The Evening critic. [volume] (Washington, D.C.) 1881-1885, 1885-04-09
THE COWHIDING CASE.
The Judeels charee.

The alleged society cowhidng case was
taken up in the Criminal Court this morn
ing. The large number of society people
room an animated and gay appearance
The defendants, William A. l.. Gresham,
Hubbard T. Smith and William II. Rulr,
were present with their counsel, Mr. Harry
Davis. Medical Director Gihon, the father
of Albert ID. Gihon, the youth who was
castigated, manifested good deal of inter-
est in the case. District Attorney Worth
ington opened the proceedings. He made
his argument to the jury, in which he
claimed that Smith and Ruff were guilty
Of the assault. His remarks were directed
principally to them, as Gresham had
pleaded guilty.
Judge Macarthur began his change by
instructiug the jury on the law as applied
to aiders and abetters. lie said
These defendants aue charged with commit.
ting the assault Jointly. As Gresham pleaded
guilty. It is clear that he WAS tho principal.
Smith and luifclaim that they ala not take
any part In tho assault. II they'ehow that
they did not take part In the assault Itself they
are entitled 10 verdict, but ~ they were there
aiding Gresham I'm this assault, they are guilty.
They have sworn that thoy were there as
witnesses, 10 give true version Of the as.
sauH. II this Is found by the Jury to be true,
they arc not 80 related to the offense as %
Ihuko mem Bullty. me ptluclplo OF law III
regard TO accessories Is, that all persons who
aid or inclte are equally guilty as the one who
commits the deed. II they aided Gresham, or
stimulated or encouraged him, 1t would make
them participants. All parties connected
with the offense- not through sympathy, but
through actions-would DO equally guilty with
the principal. There are other circumstances
10 which allusion should be made. It, would
seem very singular that Gresham should Mt
tack Mr.. Glhon without any proyoca.
ton. For the purpose OF enlighten.
Ing the Court certain evidence was al
mitted that would not otherwise have gone in.
IL was shown that Gresham thought himself
very much Injured. No man IS permitted to
take the law Into his own hauds and ayenge
bis Injuries. II goes perhaps TO mitigate the
ofrense to an extent that would depend on tho
nature OF the provocatlon. While an lnstru-
mont was used In this case which would In
nict worse injuries than tho natural weapons
OF man, must also be taken into consideration.
The fact that the rawhide belonged to Smith
is n circumstance. it Is very true that IL a
party does anything actively In an affair OF
this kind tho law makos him party.
The jury returned at lis with verdict
of guilty as to Hubbard T. Smith aud not
guilty as to Ruff. Judge Macarthur said
that tho impression Of the. Court was that
| Mr.. Smiths intentions were not Of q ma.
licious character All the parties con
cerned in the affair were at fault. The
matter grew out of gross insult to n lady
| but it was a very grave violation Of law to
inilict such punishment upon the com.
| plainant.
Mr.. Smith had evidently been brought
| into the affair through friendship. Tho
| Court impOsed fine of $50.
In the Police Court Saith and Ruff were
| fined 500 each and Greshrm given sixty
| days in jail when the case was first tried