The evening times., 1897-07-19
KILLING HELD As JUSTICE
Judge FaIconer's Decision in
the Harris Murder Case.
WIDE POPULAR APPROVAL
Instances Where Murder May Not
BE Crime Death Due the De-
spoiIer of Happy Homes-COl.
Breckinridge Takes Issue with
the Opinion of the Court.

Lexington, Ky, July 19.-PubIic opin-
ion in Lexington aliUOst sOlidly sutsalns
City Judge d. Gray FaloOner in his ae-
ouIttaI Of Jacob Harris for killing his wire's
lover, Thomas II. Merritt
Col. W. C.. p. Breckinridge comes out
in an editorial in yesterdays Herald, at
tacking the decision. The Daily Leader
In an editorial takes issue with the Judge.
while the Daily Argonaut supports him
Severalcards appearedin yesterday spapefs
supporting Judge Falconers decision
There Is nothing else talked OF but this
decision, and, while many lawyers think
the young Judge did wrong in releasing
Harris, they all agree that no Kentucky
jury would find Harris guilty on flnsI
trial Not "a few leading lawyers side with
Judge FaIcOner. There is fear that the
decision win cause more honieides here
than from cause similar TO the one Wnich
prompted Harris.
Judge FdlcOner stands by his decision
firmly In an interview tonight be said;
MY action does not prevent the grand
Jury from frdtcting Harris, and the matter
goes before that body just the same as
though I had held him over to the circuit
court. I suppose the gentlemen OF the
grand Jury, W ho will meet on Tuesday, viii
indict Harris, IL they think he Is guilty
OF a crime " hich needs TO be punished"
Judge Faleoner is but twenty eight
years old and married, and by his remark
able decision has bounded into prominence
IN a day.
jacob s Harris, thirty-five years old,
was the husband Of Fife Harris, pretty
| woman. aged twenty-five. They bad two
children, boy and gin. Merritt was an
acquaintance OF the family, and formed an
Illicit relationship with Mrs. Harris. This
resulted in Merritt employing Mrs. Har-
ris as a copvist in his office. On Friday.
| July o. Harris found Merritt and Mrs
| Harris hu.cinq and kissing on a bench
| in GTatz PARK. lie shot Merrittdead-
In his decision. Judge Falconer says:
| .The commonwealth insists that Harris
| should have warned Merritt to cease
| his attentions. and that when he dis
covered Merritt and his wife be should
| have sought the relief afforded by the
| divorce laws, OF by an action for dam
/ ages
4 Inc reiLLifln OF man anu WIFE ~ Jul
| civil society is notice 70 all the world
| that no third parties shall interfere. and
/ that the advances Of him or her who seeks
or attempts TO wean the wife OF husband
| from the love OF the other are advances
| made st the peril OF him or her who ma kes
| them The duty to warn before acting
| incumbent upon no one OfthOse occupying z
| these relations
| Regarding the divorce contention. he
/ says "The saddest Of all cases that come
/ before courts for trial are those which are
the common result Of interference with
| the relations of husband and wife in or
civil society. Human law In its declared
/ portions has deCraed no adequate punish
ment for the violatOr Of the home
In cases whore the relations of husband
and wife has prodGced no offspring 10 may
4 possibly he easier for the husband to bring
/ himself 70 seek dissolution by divorce OF
! damages. No wife Yields herself 60 the
| charms OF the despOiIer Of homes till he has
| weaned a way from her husband that love
i which a. the Foundation Of the rDarriage
/ relation and without which It's permanance.
so essential to human happiness, cannot
be secured
| When. however. the shadow Of fnfideI-
| ity TO marriage vows comes between the
/ parent and child, it casts over both a gloom
darker than the grave. How can a father
name a lost mother to his child9 And how
can a daJShfer hear that mothers name
without blush?
| death is mcrciful to the pitiIess cru
| city OF bi n who stains the fair brow OF
innocent childhood by corrupting the heart
OF the mother-wbose example must stain
the daughters life and make the son
ashamed to utter the word 'rnOthsr-'
ct is in these cases that resort il com
monty had by the injured husband and
father Of disgfaced and dishonoreti chill
dren to destruction Quick and terrible Of
the DESTROYER OF his peace and home-ths
active cauSe OF bis chfldren's bHghted
lives
1.-The killing OF man by man is aIwavs
terrible. no matter for what reason. but
there comes a time when the killing Of ma n
by man is only Justice In recognition
Of the unwritten law which excuses the
crime OF those who act as the defendant
has in This case. the defendant is dis
missed