The sun., 1896-09-22
sHoor1Ne CRIMINALS IN FLreHE
An Explanation In the New Jersey Case
The Hrinonar Tried 60 shoot the Omeer.

An Explanation In the New Jersey Case
The Prisoner Tried 60 shoot the Onicer
To THE EDITOR OF TIE sUN-Str: I was very
much interested In your article IN this morn
inR's paper entitled Shooting Criminals In
Flight" wherein you refer TO the shooting OF an
Italian named Ettore CorrlRlione by Constable
w. II. Chandler of Union county on Thursday
last. As you seem to be under some misappre-
hensIon of both law and fact In this case, trust
you will permit me to give you clearer Insight
into the circumstances attending this uEfortu-
nate incident, and tho bearing which our stat
utes have upon them.
Under the statutes of this State all crimes,
with the exception Of treason. and the two de-
grees OF murder and manslaughtcr. are expressly
placed under the head OF mlsdemeanors. You
will, therefore, sec that tho common law dlstinc-
tion between felonies and misdemeanors is not
closely observed In New Jersey, some OF our
most serious crimes, as arson. burglary. rape,
and assault with intent to kill or rob, being des-
ignated as misdemeanors, although punished
with sentences Of great severity. Consequently
person may be technically guilty of misde-
meanor only, while actually guilty. Of q felony
under the common law and the stat utes OF many
Now lot US look at the facts of this case. 1t
appears (even by your own ACCOUNT that the
Victim. with two companions, was detected in
stable Chandler. who Is also a game warden. at.
tempted to place the offenders under arrest one.
not % appreSended % % until Some some hours sfterwsrd. @
The others. Deregottis and CorriRlione not only
resisted arrest but attempted TO shoot the con.
| stable, and were only overcome by brave
struggle. AT this point Correglionc. seeing that
Chandler had his hands full in arrestinR Dere-
gottis, attempted to escape. Mr. Chandler, hav-
and seriously wounded him. There is no doubt in
had II not been for his brave struggle. he would
have been seriously wounded, II not killed.
York but ] am quite sure that you would Justify
New York officer in firing upon fugitive VINO
duty, and who had also attempted an assault
which might and probably would have resulted
Every person who shalt be convicted of an as
sault with an intent intent to commit commit any murder:
rape, or Of an atrocous assault and battery, by
manning or woundng another, shall be guilty
OF a misdemeanor, and shall be punished by
Imprisonment at hard labor. not exceeding ten
years, or by hne not exceeding one thousand
II n crime punishable by ten years, impr!son-
ment and $1,000 fine is not suficient ap-
proach to q felony to justify an officer in shoot
Ing down fugitive. / do not know what your
illustration Of an armed burglar which you cite
as type Of felony may be called.
While there is much in our game laws that
might be copied by other States with much
profit, there is nothing so far as / can nnd,
which authorizes an officer to shoot down viola
tor of them; and do not wish TO appear as adyo-
eating any such baroarous law as such provis-
that thore is nothing either in the conduct Of
the officer in this or In our statute relating
to tho crime OF assault with intent to kill. to
warrant the criticism made by you In the arti-
Gle referred to. do not believe that 1t would
rebound either TO New Jerseys credit or to the
benefit of public policy to allow criminal who
has ATTEMPTED to kill an officer engaged in the
discharge OF his duty. to escape II such escape
could be prevented.
BY giving this space you will do much to main
tain tho reputation which THE sun has achieved
for fairness, lberality. and honest dealing. and
will remove from the minds OF many OF your
readers n prejudice against our fair State.
which the perusal OF your article might arouse
Thanking you in advance for the kindness, !
am. truly yours. LIE GRAND BoUkER.
JERSEY CITY, Sept. 10.
In the account Of the shooting OF Correglione
which was the subject OF comment in The Sun,
It did not appear that the poacber had resisted
arrest or assaulted the officer with firearms, or
in any other manner. Our criticism was based
upon tho supposition that the offender had done
nothing more than to run away after having
been detected in a violation OF the game law.