The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1882-04-08

would-be assassin. and the result has
been that the Judge Advocate. to whom
the findings were referred has disapprov.
ed of them" THE Judge Advocate has
rushed to Mason's rescue in Difference to
mob camor," says the latest aspirant for
judicial honors.
Now it would seem to be perfectly clear
to a layman's mind, as well as to a law
yer's. that to constitute the offence of
IAN assault with intent to kill two
things should concur, viz: an assault, and
an intent to kill.
But how could there be an assault up
on man, if the man were not were he
could be assaulted?
The proof showed that Mason fired at
an open window, that Guiteau was not at
the window at the time, nor in the line OF
the shot.
On The contrary, he was in absolute
security from any effort that Mason might
make to shoot him.
Suppose Guiteau had been in Boston,
and Mason in Washington when the
shot was fired?
Does the editor-iudge believe, that Il
verdict OF mot guilty" would have been
difference to mob clamoro''
Or suppose Guiteau had been in the
cellar of the Jail, and Mason had fired at
the roof of the ,jail-what then?
And yet the evidence established that
he was us absolutely secure where he
actually was, as if he had been in Boston
or in the cellar.
His Honor is off the track
The first taste of the Judicial plum, as
been too much for him.
But we can understand how it is.
Visions of the Honorable Bench float
ed before " his heated Imagination He
saw himself elevated above the maud
lin clam". OF the mob and heard the
deferen.ial tones of men addressing him
as Your Honor
He had not yet had an opportunity to
show what was in him.
He had been given no occasion to ex-
hibit the legal acumen that he knew was
his
Poor Mason happened along just i'll
time.
And so the would-be Judge. regardless
of fundamental and well estab ished legal
principles, files an opinion.
l. -.
as is an 0pinion.
1t knocks poor Mason higher than a
kite
1t submerges the mob. and as to Judge
Advocate Swain, it leaves him Il mourn.
full wreck
Is this "a foretaste of the future?
1t the sweet dreams which now make
the edi ors sleep 50 peaceful, should i'll
the tullness of time. be realized is this
the sort OF law, we are to have dealt gu,
to us?
A. shoots where b. is not: therefore a
is guilty of an assault on Il. with an in
tent to kill
cident, we know nothing that equals it
save perhaps the definition which young
student gave once upon time, when he
said-''an executory devise. is where q
man dies, and leaves every thing to lis
executor.
We had hoped that the aspiring, and
in view Of the doubtful character Of "tht
fight, the perspirinS editor, would carry
to the Bench no such law as that. We
had hoped, that his opinions would be
more lucid, more luminous, and more
just.
But perhaps it is too soon yet to aban-
don hope.
1t may be that the editor is only trying
to get his hand in" as artisans say
If this be true We are perfectly willing
to lend him all the encouragement in oul
power, and all the books in our posses
sion.
We still have an old copy Of Whar.
tons American Criminal Law" If tn,
dissenting Judge will turn to section 1911
thereof, he will find the principles govern
ing assault with intent to kill fully
discussed, and by careful and prayerful
consideration of the passage, he may
come to see how necessary it is that there
/ should be some one to assault. before
an assault can be committed