The weekly intelligencer. [volume] (Lexington, Mo.) 1891-1901, 1899-09-30
ACrnc,sm.

In your issue a he Sd last, sthe
following:
IA case Of s,ienpted npe was tired,
WEDNESDAY morning. before T. ].
Daiue. J 2. TIE defendant. Charles
Dufton, is = cOIored man. and the
prosecuting xliness vas = coloued
woman. named Mamie Hayden. Arsr.
a Thorough e~xan.uaiion q the case tie
defendant was discharged. II these
had teen white peoHie there would have
been some SHOOTING
You % not say who. In the event Of
their being white people. would have
done the shooting, OF who would have
eeea shot, rs a result Of the decision OF
the magistrate. Presumably, you think
/ should receive the nrst shot Tie
case was not tried ss you saY-it Was
only the examination Of a felony. Tue
ofense was not as YOU state "a case OF
attempted rape bat the oaense ehArg-
ed In the affidavit was al assault with
intent 10 commit arSpe observed
that yoa were present through = portion
and I presume all Of the proceedings.
You heard The testimony In the case.
and heard the authorities cited by
counsel-now how can you say that
anyone deserved TO be shot as a result
OF that declsiony The prosecuting
attorney admitted TO me after the pro
ceeding that under the evidence a con-
viction could not be bad in the criminal
court. Your CRITICISMS are unjust, and
they are not founded on reason or
common sense.
49, 7. ]. DuLISG.
We admit that we were technically
wrong In saying il was - case OF
attempted rape.'' and we should have
said ian assault with intent to commit
q rape" We are glad to know that an
"attemptr was not charged, but only
''an assault with intent TO commit a
rape.n There possibly is a difference In
Law, but very little In the estimation OF
the general public.
We think Judge Duling presuues too
much when he takes 1t for granted that
we said or meant to say that anyone
would have been shot "as a result OF the
decision Of the magistrate" The shoot
ing would have taken place before
there was any arrest made, If at all.
A white man loses caste whtn be has
another man arrested for assault with
intent to commit a rape on his wife.
We did not say that the shooting would
have been ~justihable, but there is a
lingering sentiment in the hearts OF our
people that makes it bard to convict a
man when he shoots under such cir
cumstances. The judge grows fa%cetious
when be says: PRESUMABLY you think
l should have received the first shot"
On the contrary. we endorse his de-
cision in this case. There was evidence
OF an evil intent, but We do not believe
a conviction by a jury could have been
secured. The judge may deserve shoot
ing for some Of his past decisions, but
this decision is all right. Please
observe that we do not say that be
deserves TO be shot" but a she pre-
sumes that We presume that be ought to
be shot, and as the presumption fingers
in bis mind, VI will not say 1t Is the
''baseless iabric Of a dream"
The Judge rightly says we wert
present aud heard the evidence and
the authorities cited, and asks: Now
how can you say that anyone deserves
TO be shot as a result Of that decislonS'
We did not say II. We submit TO oul
readers that what we did say came
nearer being an exact statement OF the
case than Judge Duling's words CONT
TO being al exact quotation; and mucl
nearer than his ideas Of our meaning
come to being our real meaning.