The Evening critic., 1882-02-13
Sem. Reflections that Seem 90 he
Called For.

impression, OF II possible establish the fact,
that the elder Sotoldo was killed by Ciar-
ence Barton, unless Il may be dictated by a
desire, not by any means unnatural, TO
remove from the head Of the younger So
toldo the dreadful responsibility OF fratri-
eide. II Is not our purpose 20 prosecute
that miserable yonng man by newspaper;
for we do not indorse that sort of thing
under any circumstances. Neither are we
endcavoring to defend or exculpate Barton;
for he needs no defense, and would not
need any il he had killed them both. But
we think we have the right to object to the
quite-evidcnt effort in certain quarters to
forcstall by special argument the verdict of
an inquest. II was urged that the bullet
extracted from the dead body of A. M.
soteldo corresponds more nearly to the
calibre oi the old pistol used by Barton
than to that OF the new one taken from the
younger Soteldo.
But so far as the weapons have been ex
aminod by the police authorities, IL has ap-
peared that Bartons weapon did not 90 off
at all in the mclcc. Barton himself says
that he isn't certain whether it did or
not. He frankly states that he did his
best to make 1t do cxecuticn, but that the
occasion was not one admitting Of investi-
cation on the spot, and in the multiplicity
of reports, which were audible to all, he
could not for the tim being distinguish
the actual sound Of his cnemy's weapon
from the possible sound Of his own.
Persons whose experience may happen to
include the disagrceable episode Of an af-
fray with repeating pistols at close quar-
tiers will readily comprehend Barton's in
eertitade upon that point. As rule, such
affairs proceed with too much haste for ma
ture reflection and in too much confusion
to admit Of subsequent precise reminis-
cence.
But whatever may be the judicial deter
mination of this particular question, Bar
toms case cannot be materially affected by
It, since in either event his attitude is that
Of complete justification, prinia Jacie.
Possibly Barton, who is man of even
more than ordinary peaccfulness of tenn
permanent and gentleness Of nature, may
prefer to spend the balance of his life free
from tho thought of having shed human
blood even in selfdefense against the mos
unjnstifable of assaults. Men differ abou
that sort of thing. Some men, assailed In
that manner, would prefer to think that
they had themselves slain the assailant
as matter Of that fierce sort of prid,
which rejoices in the consciousness of capa
city to take care of ones self, or by way o
notice served for the admonition of an.
future foe. But so far as a tolerably init
mate acquaintance, of about ten years
standing, enables us to judge Of his charac
ter, Barton does not beloug TO that class Q
men. If he were fighting man of tn
aggressive type he would undoubtedly hay
brought on the encounter during the aftel
noon when Soteldo called out abusively
him as he passed along the street. Agaii
when the two brothers entered his olicl
he had been during the day sufficiently al
prised of their threats to have warrante
him in presuming their violent intention |
advance and acting upon that presumptio
summarily.
The fact that he did none of these thing
but waited to be assailed with both har
and weapon before retaliating, disposcs
every legal aspect Of his attitude.
We, therefore, see no possible object
the attempted controversy as to wheth'
Barton or the younger Sotcldo fired d
fatal shot, except that OF exculpating til
latter from the crime of killing one ma
in his attempt to kill another This ma
be An absorbing question for lawyers, bu
it is Of minor Importance to society
large. To the lawyers the younger Soteld
may be of interest as q subject upon whic
to display skill and acumen in legal d,
Tense. But to society at large he appea
simply as dangerous animal, whose co
fnement or destruction by due process
law is essential to the public peace. So
Us the cause of law and order is concerne
the practical question touching young s
teldo is whether he tried 10 kin Barto
and to this the question whethor he a
kill his brother is quits secondary. The
is no doubt about the answer tb the III
question, and If there Is any doubt as
the last, it is, SO far a. we can see, alt
gether sentimental and immaterial. a
need not be further discussed.
We now turn to consider briefly, aud
another direction, an outcropping Of sma
cowardly meanness, the like of whi
would probably never happen in any iou
nalism but that Of Washington. We 70
to sly, sureptitious attempt Of a co
temporary to ring in its fayorite farce
an interlude of this sickening tragedy, b!
pious, mock-faeed, roll-cyed. hand-claAI
insinuatioa that "the murdered aan
one of the foremost correspondents 10
tack the Star--oute people," and 10 /
fact is attributed ''the animus Of the pull
cations which led TO the tragedyw
We would like to know what lesson
contemporary intends to convey by /
plea. Do we understand that eyEy &c
respondent who has ever attacked
.Star-route people" gains by that act y
manent absolution from the usual con
suences of vulgar bsawls In bawdy -hou
winding up in the Police Courtg
our contemporary intends TO snnoal
this rs proposition in so
ethics, we would like to have II put
plicitly But why limit the scope ofthe Al
luton? Why not extend 1t in all dl
tions? If there Is any good reason '
the fact Of having attacked the StaE-rd
people" should absolye man from
necessary and lcsitimats consequences
hawdy-housa bfawl endiue in the po