The record-union., 1894-05-21
JUsTIFIED-THE GOSPEL OF
VIOLENCE.

The discharge of Constable Flecken-
stein from arrest for killing Paisley at
Rocklin at the time of the riot there, was
ordered on Saturday night by the Au-
burn magistrate who held the examina-
ton.
It was clearly proved that the officer
was justified in his act. The testimony
against him, though mainly by members
of the mob-and if all the testimony for
the defense were thrown out-was not of
3 character to warrant the belief that a
jury would convict. On the other hand.
it was shown that the officer was in the
discharge of his duty, was set upon and
his life put in peril; in short, the testi-
mony established that the statements
made at Rocklin at the time Of the kill
ing and published the next morning in
the RECoRD-UNIoN, showing that the
Constable acted justifably, were all true.
To have held public officer for murder
under such circumstances would have
been an act Of purposeless cruelty, and
have tended to cow all peace officers who
may be called upon to serve the warrants
of the peoples courts against mobs and
rioters.
The outcome of the case is precisely as
the RECORD UNION, from the time of the
killing, believed it would be, and as it
expressed itself on the strength of the in
formation received by it from reliable
eye-witnesses of the transaction.
1t is fortunate for the cause of justice
and the maintenance of the law that the
Auburn magistrate had the courage, in
the face of the howl raised against the
officer, and the demand of certain of the
prejudging, biased and cringing press
and Of the members of the mob, that the
Constable be held. to act with judicial
calm and pass upon the case in the light
of the truth as disclosed by the evidence.
If the supplemental mob which at Oak
land denounced the peace officer and ex-
tolled Paisley as a martyr" and a ''mur-
dered hero" and sung peons to his "glo-
rious memory" has any doubt remain
ing as to the innocence of the Constable,
the dismissal by the Magistrate does
not estop it from prosecuting the peace
officer if it is so disposed. But we do not
believe that any Grand Jury moved at all
by sense of duty will ever be found 10
return q true bill against Fleckenstein for
doing what any conscientious man stu
ated as he was must have done, who was
not cowed by and subservient to the mob.
There are some thoughts suggested by
this case, consideration of which cannot
be passed. One relates to the indecent
haste of certain newspapers of the sensa-
tional order to condemn without hearing,
to presume all things against the law and
its officers, and having taken this posi-
ton. 10 either refuse to publish the facts
when made known, or to so subordinate
them as to make 1t unlikely that they
will be read. This situation has actually
developed in the FIeckenstein case, and
the very papers loudest in denouncing
the officer and in shouting about the
''martyrdom" of Paisley, the law
breaker who was killed justifably, have
become silent under the development of
the truth. and in most cases failed to pub
ish the bare facts justifying the officer.
Another thing suggested by the case is
the dangerous growth of the disposition
to exalt and cannonize law breakers, to
speak of them as prosecuted" bounded
by ''the laws hirelings," and pursued by
''man hunters" II such contempt of the
law is to be much more encouraged in this
land and acts of larceny in stealing trains
softened into ''takings,' the killing of
United States Marshals by offenders re-
duced to ''defenses against assault" and
those of them who are killed while in the
prosecution of crime, apotheoszed as
martyrs and gloriied as heroes" we
shall have anarchy dominant presently,
the strong hand the dictator of human
action and the right to life, liberty and
property made dependent upon the brute
will of the lawless.
Harris who was killed by the robber
Azof, under this new code of laws would
be ranked with those who get what they
deserve; as imam hunter" who, though
an officer of the law, suffered justly for
his impertinent interference with the vo-
cation of highwayman. Messenger
Hendricks, who shot the Milton stage
robber in his tracks on Saturday, under
this new system of adjusting human
rights becomes a murderer, and should
be dangled by the neck at the end of a
rope.
The Federal Marshal shot to death at
North Yakima, according to the new
penal code of force and violence, was
killed for his "audacity." and his rash
ness" in attempting to prevent aliens and
felons from outraging the rights of citi-
zens and carrying of and converting
their property. Verify, the new gospel
viii cause even anarchists to blush.
THE WATER QUESTION.
The City Board of Health approves the,