The herald., 1896-01-06
THE WEIGH INCIDENT


In another part of today's issue oi
The HERALD will be found couple OF
communications defending the course
of the Redondo constable and justice
of the peace in the Welch incident
One of these able and fervid contribu.
tions to the press was prepared by q
party somewhat interested in the mat
ter-the justice before whom Welch
was brought and by whom he was SEN
fenced to ten days in the county Jail
for being what it was perfectly
apparent he was not, vagrant
The other is by a Jealous friend
of the criticised Rsdondo officers. The
| friend, in the abundance of his devo-
tion to the Judiciary and constabulary
of our seaside neighbor, seems per-
vaded with the awful fear that THE
HERALD, in its solicitude for the "old
soldier" is prepared to have the relics
| of shot-swept fields commit all the
crimes and misdemeanors in the cate
CORY Of bad things without rebuke and
punishment. The HERALD hastens to
inform our perturbed lend that it
would have been just as solicitous about
the rights of Mr.. Welch if he had been
an old civilian who had never felt the
inside of Uncle Sans uniform, though
of course the fact that he was an "old
boy in blue" did not in the least lessen
its regard for him and his rights. 1t
does not believe that old soldiers
should enjoy immunity from punish
ment for unlawful conduct any more
than others. The reference to the ar
rested man as an "old soldier" WAS Incl
dental to an intelligent recital of the
story and not intended in any way as
offering an excuse for any misdeeds
that he might be guilty Of. In hsrping
on the "old soldier" references of this
paper both the justice and his friend
are rearing man out of straw.
The assertions of The HERALD, based
on carefully collated facts, were to the
effect that Rober, Welch had been un-
lawfully deprived of his liberty in be-
ing arrested and convicted of vagran-
cy. This view of the matter is con-
firmed by the prompt release Of the
prisoner by Judge Smith when the
former was brought before him on a
writ of habsas corpus. And the de-
nunciation of the Redondo proceed
ings by the superior court judge wou d
seem to indicate that The HERALD did
know what it was talking about, not
withstanding the doubts of the justice
and his chivalrous friend.
HE HERALD has no dis position to do
any public officer the slightest injus-
tice. To all men in office, regardless
of their political affiliations, this pa.
per desires to be just and to deal with
their acts impartially; to credit them
for the good they do, and to condemn
them for the bad they are responsible
for. In making structures on the ten
dency of some outside deputies and
justices to strain the law for the pur-
pose of manufacturing vagrants,
The HERALD knows whereof it
speaks. The case of Welch,
The HERALD considers one of the
strained construct kind, and there
is nothing in either of the communi-
cations to justify change of opinion.
If Mr.. Welch did all that is asserted, he
might have been guilty of disturbing
somebody's peace, bat certainly not of
vagrancy. His alleged failure to ex-
plain that he belonged at the soldier
home is immatersl; his garb and the
furlough certificate easily established
his abode. 1t is also immaterial as to
what he pleaded guilty to- 1t he had
violated law he should have been
punished for such violation, aud not
convicted of something he was not
guilty of.
1t will occur to many people who
read Justice Witherell's letter that it
would have been better for hin if he
left the epistle unwritten.