The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-10-25
Singular Justice.

much of justice or wisdom in a case
ne decided. l.. II. Brown, boy at
tached to the company performing at
Millett's opera house. was dispatched
for a pistol to be used in the plly.
He went down the street and obtained
one, and as he was returning with 1t
he met two members of the company,
who asked him if he had gotten the
pistol. He replied by showing it to
them. He was then and there spot
ted" by an officer of the justices court,
who followed MIN into the opera
house and arrested him. The nippers
were put upon the boy and he was
taken to the court room, where he
stated to the justice what has here
been stated. Capt. Millett followed the
boy to the court room and represented
the case, showing that the purpose of
the boy was simply to procure pistol
for use in the play. The justice rec
ogniZed the truth of the statements,
but held that the law was explicit as
to the carrying of such a weapon and
he fined the boy $25 and costs. A
postponement of decision was asked
also for a jury trial this
morning and both are re-
final, and the fine and bill of costs, as
follows, was charged up against the
boy:
Complaint, % cents; docketing, 10
cents /; issuing warrant, 70 cents; COM
mitment, 81; taxing, 10 cents; judg-
ment so cts; arrest and milage, 81. %;
commitment and milage, $1.25; county
attorneys fee, So! fine, $25. Total,
$500.
This sum was demanded and was
paid in preference to night in Jail.
Heretofore the judicial acts of Justice
Won Rosenberg have been tempered
with moderation and justice, and it is
hard to understand, why he devil
ated in this instance from
his course of justice. The intent
showed clearly no violation of law,
and the harsh penalty imposed was
clearly not just. The justice and his
officers might hunt up hundred men
any day in the streets carrying pistols.
Why was the boys case made singu-
lar one?
The Pistol Case.
A representative of The STATES
MAN called upon Justice Won RoSen-
berg Yesterday to learn his side of the
affair that created so much comment
in the city yesterday. He stated the
case to be as follows: 1 think that
the article published in your yester-
days issue does me great injustice
and was so intended by the parties
who represented the matter to you so
falsely. In the case of the State of
Texas VS.. l.. II. Brown for carrying
upon his person pistol, the de-
PENDANT was arrested by my
order, and brought before me, and the
defendant, if but boy of Is years or
10, saw at once that he had violated
the law and entered plea of guilty,
The fine of $25--the lowest-was en-
tered against him by me and costs,
as stated in your article, is correct
The law against carrying arms is as
follows:
eff any person in this staUe shall
carry on or about his person, saddle
or saddle-bags, any pistol manufac-
tured or sold for purposes of offense
or defense, he shall be punished by
fine of not less than $25 nor more than
$780,"
Mr.. Davis, deputy sheriff, and 1 were
standing on the pavement of Congress
avenue, when 1 saw Mr.. Brown throw
back his coat and draw from his hip
pocket a pistol and thanded it to
another person. The pistol was
cooked several times. and then
returned to Mr.. Brown, who again
placed the pistol in his hip pocket. 1
ordered the deputy sheriff, Mr.. Davis,
to arrest the man, and he did so.
I 6n nnt how nnU ono pan cav
that the party should not have been
fined. In the first place, he entered
his plea of guilty, and secondly, from
the true facts in the case he would,
upon trial before jury, have been
convicted.
1t seems very strange that troupe
who, every night they play, use a
pistol, cannot purchase one and carry
it along in their baggage.
The following is the statement of
Mr.. Hutchinson, city officer:
Before Mr.. Brown was arrested by
your officer we received a telephone
message from Millett's opera house,
from young Alexander, asking if a
young man by the name of L. II. Brown
had been arrested by the police, as he
had left the opera house with pistol,
and had not returned"
& So from the above it has since
PANIED out that this innocent lad Gas
they called him) left the opera house
with pistol.
1 cannot see how it is possible that
anyone can or dare say that, under the
law. Mr.. Brown should not have been
fined.
l make the above statement for the
public in order that they may know
the true facts in this big-to-do. Just
place yourself in the same place of
Mr.. Brown, go out upon the main
street of this city, or any other street,
and draw from your pocket pistol,
do you think that it would not be
proper if you were arrested and
brought before the authoritieSp