National Republican., 1882-11-06
THE SOTELDO CASE
AND THE OPINIONS REGARDING 1T.
The law OF Self Defense as Laid Down by Judgc
Wylle-An Interesting Discussion
What is Thought OF the De.
cision OF the Jury.

The Washington Post of yesterday contained the
following editorial leader:
We present elsewhere a verbatim report of Judge
Wyle's charge TO the jury impanelcd to try A. c.
Soeldo for the alleged murder of his brother, and
ask for II the careful perusal of judges attorneys
and other citizens sufficiently Intelligent to under
stand the fundamental principles Of law. 1t may
be considered presumption III the editor of this
paper 10 question the accuracy OF Judge Wylies
rulings, but whatever courage is required, we do
not hesitate to say that If his late decision is TO
stand authority the criminal code of every State
in the Union is in need of immediate and exten-
sive revision. more dangerous or indefensible
ruling we do not remember ever TO have seen,
and it is but charity to believe that
NOT EVEN ITS AUTHOR
or any other jurist in the land will be willing to
stand by 1t or defend IL after an examination.
The case was simple one, and the principles iu-
volved can be found clearly stated in the horn
books of every student in the land. An article
appeared in the columns of THE REPUBLICAN
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, 1t does not matter. The day of the publica-
ton, afler proclaiming an intention to avenge it,
Mr.. A. NJ. SoteIdo accompanied by his brother, A.
c. soteldo, armed with
TWO REvoLvERs AND BowIE.KNIr
yolyers) entered the editorial rooms of the paper
and attacked the editor in charge, Mr.. G. NJ. Bar
ton. The first act OF violence wns blow delivered
by the elder Soteldo at Barton, full In the face,
while he was seated, and then four shots were
fired all Of them by The younger brother, three of
which took effect. One struck Barton near the
breast, and failed in its deadly Aim only because
It hit metallic buckle ard glanced of; another
passed through his neck, equally miraculous in
its slight effect; the third fatally wounded the
elder brother, whose own pistol owing to the
grapple of the assailed man, he could not draw or
use
JUDGE wYLIEs REVIEW
Of these undisputed facts is that Barton was TO
blame because he was the managing editor of the
paper in which the offensive articles were printed
that the articles were calculated 10 sting and in
cense the mind of man not culous to public
opinion" that 1t is "a difficult thing to find out
who can be held responsible for such assaults, ms
newspapers nowadays have several editions"
that Soteldo IL he had been Teuton and not
Celt dt happens that he was neither) would mot
have taken fire ut them" that although he
struck Barton with his fist in the face, it was q
blow of the commonest sort, not dangerous to life
and not calculated to produce any serious injury
So far Judge Wylie. After Barton W as struck AMI
not till then, although menaeed by
TWO HEAVILY ARMED MEN,
who had invaded his Office after uuering boastful
threats as TO what they intended to do. threats
which had been conveyed to Barton he pul led
open a. drawer and took out pistol, which he
pressed to the stomach of one of his assailants,
but without firing it. While thus engaged the
other brother deliberately, from u safe distance,
discharged his revolver four times. In review of
these facts Judge Wyie impressed upon the jury
that it was fortunate for Barton "that his pistol
did not go off, because the blow from which no
injury was inflicted and which threatened no
Int, nf ind i,-t gnr
DRAWING DEADLY WEAPON,
and that the younger brother was justified in
shooting as he did, because he chad no right to
stand by and see his brother slain without provo
cation before his eyes" After a good deal more
of the same sort of loose expectoration this re-
markable judge winds up with the assurance to
the jury that he states the law rs he "beleves it
to be-" and the result, as one would suppose, was
a quick verdict of acquittal. With this result we
find no fault probably when the case is carefully
considered 1t will be concluded by all just minded
men that the prisoners punishm ent was as great
as his offense Nor do we care aw what Judge
Wylies estimate of the press may be. nor how
much, in his opinion. its liberty is abused-what
we desire to know is, how far such an opinion
meets with defense or support. We do not hesi-
tate to affirm that it is
LITTLE LESS THAN INDUSTRIOUS,
and so far as it be urged for warrant for vio
lence. is calculated TO set the plain and until now
unquestoned law at defiance. 1t Is maxim of
law, utterly invineible to attack, that words do
not Justify assault. Any attack upon Barton
for anything which appeared in the paper Of
which he was the editor cDuld not In law be
Justification for assailing him with a deadly
weapon. Mr.. Barton did not write the articles
complain ed of, yet in the Instructions to the
jury they were told that the publications were
calculated (as a after of law "t to sting and iu-
cense the mind of any man not callous to public
opinion" &c. That is to say, the Soteldos were
justified in law. on seeing the publication in the
paper which they comp aimed OF, without know
ing or inquinng who wrote It, in arming them
selves with deadly weapons and assailing Barton
Herewith and that If Barton, instead of Soteldo,
had been killed 1t would have been justifable on
the part of Soteldo
THE LOGIC OF SUCH A DECISION
pure and simple is this: If an article appears in
the Post which is calculated 10 incense or sting"
Judge Wyiie, he may hunt up the managing edi-
tor aud kill him. Is that the opinion Of Judge
Wyies five associates? 1t is known and has been
decided thousand times by wise and impartial
courts, that the doctrine of self-defen rests
the innocence Of the Staying party of all com.
plicity in the quarrel which results In death. If
other one, and during such conflict kills the other
there Is moi, and can be no self-defense III the
Sase to Justify he taking @i human HE The he
fault, and he must seek to retire from 1t; and If
he cannot he may, being innocent of the quarrel,
kill his assaiant
BUT IF HE BRING ON THE QUARREL,
and during II kill his opponent, there is no self
defense in It, no matter how imminent the 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 soteldo armed himself with a revolver
and a bowie-k knife and persistently and labori-
ously hunted up the quarrel. He beat the storm
TO a fury and then makes the fury which he cre-
ated by his own wrong legal Justification for
taking human life. Such peryersion of law and
pollution ofjustice leaves not foot Of ground be-
tween savage and civilized society.
Opinions About IT.
The acquittal of Soteldo leaves the case in
very peculiar condition No proceedings have
as yet been instituted against Barton. IL is be-
lieyed that none will be. Therefore, under the
theory of the law officers of the District, the
elder Soteldo committed suicde.-BoSoH Herald.
The acquittal of young soteido of the murder of