The times. [volume] (Richmond, Va.) 1890-1903, 1896-03-11
THE YOUTHS DISMISSED.
TRE JUSTICE DECIDES THEY ARE
TOO YOUNG TO BE PUNISHED.
~ Will Not rxcusc BOYS over Ten Years
Old. However, bnt VIII Enforce
His Order.

who were With ''~'N~
on Third street. Two Of the youthful ac-
cuscd were tho sons Of Messrs Rofe T..
Glover and James Grigg. who were quietly
sitting In the laps OF their fathers. hardly
approaching the seriousness Of the situa-
ton. while they were being tried.
DIR. c. A. Mercer appeared for his two
sons. one Of whom. he said, is eight years
old and the other nine. He explained.
when their names were called TO answer
to the same charge as the sons of Messrs.
Glover and Grigg. TINT he did not deem
their presence necessary. and had there
fore left. Them AT home.
Onicer Il. a. Poiteaux. who reported
the case. first took the stand and told
why he reported the boys.
MRS. RAWLINGS LETTER.
Mrs. Rawlings was not in court. but
sent the following letter, which was read
In court:
Hon. John j. CrutchHeld. Police JUS
ticc:
Dear Sir.--I am summoned as a wit
ness in your court to-day TO TESTIFY IN
regard to a window In my house being
broken during a rock battle In front Of
ny house.
Permit me TO say know absolutely
nothing OF my own knowledge. | was
not in the room at the time. did not see
the window broken nor any OF the boys
who threw the rocks. My testimony
would consequently be incompetent and
Il will be useless for me TO appear es-
pecially as my informants have been
sun mOncd as witnesses and Will tell you
all they told me. l have heard that
these charges are made upon my infor-
nation. III So I would be very glad 10
have them Withdrawn. as j do not
know the parties and did not desire any
arrest to be made In the beginning.
Begging. therefore. to be excused from
attending. 1 am, yours truly.
MRS. j. RAWLINGS"
Two othersmalr boys. Nelson Wood and
Irving Blair were then called to the
stand. who testified tnat the four ac-
cused were at the time referred 10 en-
gagged I'm rock battle With two other
small boys. who. however, were not in
court.
VIEWS OF COUNSEL.
As soon as this testimony was COM
pletod, Captain A. Il. Guigon. who hap
pened TO be present, addressed the Court
and said that he was about 10 make him.
sell obnoxious by volunteering his SER
vices as counsel for the defence. lie
called attention TO the youth of the pris-
oners. who. he said, were not the boys
against whom the community and the
newspapers complained.
These are the boys that one Of the
papers says j ought TO send to the re-
formatory." remarked Justice Crutch-
field.
Captain Guigon. in resuning his
speech, said he felt satisfied that he
voiced the sentiment of the community
In saying that these boys were too small
even TO be brought into court. ana he
asked the Justice TO discharge them.
THE COURTS. DECISION.
IL want 1t distinctly understood" said
the Court that / propose TO break up
this lawlessness of indulging in rock
battles on public thoroughfares. / have
sent for Mayo's Guide to be sure of what
/ am doing, and i find in il that children
under the age Of seven years are utterly
incapable of committing IL crime. and OF
the accused two are under that age
ION the other hand, intend to punish
boys OF the age from ten TO eighteen
years TO the fullest extent OF the law
whenever they are brought before me.
i shall not only fine them. but send them
to the reformatory or Jail, if necessary.
But in this instance the law does not
mean that parcel of babies shall be
fined by me for pitching gravels. The
case is therefore dismissed"
THE AUTHORITY CITED.
The section read by Justice Crutchield
from Mayo's Guide was as follows:
Who are incapable OF committing
crime.-Withn the age Of seven years
an infant cannot be punished for any
OFFENCE whatever. for i'm presumption OF
Law he has no discretion whatever. and
against this presumption nothing can be
heard. Between the ages of seven and
fourteen an infant is presumed to be in
capable of crime. yet this is but a pre-
sumption in his favor which may be re-
butted by proof showing a wicked and
depraved discretion evinced by the par
ncular facts and circumstances OF the
case. The evidence. however, to repel
this presumption should be strong and
. clear beyond all doubt and contradiction.
e. MRS. RAWLINGS SET RIGHT.
Mrs. Rawlings sent the following to The
Times last night for publication:
Il was astonished to read in the papers
this afternoon that the police officer had
testified In the hearing in the Police
Court OF the youths charged with throw
Ing rocks on south Third street that he
made the report as result OF my per-
sistent requests. The simple and unvar-
nished facts in the case are these.
When one of the front windows In my
house was broken last Friday afternoon
II was at least tha sixth time within the
past hree months that windows i'm the |
house had been broken as a result OF !
poys throwing rocks I'm the street, but |
TINS was the first time / had been able !
10 trace the act 10 any one boy. DIR.
MERGERS son. who appeared TO be at least |
ten years old. admitted having thrown the |
rock which broke the window. and | re- |
ported him along with the Others who |
was informed were implicated in the rock |
throwing 10 Officer POiteaux who called |
at the house. After talking the matter
over with him ] suggested that owing
TO the tender age OF the boys il would !
be best Tor the officer instead of report |
ing them To visit the parents OF the |
youths and urge that they be corrected |
The officer adopted my suggestion. aud |
took nnal leave of me with this distinct |
understanding. l was therefore greatly |
surprised 10 read on the following after
noon In an evening paper that the bows 4
had been reported TO the authorities ana l
would be arraigned in court. | look no I
action then TO arrest the proceedings. 1
however, because ! thought the officer
must have reported the case on additional |
Information furnished by some one else.
when officer Poiteaux came Yesterday !
TO summon me TO appear I'm court TODAY
j expressed surprise that he had repoit- [
cd the case. and asked for an explana- 1
ton. Hsi reply was that the Chief of
Police had heard Of the matter and re-
CURED him to report the case and he 4
could not do otherwise"
''Thc Publicity which this matter has
forced upon me is painfully unpleasant.
and. but for the fact that l have been