The Russellville Democrat. [volume] (Russellville, Ark.) 1875-1898, 1889-04-11


law. They want this law changed,
that law repealed, and other laws en-
acted, when the truth is the law is
TALL right It's the perfection OF rea
SOD they might do vastly more good
If they would criticize themselves,
criticize public opinion, criticize bad
verdicts more and the law less. When
they come to the jury box they APP
parently leave all their common
sense at home, imagining that the
law is full Of hair splitting distinc-
tions, fine spun theories, metaphysl
cal notions; they come to theorize, to
dream to speculate, and the result is
Justice is misconstrued and crime is
unpublished; when if they would ap
ply one half Of that practical knowl
edge and common sense used In the
determination of questions that arise
in the ordinary business affairs of
life, crime would be largely suppress.
ed and justice administered.
] have not time to call your atten-
ton to all the criminal laws on the
statute book, but will content my
self with referring to those that are
more frequently violated than others,
and on account of their importance
deserves more prominent mention.
The first we come to is the law OF
murder and is the one that is getting
common for men to violate. There
| was man killed few days ago IN
Pope county; one last week in Yell
county, and one this week In Con way
county. There is an epidemic OF
crime. Criminals are having har-
vest, and the question is how shall
it be stoppedf l will tell you how
it can be stopped. Let the grand
and petit juries do their duty and it
will be stopped. Let US put them in
the penitentiary or hang them and
they will soon suspicion that it is
best for them to quit. Go to hang.
ing them and the light will soon
dawn upon them. Dream and thee
rlze less and hang more and my word
for it they will catch the cue and be
have themselves. In ulne cases out
of ten a man who takes the life of a
fellow man would be sent to the pen.
itentlary or to the gallows if the law
was enforced. The law demands that
human life shall never be taken un-
less the party who takes it can show
atfirmatively that heidi it under such
circumstances that justified or ex-
cused the homicide; or, in other
words, he must show that he did it
In self defense, il the proof on the
part OF tue state fails to show it.
And if he fails the law says he shall
be sent to the penitentiary or to the
gallows. For man to excuse him
self on the ground of self defense he
must have declined the contest, re-
treated from the battle ground if he
could do so with safety to himself
before the mortal injury was given
and the deceased must have been
the assailant. Now, gentleman, how
seldom it is that the man whe does
the killing tries to avoid the injury
or avert the necessity. How often
it is that he is the assailant from the
beginning to the end of the Difficult
ty? 1t is the rule and not the ex-
ception that men who take human
| life do so unnecessarily and often
where the deceased is not only the
assailant but really has nothing to
fight with. / want to give you a safe
and good rule to go by here and here
after in the discharge of your duties
as jury men; Whenever the testi.
mony in case shows that man
took the life of fellow man who
was at the time unarmed you ought
to vote to hang him, or at least, to
send him for long term to the pen
itentlary. If / we're on the jury all
the eloquence and fine spun theories
of lawyers would not ssve him. /
would think, if not say, you are on
the road to the gallows or the penit-
entiary, the road is bread and the
way is straight, and there is nothing
to hinder you from reaching there.
Preserve your common sense always.
and don't let the law of reasonable
doubt or self defense frIghten you
out of your wits. Remember that
they have been used a hundred
Thousand times before you were born
and will be applied in a hundred
thousand cases after you are desd
q nd fnrnntfnn m Il n
murderers loose. Remember, also,
if the demons who crucified Christ
had been indicted they would have
doubtless urged a reasonable doubt
and set up self defense. Remember
and apply these suggestions and we
will stop murders and homicides and
that very soon. After all we may
say and do it remains with the peo-
pie and the juries to enforce the law
A healthful public sentiment ls far
more powerful than.the best judges
and the best laws in any country.
If we have not this sentiment we
must create it by condeming crime
of every sort and character We
must condemn it not only as jurors
and officers, but as citizens. We
must be outspoken in its condemna-
ton and teach our nelghbors and our
children to condemn it. We must
make crime disgraceful and GRIMM.
ais Infamous, and marx me when we
do this it and they will grow health
fully, happily scarce. If we do not
do this Judges may charge grand ju-
ries and instruct petit juries until
they are gray in the service but their
endeavors TO enforce the law as weak
as "a feather upon the water" in OPP
position to public sentiment. Now,
gentlemen, the most powerful agen-