The Montgomery advertiser., 1904-02-02

Caedpen human life. The law or ou
 state says retreat is no cowardIy doctrine
 70. Ala. D. and if this rule be actually observed. and not proven in court alone
 oy way of defense. the rate of homicide
 "uId be much reduced
 T.. therefore, urge that you honestly in
 seslgate such offenscs presented, anu
 oase your findings alone upon the evi
 oence. regardless of what any former
 sraho jury has failed or refused to do
 regardless of the findings of any coron' CTS inquest or, of the opinion of commit uhg magistrates: and without regard te
 the color or standing Of his unfortunate
 victim. Let 1t ring in your ears and burn nito your hearts that tho blood of the slain cries out to you that the crime be | avenged.
 |. Ihe Killing of some person of standing uniawfui, is no greater crime than "ouid be the unlawful killing of some IDIOT, unknown person. The sensation creased may be different, but the crime 10 Eod and man the same. And until wc So come to value and regard the sacred Iisht 10 human life cur public opinion is ae iauit and just appreciation of rev erence for life Is lacking Remember, lheh' that it is as great a crime for one man 10 XII, not in self-defcnse as an other; and that 1t is also as great crime TOT one man to bo unlawfully killed as ahotner. You will not deal honestly with yourselves and with your fellowmen if you do not so regard it in your findings. Let the murderer be indicted according 10 the law and the evidence. whether he be white or black.
 may also warn you not to be pre- vented from a careful investig ation of homicides on the excuse of accident X casual observer of defenses in criminal courts for the last decade will have noted tne fact that the then frequent defense of
 insanity" has given place to tho new frequent defense of "acciaent." Look to these matters with wisdom and hon. esty: See If it really was an accident, or "hxed-up' excuse by which the guilty
 may escape punishment
 Assault with intent to murder. So far as the person making the assault is con cerned, only lacks the actual death of his victim to make his crime complete You will carefully consider any com- plaint of rape, assault to rape, seduction or abortion. Such Injury done to any wo- man, however humble in life her place may be-, is an insult to virtue. and the man guilty of such an offense forfeits his place amongst his fellow men. Gaming Evil Continues. The evil of gaming continues. notwith- standing an enlightened public sentiment l against it. It is to you that the law. abiding citizen looks for its suppression h tho Investigation of this evil, strike ct it in all classes-thc man of standing as well as the ignorant crap-shooter. The former, by his example, can do an hun dredfola mere harm to public morals. Be cause he happens to be clever in society and profitable in business relations is nc 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 is 1t those who call them- selves of the gentlemanly class. gam bling in some brilliantly lighted place fronting prominent streets are so hard to Hhd? Enforce the law with impartial ity, and be just.
 Sunday Violations.
 'In this connection, I call especial at tentlon to violations of Sunday laws. Elk amining our Sunday statutes, I find the exception to be extended only to drug gists from the class of merchants and shopkeepers. You must not forget that the great body of our citizenship wish the one God-given day for rest and worship. and not to have fragrant examples of violated law Haunted in their face to dis turb them and posion the minds of their children.
 Here I call attention to a recent statute providing that upon second con viction for keeping open barroom or sale of liquors on Sunday. such party shall be denied the right to again conduct such business for period of two years there after. l, then, urge you to indict all who keep open house. or mako such sales on Sunday. that you may give force and vigor to the statute. It is not right to compel all other business to close and not enforce the law as to the sale of liquor on Sunday, as required by this recent act. (Acts 19O3, D. 6f.)
 II think you will all agree with me when l say it is as much a crime for one man to embezzle from his firm or house CT bank as another, and no more req son why one should be brought to justice than another. What you should do is to re- port to this jury for examination any and all cases of the kind coming to your knowledge aud find indictments if the cvi- dence will warrant. and not pass such matters over without bringing the wit nesses before you because defalcationa may have been made good.
 "If you would stop embczzlement, find indictments against all who embezzle and the offense will In the future be less ire quSpt. It is a sad commentary on our honesty if We make examples of one man or set of men and excuse others"
 Judge Thomas then dwelt upon statutSs which he is required by law to ment&m especially including violations of insur- ance laws, prohibiting county officials from trading in county claims, for report of all hard labor sentences, prohibiting registers in chancery from practising law, directing tax assessors to swear tax pay CTS forbidding trespass on public lands and offenscs against adulterated food acts. He also called attention to tho act regulating automobiles.
 Carrying Weapons.
 Touching upon the habit of carrying concealed weapons Judge Thomas said:
 'I am also required to charge on the evil habit of carrying concealed weapons The pistol carrying habit is d disgrace to our State. It began among the whites, and has now been too generally adopted by the negroes And any trial judge has been struck with the fact that within the last few years the calibre of all pistols offered in evidence are the larger sizes. showing the intent to do deadly execution. We shoUd put a stop to it. The law-abiding citizen will not carry the