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

aided and abetted by two others, fell
upon one The assault was a 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 mob is commanded
to disperse they are told to go to their
homes. In the time Of disturbance
II 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 not
exonerate them or justify their at
tempt mt personal redress. There are
cases which the law cannot reach
where one must suffer in silence.
This would not be the first nor the
sole case of damnum absque iniuria.
I'm the case of the State of Ohio
against s. II. Kohler one fact ap-
pears which tends most strongly to
palliate the crime he committed. In
that case it was his innocent and
helpless wife who had been deeply
wronged and who was suffering from
the injuries which Kennedy had in
fiicted. He had tried to destroy her
reputation. lie crystallized in print
the foulest and basest rumors con-
cerning her Her honor as a woman
had been attacked and the act of her
husband arose not so much from a
desire to punish an injury against
himself as to vindicntc his wife's hon
or. He had his wife's injuries in his
mind when he assaulted Kennedy.
He was standing up for his wife;
he was defending her fair name and
he was Furnishing one who had cow
ardly assailed 1t. In this fact the
court finds circumstance that al
most completely extenuates his guilt.
"None Of these three defendants
has ever before been under arrest or
held to answer for the commission of
crime. They occupy very high posi-.
tion in the business life Of this city,
They have invested money here which
gives employment to large numbers of
our citizens. They are publicspirited,
and have the welfare of our city much
at heart. The fact that they are men
of wealth should not influence judg-
ment in their favor, neither should
1t initiate against them. They are
not being punished for their wealth
or their unpopularity. They should
be punished for what they did, and
not what they are.
In view of the fact that this is
their first offense; that it was done in
heat of blood which blinded them to
of time and place; that
there was extreme provocation for
what they did, and that many exten-
Mating circumstances enter into these
cases, this court is of opinion that
the ends of justice will be met Il
s. II. Kohler shall pay fine Of
$50 and costs, G. C. Kohler 800 and
costs, and Il. G. Work fine Of $3.50
and costs. 1t is therefore the SEN
tence of this court that the defend
ant S. H. Kohler pay the fine of $50
and the costs of prosecution in his
case, that the defendant G, g. Kohler
pay the fine of 500 and costs, and B.
G. Work the fine of $3.50 and the costs
of prosecution, and that they stand
committed to the Jail of Summit
county until the amount of said fines
and costs shall be paid"