The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-06-28

CONSERVATIVE VERDICT.
Several DAYS have elapsed since the case
of The State VS.. Helm and others has been
S;sposed of. The Post at the time re-
trained from making any editorial remarks
unon the verdict Of this rather UNIQUE case.
since then We have taken tho trouble 10
Milne people upon the poiut, and have now
nm opportunity Of recording few refec-
tions with greater deliberstion than we
s,cujd have commanded at the instant con-
Clusion Of the trial. We will divide these
raasctions under two heads; First, the
issaI;tv Of the verdict, and, secondly, the
~r;ncirles and facts Involved that in-
kuenced the jury, presumably, TO
assess the minimTm penalty a..
Hahn no doubt killed Witham. The
evidence was competent to prove the TACT,
the Jury assented to the TACT ana the people
;nSorse Il, As a Just conclusion from this
mran,,se through the proper legal proceed.
nos IL was necessary that the criminal
shSu,d be punished. Irrespective OF all
sac,s arguments and circum-
stences after the minds Of the jury had
hean convinced that the defendant had
Sssn vuilty of that species OF homicide
s~h;ch they were instructed by the judge to
roaard AZ murder in the second degree, 1t
was necessary, according to their honest
reriormance of duty, to bring him
IN guilty of the same ana TO assess
legal punishment upon Nun. nine Inc
Italiyayed that Helm had murdered Witham.
Thav found verdict in consistence with
that belief. For this they are to be praised.
n was a good Jury. 1t was composed OF
rssmsctable. sensible, responsible men.
Whs,sver NAV have been the circumstan-
oos md the side issues OF the case, their
Jm,~ atared them in the face--they found
Wajyn ~nilty of murder in the second de-
rree. But why praise men for doing their
bounden dutyP Simply because that duty
has been 80 often evaded, despised ana as
regarded, that, according to popular senti-
msnt, IL has been more honored in the
h tnoa than the observance. The
;mrv went back in this perversion.
IETha ssv rose to the point before them
I'D ana their simple duty irrespec.
sna ~ sentiment, clamor or consequences.
Thsrsfore we think that they deserve
nra;.e. The clock has been set back, has
paan rectitied, henceforward 1t is to be
So~ed that IL will keep good time.
The Jury, with an indefinite reach,
found Helm worthy OF five years confine-
ment In the penitentiary.
This has caused some surprise and little
martial growing. Talk OF ten' niteen,
twenty and more years has been had ana
inv af.er finding Helm guilty OF murder
N ia second degree, they were so lenient
40 10 rive MIN the lightest punishment the
iaw demanded. The explanation OF this is
EASY though IL NAV require . little plain
snost,ne. Mr.. Witham was man OF
many good qualities, of excellent ability,
WAS a favorite with large class and
~ossessed considerable influence. Had
he conducted himself properly, with
fecepcv and prudence, he not only
wouLi never have subjected himself
10 the risk Of being Killed under
such circumstances, put ne wouia
c,t;zep. He threw away his chance. He
Ssl;herately degraded himself. He formed
imnroner associations and established rela-
t;nps uith persons of disreputable charac-
sar that out him off from the respect of the
hast neople and Withheld from him the SYM
nsthv az the white population. When
ks vent upon the grounds used by
the colored people tor specific purpose,
with the feelings by which he was infiu.
enced. he went as an intruder IN general
ssnse; and when he adapted himself to his
surroundings and declared his participation
In the social sentiments and passions OF the
naonia about him, he lowered himself
rom his normal position and became as
one of those with whom he dickered. In a
certain sense, therefore, he drew his fate
on Ria own head, end deserved In a cor
responding degree. to be cut OIL from
the sympathy Of his people. The
inv Therefore. though composed of white
m an. and being compelled by their oaths
TO find Helm guilty OF murder, were so
CONVINCED of the unw0rthiness OF Withams
nosition and conduct that they contented
themselves In assessing his murderer's pun
ishment at the minimum allowed by law.
In this the jury Is to be commented. They
mmnity. but they implicitly condemned the
conduct that precipitated the crime, and
reiused to ayenge, as a race insult, an IN
;nrv inflicted on one Who had forfeited his
caste. -[Houston Post.
PAIR OF LEARNED DOCTORS,
How doctors disagree is shown by case
in point at Beaumont. in this state. where a
great deal Of anxiety ard much probable
infection might have been avoided by doc.
tors being able to tell cases of smallpox
from syphilis. A negro woman from Gal.
weston, was taken sick, and Drs. Jordon, Ct
Beaumont, and Chamberlain, Of Sabine
Pass. declared ner affected with small pox.
Beaumont has city physician named DR..
Glider, an NJ. d., OF course, and therefore
a yery learned man in his profession,
as all city physicians are known to be.
He pronounced the case syphilis, and,
speaking officially and having city coun.
eli behind him 10 endorse, because of coun-
cilmen's superior intelligence, his wisdom,
the case was imposed upon an unsuspect-
ing family, where 1t was kept under inspec.
tion. After the case had been on hand
about two weeks this same very learned
DR., Glider. city physician, concluded to
submit his opinion to the very learned ply
stefan and practitioner OF Houston, Dr.
Burroughs, who visited the case, and Their
and there, after most searching profes
sionai diagnosis, unqualiiedly
endorsed the opinion of thu
learned city physician. OF course these
other doctors that had pronounced the cast
smallpox, felt crest.fallen when the accom-
plisned NJ. D. from the metropolitan city
Of Houston decided against them, and th,
elevated DR.. Glider invested then, no doubt
In new and elegant office furniture anC
such things, preparatory to comm Sndin,
all the practice Of Beaumont. DR.. Dor
Oughs was immense, and he was fully a
great medical man as the metropolitan
doctor. But things did not con
catinate 30 as to work out tn,
most supreme glory for these two
distinguished doctors. A child vas takei
sick In the family, upon which the sicl
-x...,, h "A haa,, tr,Nnead aud NJ Gtl.,.