Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1901-07-20
Extreme Provocatior1 hnocIifies Punish
n1ent i'm Horse Whipping Cases.

to resort to violence, in defiance Of the
spirit and tradition of the community.
"These men should have been ex-
amples in our midst of high and right
living, of calmness and restraint un-
der provocation, and of abiding and
constant reverence for establishing
law and fear of it's sanctity. They
should have regarded the fame of the
splendid city in which they live--a
city already sufficiently disgraced by
other illegal outbursts of rage and
violence; where extraordinary exer-
tions had been put forth to impress
upon a very small disturbing and riot
Gus element the lessons of law and
order; where citizens have determined
that personal safety and personal
earnings will be protected without
regard to- the cost.
THE evidence shows that two men,
aided and abetted by two others, fell
upon one. The assault was sudden
and complete surprise. Kennedy was
decoyed from his house and given no
chance to prepare to defend himself.
In view of these facts it was coward
ly and contravened all the commonly
accepted ideas of fail play.
''The man assaulted was in his
own home when the attack was made
He was surrounded by his own fam
lily. He was in the one place in the
world where he supposed himself to
be safest. When a mob is commanded
to disperse they are told to go to their
homes. In the time of disturbance
it is the proper place for peaceful
and orderly citizens. He was ready
to protect his wife and children; he
was at their side, where he belonged,
and where he ought to have been. He
expected the State to protect him
there and that expectation was rea
sonable.
1T was claimed by these defend
ants that for the injury suffered by
them they had no redress in law
That question cannot be determined
here. Even were it true it could moi
exonerate them or justify their at
tempt at personal redress. There are
cases which the law cannot reacl
where one must suffer in silence
This would not be the first nor the
sole case of damnum absque injuria.
''In the case of the State of Ohio
against S. II. Kohler one fact ap
pears which tends most strongly tc
palliate the crime he committed. Ii
that case it was his innocent anG
helpless wife who had been deeply
wronged and who was suffering from
the injuries which Kennedy had in
flicted. He had tried to destroy hel
reputation. He crystallized in prin
the foulest and basest rumors con
cerning her. Her honor as woman
had been attacked and the act of he
husband arose not so much from I
desire TO punish an injury agains
himself as to vindicate his wife's hon
or. He had his wife's injuries in hi
mind when he assaulted Kennedy
He was standing up fer his wife
he was defending her fair name ant
he was furnishing one who had COW
ardly assailed it. In this fact th'
court finds a circumstance that al
most completely extenuates his guilt
None of these three defendant
has ever before been under arrest o
held to answer for the commission o
crime. They occupy very high posi-
ton in the business life of this city
They have invested money here whicl
gives employment to large numbers o
our citizens. They are pubIic-spirited
and have the welfare of our city mucl
at heart. The fact that they are mel
of wealth should not influence juds