Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1901-07-20

tempt to do this, followed by the pub.
licatlon of the slanderous article in
the Amusement Record, constitutes a
complete provocatiou for what fol-
lowed; they aroused the fury and the
resentment and the rage they were
well adapted to do. In the words Of
counsel In argument, Kennedy
brought the assault upon himself; he
is responsible for the consequences of
his act. In this case the conse-
quences were such as in the experience
of mankind may be eXpected to follow
such an act.
The testimony showed that the
assault was made in a spirit of rage
and fury. 1t was done in but resent,
ment of wrongs Inflicted. 1t was
clearly provoked In passing sentence
this provocation must be considered.
The court or Jury that fixes the
punishment may listen to the aggra-
waiting and mitigating facts and place
1t where Justice and sound policy for
this particular instance dictate, yet
neither more nor less nor otherwise
than the law has limited and defined,
Il Bishop Criminal Law, Sec. 601.
THE entire transaction in which
n crime was committed may embrace
more unklndness than the indictment
charges; or there may be other cir
cumstances of aggravation on the one
hand, or Of mitigation on the other
Therefore. If the law has given the
court discretion as to the, punish
ment in pronouncing sentence, 1t will
look into any evidence proper to In.
iluence a judiclous magistrate ia
make ii heavier or lighter yet not
to exceed for what of crime Is with
In the allegation and the verdict
1 Bishop Criminal Law, Sec. 94S.
After full consideration of the
provocation and careful weighing OF
the mitigating circumstances IN
these cases, it is not open to the judi
cious magistrate to impose the heavier
penalty. 1t must be remembered that
the defendants have already suffered
keenly, 1t cannot he said that mental
suffering is whit less poignant than
physical. AS far as pain is concerned
these defendants would doubtless he
glad to change places with the assault.
ed party,
In passing sentence this court has
not been nmindful of the fact that
these defendants acted in n rlotous,
lawless manner, They dened the laws
when they determined to redress their
injuries for themselves. They live
I'm highly organized community Its
residents have ready access to courts
Of nearly all grades. From the Sum
nit county bar may be selected law
yers of the very highest degree of
professional skill. Our people are
imbued with the loftiest respect for
law and legal processes. They have
inexorably determined that order
must be maintained hero at any cost.
Acting upon these high Ideals, men
take the disputes that arise between
them into the courts for settlement.
Crimes are swiftly and adequately
punished. There has been no failure
of justice In our midst. Living among
men accustomed and trained to resort
to law and not TO force for redress
of injuries, these defendants agrord
among themselves 10 take the Inv
Into their own hands. They decided
TO resort to violence, in defiance OF the
spirit and tradition of the community,
These men should have been OK,
amples in our midst of high and right
living, of calmness and restraint IN
der provocation, and Of abiding and
constant reverence for establishing
law and fear of its 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 anil
violence; where extraordinary cxcr-
tions had been put forth TO impress
upon very small disturbing and riot
ous 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.
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