Evening journal., 1893-11-28

wise and useful purpose; and In order
that you may understand this case. IL
becomes necessary for the court to put n
construction upon that statute.
Every statute has some purpose aud
meaning. The object ofthis statute was
to prevent the carrying of concealed
deadly weapons about the person; be.
cause, persons becoming suddenly
angered aud having such a weapon in
their pocket. would be likely TO use IL,
which In their sober moments they
would not have done and which could not
have been done had not the weapon
been upon their person. In order that q
person may be convicted under this stat
ute, the spirit and intent of the statute
must be violated. The statute never had
the meaning and the meaning cannot be
put upon Il that where person, for
Instance, In walking along the road picks
up pistol and puts IL In his pocket or,
il nan buys a pistol, puts IL In his
pocket and carries IL home-the act never
contemplated that he would be guilty OF
carrying concealed a deadly weapon. be
cause this is not carrying concealed q
deadly weapon. The mere fact Of the
person putting IL In his pocket and carry
ing IL home is not a violation Of this
statute.
"You have heard the testimony, and
as to that testimony you must make ur
your minds whether or not this person
was guilty; IN the intent and meaning OF
the statute, was the person carrying
concealed a deadly weapon2 Was be
doing it as a matter of habit? Wss he
concealing the weapon which he would
be likely to use, which the statute Is in
tended TO preventg-that is a matter for
You TO determine.
There is testimony Qf you believe it)
that this person was not the owner of the
| pistol that il came into his possession
under peculiar circumstances that IL
was taken from another person aud
given TO him; that he intended to keer
this weapon and restore it to its owner
Ia other words, the weapon was but foI
a few minutes in the possession of the
person, with tho intention OF
carrying concealed the deadly weapon,
but with the intention OF keeping the
weapon. which for the time being was
necessarily In his pocket. If YOU believe
that testimony, then. under the provi-
sions of this sta ute. he was not carrying
a concealed deadly weapon, for the time
being. II a man is drunk and is likely tC
do some violent act, and you take his
pistol from him and thrust IL In youl
pocket, and while graphing with him
he having hold of you and you trying 9,
get loose, a man comes up 10 you anC
takes it from you, you are lot &C.
cording TO the meaning and spirit of thil
act, carrying concealed deadly weapon
If you believe this testimony offsre,
/ here than this pqrqou rauunt ba RON.
victed
IF, on the other hand. you believ
from the testimony adductd on the par
of the state that this man had this pisto
1t matters not where IL came from;
he goes to a store and buys pistol, no
for the purpose Of carrying the pistC
home, but buys it and puts 1t in hi
pocket with the intention of carrying II
and is found with that pistol upon hil
and that with the intention Of concea
ing it, then he is carrying concealed
deadly weapon. But you must take Oh
facrs and circumstances into considera
tion. and according to its meaning make 9
application of this statute to them. Tn
case presents just that state Of facts es
actly and we have given you the inte
probation to be placed upon this statut
IF there should be any doubt in yor
minds-any reasonable doubt AS TO Il
person being guilty Of this offense, the
he would, OF course, be entitled TO Il
benefit Of that doubt.
The Jury returned a verdict .of n,
, guilty. Deputy Attorney -Gener
Branch H Giles conducted the prosecu
ton aud William S Hilles defended I'll
) prisoner.