The Pascagoula democrat-star. (Pascagoula, Miss.) 1878-1920, 1895-09-20
CODES CORRECT CONSTRUCTION.

SECTION 1922, Disturbance OF family
noises and offensive conduct.
"A person who willfully disturbs tho
peace of ANY family or person by an ex-
| ~nlusion OF cunpowder or other explosive
substance. or by loud or unusual noise,
or ty any tnmnliuouS OF offensive con-
duct, shall he punished by fine and im-
prisoumeut, or either +; the fine not to ex-
ceed one hundred dollars, aud the i'm
prisonment not to exceed six months III
the county jail"
Editor Democrat-star.
On or about the morning of Sept. 9Th,
Mr.. ID. G. Posey came to his work at my
shop and complained that on the night
before he and his family had been dis
turled by u charivari, or II steel band'
sc,enade. K:owing snch acts were Gus
lomary on on coast | treated the matter
lightly. and was disposed to laugh 1T
him. After an hour or so | saw he was
very much hurt about The matter, and he
finally asked me il there was no law to
protect a man in such cases. answered
there certainly ought 10 be, and at his
request went and examined the code
and at once found the above quoted see
ton, " hich ] knew was clear and posi-
tive.
The sc,cuaders gave him another raise
ON that night, and Constable Jake Gun
bingham being notified was Oh hand and
arrested two of them while ~ the very
act Of beating nj the old saws. On tho
next morning. Sept. 9Th. Mr.. Posry made
affidavit against n large number ut them.
and on the same day most of them were
arcstel and placed under bond to APP
pear tor trial on Sept. 10Th. vet, after all
ills rlley went back on that same night
aud made Rome hrwl.'
On Sept. 10fh two of them were tried
before a jury, and acquitted, which by
agreement acquitted all, so far as the
affidavits had been made, which included
.he two first nights.
Believing that | had made no mistake
IN advising my friend that section l03:
was II protection for his family. and
knowing that The parties engaged IN the
charivari would accept District Attorney
Neville ANA Judge A. G.. Mayors us the
hest authority in copstlelng any criml
nal law. | at once wrote 10 each of them,
and now believing thai all fair and co
sideratc minds will agree with me tina
the charivari has long since SERVED it'
day and generations" and that the jnr!
may see their mistake, and that the
'Serenaders'' may see that what IS fun
for the boys may he death to the frogs
and hoping that as Mr., Poscy has stop
ped the disturbance of his family h" vii
not invoke the aid Of the grand jury.
here copy the answers received from DIS
b trict Attorney Neville and the venerable
| Judge MarcrS, and trust that the '%'clari'
vaii" will ''paSs on with the Indian ant
buffalo, and give place to Il more reflne'
+ amusement for ON boys:
My DEAR SIR: | should think that il
, wonld he u violation of section 1872 Il
engage IN Il "charivari" OF course III
State mnst prove the off rse was willfiil
/ but il the parties engaged in it. of tliel
own motion, or were not compelled Il
20. of course the law presumes that tll
was wIlfnl. ! never heard Judge Terra
or any other Judge charge that ii CHAIR
. vari was Il violation OF the law, but
know that it is though. if the parlie
will testify that rhey were disturbed.
! Your friend truly.
JAS. II. NEVILLE.
The section 1899 was enacted to pun
ish people who INDUCED in that ''beath
anish custom" In the Finch case q
Miss. p 46l, 1t was held that ''wlat con
t stituted the offensive conduct Sh0nll b
O set ont Therefore, in case an affidavit
, is made before u J. p. il should stat
i that sad offensive conduct consisted / I
the ringing Of bells and blowing of horns
&c." If the party is indicted, the Di,
trct Attorney will state in the indict
ment in what the offensive conduct COZ
sists, Yours truly.
A. G. MAYERs.