The Evening critic., 1882-11-08
LIZ He FL TO be u Lmtlge ?

Judge wyiic rosortod in his charge to the Jury
In the Socldo case cnlls for notice and severe
announcement. We have no interest III tho
caso further thnn It Affects tho rights and in.
tercs Is OF tho community. In that relation II
is not only our duty but our interest 10 DIS
WWhen n Judge tampers with evidence, so
far as TO state II untruthfully 10 juries, tho
lives and liberties OF tho people, 30 far as
either may be intrusted TO him, arc endan.
gered. THAT Judge wylie grossly perverted
tho evidence OF O. NJ. Barton as given In the
trial OF young Soteldo for the murder OF his
stcnogrnphic reports OF that testimony and
tho Judges version OF It,. In tho Introductory
portion OF his charge Judge wylle said
"'You are the Judges OF the fact, and n good
many lawyers now claim-probably always
have clalmed-that the jury In criminal cases
must decide tho law and fact both; tho Court
is just TO keep order. But shall not, Ger.
taJnly, on tho present occasion invade your
province TO decide upon the facts. You have
the evidence In regard to this controversy IA
to who fred the shot, and you must consider
and decide It,"
"After thus declaring his purpose not to In.
wade tho province OF the Jury to. decide upon
the facts, Judge wylie gave 10 the jury what
he said was Barton's testimony. II should bo
remembered that good deal OF timo had
oiapeSd many wnGsses o ma nY Doon nGar hn au
tho time OF Darton's testimony aud tho Judges
pretended summing up. II was easy, there
fore, Tor them to accept 6 distortion M OF .nt mo
ness. They could not suppose that the Court
would permit prejudice or bias to color an nj.
legged presentation of testimony. This Is what
Judge wyllc said In this connection;
"'His (soteldo's) blow was OF tho commonest
sort, not dangerous TO life, not calculated -
produce any serious Injury 10 Barton. There
Is no proof that his eyes woro blooded In
consequence, or that thoro was any swelling
upon his face, or any serious injury done by
the blow. AS soon as ho received tho blow
Barton put his hand to his desk drawer,
which was open, aud took out his pistol, nc.
cording to his story, and pressed It against
the front of Soteldo and attempted to fire. 1t
missed nre-dld not go or. That Is Barton's
testimony. Now, II these be the facts--and
that Is Barton's tostimony-my opinion OF the
law is-you may differ from me, gentlemen,
but my opinion Of the law IS that tho blow
given by Soteldo TO Barton was no 1ustilca-
tion and no excuse for tho net OF Barton In
drawing his pistol upon Boteldo. III Barton's
pistol had gone Off and Sotoldo had been
Killed, on these facts before mo l should say
the offensc. would have been at least man
"The stenographc report OF Barton's testi.
mony SLOWS that, after describing the en-
trance OF tho two soteldos Into his ofIlce and
SoteldO, the witness said:
at took i in my hand and read It, handed
II back to him and said smilingly: ~ don't
care for that, SIR" He quietly said: "You
don't, damn YOU" and struck mo powerful
blow In the FOL ohead, We sprang to our feet,
both Of us, at tho same time. l grasped my
pistol In tho drawer. He cllnchcd me by the
throat with his left hand and made move.
ment with his right toward his hip pocket md
DCnt over me. AT tnut tllnc Wnen ne STRUCK
me plainly saw the young man standing near
me with drawn pistol. used tho left hand
TO try to fend OF the older Soteldo, He had me
at the time with his hand around tho throat
choking mo very hard. 1 drew the pistol
around and placed II against his stomach and
used It as n purchase to get tho pistol cooked
and pulled the trigger. In the moment was
struck In the neck or back of the car
"That is the testimony Of Barton as given In
the direct examination. on cross.eXamina-
tlon he said in answer to questions;
struck pOwprful
forehead .Did no strike you with his ilst?
Yes, SIR 'What was the effect of that blow?'
ut was stunning for moment. Myhead was
'HThat is what Judge wylle calls a blow of
the commonest Sort Here We have Barton
quietly attending to his business in his oclce
at night. Two men, OF whose designs against
his lifo he had been frequently warned during
the day, enter. After moment one OF these
eyes, cutting him and partially stunning him,
then grasps him by the throat, while the other
man stands with revolver In his hand. Yet
all this, according to Judge Wylie, was no OK
cuse, no justification for the act of Barton In
drawing his pistol upon soteldo.'
"The Judge makes no account OF the nc.
| complice who stood with pistol In hand, nor OF
| tho desperate grasp by the throat, nor OF
| Soteldos reaching his hand back toward his
| hip pocket. The scene as sketched by the
| Judge presents casual alteration between
| two gentlemen, In which one deals the other
| 'the commonost sort OF blow and thereupon
tho recipient Of the trining blow draws a
1
| "Wlth all duo respect for tho law and the
| courts, we Will say TO Judge Wyllo that, Il
feeling incensed at this article, he should SC
vaporing about the streets rs TO his lSintentlon 70
settle with us, should call on an ex-convict tC
accompany him, should furnish himself and
his companion with revolyers, and should arm
himself with deadly dlrk-knlfe In nd
dltlon, and, with his associate, CONF
| 10 our oflco as the Soteldos die
| to Barton's, and do, or threaten L
do lust what the Soteldos did there, VT
| should do our best to put n bullet through
| him before he could carry out his threats ol
purposes, and this Notwithstanding his charg
In the Soteldo case, which we not only brant
MS disgraceful-a pervorslon OF the evidence
and n misstatement of the law-but so wantor
| In Its disregard OF the principles OF law, b!
which the vicious clements of large city ar
held In check, as 10 make IL matter OF YER!
serious injury whether Judge Wyllo Is In hi
right mind, or being so, whether he Is qualified
by education or temper TO hold In his hant
the grave responsibilities committed TO
Judge Of the Criminal Court OF the District 0
Columbia"