The record-union., 1894-05-21

the mob of? He was there choking the
officer.
We do not depend on Mr.. Flecken-
STEMS word alone. Witness after wit
ness tells you that he was choked by
Paisley; that Paisley was the last man
who let go OF him; his pistol was grabbed;
his shirt was torn; they were on him in
heap and these exclamations were being
made at that time. Ladies standing on
distant porch heard them, and men in the
street heard them. Do you believe it?
Take their actions alone, without word,
and what would you, as a reasonable man,
think was going to become of you?
The law is, not as to what the actual
facts are, but how did they appear to this
man at that time, as a reasonable man?
Ii man throws his hand behind him in
threatening manner, no matter whether
he has pistol or not, have right to
shoot MIN down If as reasonable man,
| believe my life is in danger. LII man
choking me, and having others to assist
him, utters the words, .Ill have you, or
you'll have me-" and in breaking away
| am thrown around, and from his actions
believe he has not yet ceased, fire my
pistol and death ensues, under the law [
am justified. This shooting was done
while overcoming actual resistance to the
execution of legal process.
l would not ask you to discharge this
man If L did not believe it was your duty
to do it. AS | said before, the eyes of the
whole country are upon you tonight.
They are expecting you, by your deci-
sion, TO say to the Industrial Armies that
have gathered from the Pacific to the
Atlantic: Gentlemen, il you gather and
join such armies as that you must not
violate the law. When an officer is at
tempting to serve legal process upon one
OF your number, you must not band to-
gether and attack the officer and attempt
TO release prisoner from his custody.D
This man has shown that he is lear
less and lawabiding officer, and l want
the decision of this court to uphold him
in his action. l want him to go forth to
the community free man. L want him
TO have the plaudits of the community
for daring to execute the process of the
law, and | confidently ask your honor to
discharge him.
THE COURTS DECISION.
At the conclusion of Mr.. jones' argu-
ment a recess OF ten minutes was taken
to afford Justice Gwynn an opportunity
to take a breathing spell and prepare his
decision. The Justice is hard man to
guess, and it was not until that part of
his decision referring to General Dem
ming Smith was reached that the spec
tators could form an idea Of what the re-
suit would be. Following is the decision
ordering the discharge of the Constable
DEFINING SMITH SCORED.
'The examination just closed is an
other among the important ones that
have been brought before me during nv
term as Justice of the Peace Of this town
ship. | feel now, and have felt from the
outset that grave responsibility rested
upon me IN determining my final action.
| have listened 10 the evidence adduced
on either side with all care and attention.
1.-THE testimony of +. Denning Smith,
an officer Of the highest rank III the In
dustrial Army, now at Auburn, and
from whom | expected important evil
dence, / must admit has no weight at all
with me, from the fact that his evidence
was not only not supported nor substan-
tlated by any witnesses, either for the
people or for the defendant, but, on the
contrary, was shown to be worthy of no
consideration at all.
Now, even from other witnesses for
the prosecution it was shown that the de-
fendant, as lawful, qualified and acting
officer, armed with warrant of arrest
issued by a competent court, arrested one
John Doe at the city of Rocklin. The
warrant of arrest made it the imperative
duty OF the officer defendant to forth
with arrest and take before the magis-
trate the person for whom the warrant
called. The evidence on either side shows
that the officer defendant, while in the law
ful performance OF his duty, was followed
by Il set of men, strangers To him, using
such language as Take our engineer
from himn Take his gun from him ?
etc. The acts Of the officer at this time
were certainly lawful, and the acts of
those following him for the purpose
above mentioned must be admitted to
have been unlawful.
PAIsLEY's CONDUCT.
Further on the evidence shows that
one w. S. Paisley. then the highest offi-
Ger in command of the industrial Army
mentioned, instead of making an en-
deavor to restrain his men or followers
from committing unlawful acts, aided
and assisted III hampering, harassing and
retardlng the officer in the performance
OF his legal and obligatory duty by LAYING
violent hands on the officer, while Others
persons under his command, were en-
deayoring TO take from the officer his
pistol, the only defense he had of his per-
son.
IAN officer should be protected in the
lawful discharge of his duty, and in ex-
treme cases, such as the one now before
me, where gathering Of persons-a rab-
Die, II you chooSe-were pressing him to
the wall, so TO speak, with unlawful in
tentions, | cannot but believe that he had
A LAWFUL RIGHT TO DEFEND AND PRO-
TECT HIMSELF.
1.-THE evidence is not sufficient to cause
me to believe the otfense charged in the
complaint. to wit: 'Willfully. unlawfully.
feloniously and maliciously and of his
(defendant's) malice aforethought kill
and murder one William Paisley. hui
man being has been committed, and
that the defendant, J. B. Fleckenstein, is
not guilty thereof. [ therefore order that
he be discharged. 1t is SO ordered"
THE OFFICER CONGRATULATED.
Hardly had the Justice finished read
ing the last sentence of his decision when
the spectators in attendance applauded
vigorously, and rush was made to
Fleck kenstein by his friends and attor
neys, who shook his hand and congratu-
lated him on the fact that justice had been
done him.
fleckenstein returned to his home in
Rocklin yesterday morning, where he
was met at the depot by his many friends.
who also congratulated, him on the out
come OF his examination.
EVERYBODYS COLUMN.