The Montgomery advertiser., 1903-02-03

and not make examples alone of the poor, ! the ignorant, the unfortunate and the un Known.
 After the lapse of half a century. does ', the biting "good-humor of the great dickens apply to us still: Poor
 Justice!' he then exclaimed. She has been made to wear much stranger gar ments in America than those she pines in, in the capitol. Let us hope that she has changed her dress-maker since they were fashioned, and that the puoic sen- timent of the country did not cut out the clothes she hides her lovely figure in just now American Notes) Killings by oncials. would not discharge my duty If I did not say somtehing of homicides by of- fcials arresting fleeing criminals. Tn cases of felony, if the felon fly from justice of if dangerous wound be given and. If. in the pursuit. the felon be killed where he cannot be otherwise overtaken, the homicide Is justifable." But if he may be taken in any case without severity, it is at least man. slaughter in him Jwho kills him, and you should enquire whether it were done of necessity or not. (Blshop, Criminal Law, 7th ed, sec. 6i9.)
 But the rule is otherwise as to arrests
  use the language of our learned Chief. Justice Mcclellan, An officer charged with the duty of arresting a misde- meanant has no more authority to shoot him down to prevent an escape. than he | would have the right to kill any indlf- ferent person who was casually walking 1 or running away from the place where | the officer happened to be- Uiandley | V. State, 96 Ala, 4s.) Thas has been the | law from beyond the time of Lord Chief | Justice Hale.
 Newspapers are Quoted. The following from The Journal if true, | tells a fearful tale:
 The men were shot down by deputy sheriff (of another county near Sprague Junction in Montgomery County, and, | although it is charged to have been a most outrageous attempt upon the lives | of two innocent men, no steps have been taken to arrest the deputy sheriff and | to bring out the facts relative to the l shooting. They uhe mem were passing l through the county en route to Texas, | and though citizens of another State | they are as much entitled to the pro- | lection of the law as though they were | natives of the State or citizens of Ala 1 bama The law makes no distinction. |"
 And this from The Advertiser will in | terest you:
 l Lawyer Hubbard, a negro, died in a | cell at the county jail at 5:3O o'clock | yesterday afternoon. The negro died of
 wounds inflicted by a guard at the State Farm in Montgomery County Hubbard | was an escaped convict. and while try | ing to arrest him in West End. Saturday 1 afternoon, at 3:30 o'clock, the negro was | fatally wounded
 1 An officer has no more right to kill | unlawfully than has a private citizen. | And when a human life is taken, 1t is l the presumption that the act Is unlawful. | No matter what the circumstances are
 said to have been, you should thoroughly | investigate the same. and if it be not justifiable under the law. indict therefor. | Such lessons will make the rash become considerate, and the wickeu beware. | Accidental Killings. | I may also warn you not to be pre-
 vented from a careful investigation of homicides on the excuse of accident. A casual observer of defenses in criminal | courts for the last decade will have noted | the fact that the then frequent defense
 of insanity" has given place to the now | frequent defense of accident Look | to all these matters with wisdom and
 honesty. See if it really was an accident, or a fixed-up excuse by which the guilty
 may escape punishment
 An assault with intent to murder so far
 as the person making the assault is con- l cerned. only lacks the actual death of his victim to make his crime complete. If. | then, it is apparent that such an assault
 has been made call it by its name in your finding
 You will carefully consider any com
 piaint of rape, assault to rape seduction, 1 or abortion. The sanctity of home. the | good name of woman. the purity of
 society is involved in these issues. Such | an injury done to any woman, no matter | how humble her estate may be. Is an | insult to virtue; and the man guilty of | such an offense forfeits his place among
 his fellow men, and you should see that 1 he is branded with his crime by an in
 dictment therefor.
 As to Gambling. 1 The evil of gaming unfortunately con- l tinues, notwithstanding an enlightened | public sentiment is against 1t. It Is to YOU that the law-abiding citizen looks
 for it's suppression. In the investigation | of this evil. strike at it in all classes--the
 man of standing as well as the ignorant l crap-shooter. The former, by his ex- l ample. can do an hundredfold more harm l to the public morals. Because he hap | pens to be clever in society and profita- | bie in business relations Is no reason why | he should be excused and the unknown | negro indicted for shooting craps in ! some obscure alley. The "crap-shooter" | does his best to find a private place to | throw his dice. yet my experience is you will find him. But why 1t Is those who l call themselves of the gentlemanly class, ! gambling in some brilliantly lighted place, | fronting prominent streets. is SD hard to | find? Enforce the law with impartaAty | and be just.
 Sunday Violation. | In this connection. I call especial at | tention to violations of Sunday laws. have examined our Sunday statutes. and | find the ex ,eption to bc extended only to | druggists from tho class of merchants and shopkeepers "Remember the Sab | bath day vas spoken to us from the | thundors of Sinai. You must not forget | that tho great body of our citizenship
 wish the ono God-given day for rest and | worship and not to have fragrant exam l ples of violated law Haunted in their face
 to disturb them and poison the minds of | their children.
 Some of our criminal statutes I am re- quIred by statute to give you in special charge. which I now read. as ollows: l Sec. 2612 To inquire into violations of
 insurance laws
 Sec 5lO5. Trading in county claims is 1 forbidden of county officials.
 Sec. SIS. Hard labor sentences reported.
 Sec. 513O. The Reg ster in Chancery
 V.