OF re-
spect for tho bench, and particularly
patience and unfaltering placidity the out
rageous behavior OF Guiteau. We would that
every one OF his judicial brethren would fol
low Mr.. Justice Cox In this particular, even
when handling lessor ruiflans, and especially
when called upon to deal with persons not on
trial. II this cap should be assumed by Judge
| Wylie, we would respectfully congratulate
that sagacious man upon the admirable nt o
the garment We have prepared for his adorn
ment. Certainly he can and something more
important TO discourse about than the sayings
and doings of men whom he dislikes, but wht
can and will retort with effect In tribunals
over which he has no authority, and In way
TO which he has no clue.-Sunddg Record.
Tho acquittal OF soteldo leaves the case II
a very peculiar condition. No proceeding
have as yet been instituted against Barton. |
10 believed that none VIII be. Therefore, undo
the theory OF the law officers OF tho District
the elder Sotcldo committed suicide. -B0st0i
| HeTdld,
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