The evening times., 1895-08-15
LAW IN THE FLAGLER CASE.
Authorities That Cover the Matter
Quoted by q Lawyer.


Quoted by q Lawyer.
Editor Times: You are entitled tn the
thanks OF the public for your bold and
manly editorial on the subject of the kill
ing of Ernest Green by Miss FlagIer. Not
word had been said, and doubt whether
one would have been said, by any news
paper until The Times manfully stated
the facts, thus forcing public discussion
and compelling not only the officials to
act, but the members OF the coroDer's
jury to apoloGize for their unwarranted
action in the case.
Doubtless Miss Flagler regrets her ac-
tion. But her regrets cannot restore En-
nest Green to life or assuage the grief of
his parents. Nor do they satisfy the Of
Tended ma ajesty of the law. The Times
has done good service in showing up
as it did the sycophancy or those whose
position gave them control of the matter.
1 am no believer in trial by newspaper
for any offense, but / am glad to know
that there is one newspaper-Ths Times
In the Capital City which has the courage
to expose the horrible condition exist
ing here, whsre society and official in
flusnce are sufficient to overthrow the
plain demands OF justice.
The common law rules in this District,
and hand you for publication the legal
definition of the crime committed by Miss
Fhgler under the well-established rules
Of the common law. 1t is as follows:
Bishop on Criminal Law Sec. 6Ss, Vol. 2:
He Is guilty Of murder" Gays HAWKING,
''who kiAs another in doing such a wilful
act as shows him to be as dangerous as q
IND
general; as, by going deliberately with
horse used TO strike, or difcAarging gun
among a multitude of people or throwing
great stone or piece of timber from q house
into street through which he knows that
many are passing, and it is 10 excuse that
he intended no harm to any one in particular,
or that he meant to do it only for sport, or
TO frightsn the people, etc" In these cases
1t is perceived the act which takes away
the life is both unlawful and of a directly
dangerous nature.
Sec 6ss.. Formula of Doctrine. ''It is
believed that the doctrinemay he cpitomized
as follows: II an act is unlawful or is such
as duty does not demand and of tendency
directly dangerous to life, the destruction
Of life by il, however intended, will be
murder But if the act, though dangerous,
under the condemnation of the law and
death unintended results from it, the hOmi-
eide is mansiaughter; or, if it is of Lature
to be lawful, properly performed, and it is
performed Improperly, and death comes
from it Unexpectedly, this also is man
slaughter"
Sec. 691. Dangerous Misdemeanor: lone
rnintentionaily taking life in committing a
mere criminal misdemeanor of a tort dan
gerous to life, go that the element of danger
concurs with the unawfulness of the act,
commits murder"
have no expectation or desire that Miss |
Flagler should suffer the full punishment |
which the law metes out for the crime OF |
which the law says she has committed, but |
/ do hope that the grand and petit juries |
of the District and the courts will not, as |
they have often In the past, permit this vio |
lator Of the law to escape unscathed be- |
cause of social position.
If such should be the result the commu- |
nifty will have The Times TO thank We all |
know that If this killing had been done by
the daughter of one OF those whom Lincoln |
TO call .'the common people,"
the extraordinary proceedings in this case
would not have disgraced the Capital, and
II the conditions had been reversed, and
the daughter of one Of 1.-THE common peo-
ple'' had, under the same circumstances
killed the son of one Of the society or Off
cial set, she would now be behind the bars
In the District jail.
Let The Times continue it's good work
LAWYER.
P. s.-My name can be given to any one
who has the right to inquire for it.