The Progress., 1892-03-12
The Bristol Case--ProgreSS
and Times.


tectorate over THE PBoGREss for
mildly criticising the Judgment Of
that judiaiary in passing sentence
on Mr.. w. ii. Bristol.
This paper contends that the sen
tence imposed was too severe under
the proof presented by the govern
ment, and for this, the Times lowers
its lance and commands halt,
declaring that We have entered for
hidden, sacred ground.
To begin with, this writer intend
ed no structures on either the judge
or jury, but as evidence that there
were grave doubts as TO the guilt
of the accused, the jury stood at
the outset, seven to five for acquit-
tai. These opinions were compro-
missed, after several hours OF delib
Grafton. by a verdict Of guilty with
! a recommendation to the mercy of
the court. If n jury unaccustomed
! Except on occasions occurring only
once in a year or two) TO weigh
such matters, were doubtful Of the
guilt of a prisoner under the eNi
dence, how much more 20 must be
a judge, who for years has had con-
! siderable experience? No matter
what NAV have been his individual
! opinion, he could not fail to note,
unless swayed by Subtle argument
of COUNSEL" that the government
had failed 10 make out its case
with that certainty and beyond
that doubt which the law declares
it must. The Judge has prerOga-
ltives which a jury's verdict cannot
overthrow. 1t was wise precau-
ton of the law makers VIII ch placed
it in their power to exercise discre-
ton in imposing penalties in just
such cases as this. For this pur-
pose does the law declare that
"whoeyer shall be convicted OF,
etc, shall be imprisoned at hard
labor for not less than nor more
than''-the limit TO be fixed by the
Judge from the mitigating circum-
stances and the proof presented
In this case the jury recommended
that mercy be shown. A majority
realized that the prisoner had not
been proven guilty. and only con-
sented to change their opinion with
the proviso that qualification be
added.
is idle to say that less sentence
could not have been imposed under
the verdict. One year would have
not in the least reflected on the jury's
decision, as the law which gave thai
body the right to pass upon th'
guilt or Innocence Of an accused
likewise gives the Judge the right t'
assess the penalty, in prescripef
bounds.
Again admiting.for the sake OF argu
ment that The PROGRESS was Wholi!
wrong. by what right does the Time'
take it to task? Has that paper be
come the guardarian of Judg'
Boarman's judicial dignity and dis
= erection. its body-gusrd to ward OF
even lust reflections? A powerful
ally truly. but a very indiscreet on
which does its protege more harm
than good. However, death itsei
would doubtless be a precious boon
, decreed by such power. Finally W
repudiate the assertion that III
PRoSREss wrote in bad taste, an
think that our friend went beyon
the bounds of justification and iegit
IL mate criticism when it used the es
nression. In fact, We think tina
the Times exercised far less taste
2 interfering with something that di
not in the least concern it, than
n accuses this paper of doing. An
J. with all due respect 10 the superiC
ability of that journal, We do n'
- recognize il rs supreme authori'
on what is a display of proper tast
and shall continue to exercise o'
own discretion in whatare the eprop'
-. and meet subjects TO be handled
a newspaper. And we still insl
that from the evidence and recor
mendation of the jury, the pehai
was vastly too severe.
Communication.
MR. EpIroR-What is the ia
Association doing? VIII they {
fer a special premium for the be
colt raised in Caddo parish-hor
or mare? For best mule colt, Je
sew COW or calf. for the best mil
COW, any breed, raised IN Cad.
parish, cow to be MIXED on t
G ground, Best butter cow
will they wait until a few wee
before their opening TO send o
their premium list, Start t