The Republican journal., 1905-10-19

-TICE TEMPERED WITH MERCY.
.ase of State against Jesse f. Staples
-JUit and battery committed upon the
elgene 5. PhilbrOOk came up Tor SELL
,5St Thursday afternoon in the SUI
judicial Court at Belfast The facts
case were widely known at the time
is not probable that they have been
Ten. 1t will be remembered that in
u1er last Mi Philbr0ok, pastor of the
st church in that city, was going down
street towards the railroad station
hat as he was passing the dive kept
-~se +. Staples, Staples who was stand
The door, aSsaled him with torrent
by abuse, such as would never be per-
/ to pass the lips of any but the viest
most depraved of mankind. Mr.. Phil
passed along, not deigning to take
office Of this, and when be had got
Al rods away Staples ran up behind
struck him on the back of the head,
ng him down, Mr.. Philbrook fell
he gutter and there Staples struck
-veral times and tried to kick him.
hilbrook broke away from him and
ut Staples overlook him and knocked
own again, and again tried to pound
.ck him, but Mr.. Philbrook broke
4 second time and when Staples next
ak HIM MessrS. Augustus Clark and
Nash interfered and compelled him to
During all this time the air was
with the foul and pr0fane language to
staples gave utterance.
was sentenced to sixty days in jail.
sentence gave rise to very general
lSiactIOn. The attack was con-
BE outrage and it was felt by many
lasts best citizens to be a disgrace to
IS that clergyman should be brutal
dulted upon its public streets in broad
hit and for no other cause than that
. exercised, not only the right and the
re, but the duty of an American citi-
nd sought by his personal efforts to
ON of the criminal law of his State.
rntiment was, therefore, very strong
an example should be made of this
to the end that not only he, but all
in like situations might be taught
Tor all that they are not to be per-
Il to resort to violence and intimida-
for the purpose of protecting them
: in the pursuit of their criminal occu-
49, The sentence imposed is regarded
trely inadequate and consequently, as
stated, has given rise to much dis
ntment. 1t must not be understood,
yer, that there is any disposition on
art OF the people to censure Judge
Ahouse for not making the sentence
severe. His integrity and sincerity
lfpose are recognized and fully appre-
it, The feeling is rather that his sym
tic nature and reluctance to intlict
nal suffering led him to err, somewhat
pusly it may be, on the side OF
cy.
ice tempered with mercy is beautiful
tlment and commendable in practice,
.rat care is to be exercised in the com
Ing, lest too liberal infusion OF
neutraliZe the element of justice and
" its effect. While it is important
he conviction of criminals should be
certain, it is no less important that
criminally inclined should be made
I'd conviction. 1t is indeed true as
marked by Judge Whitehouse in i'm
sentence in another case. that the
I,e of the law is not to intiict personal
Eg. Its aim is not to avenge crime,
prevent it. This end can be attained
Trough the intliction of personal suf-
g, either physical, or mental or both.
are the means which the law has EN-
II from time immemorial, which it
If necessity employ, and while, in the
alton of these means, courts should
be 0bliviOus to the dictates of mercy,
luld never be forgotten that justice to
'ublic takes precedence over mercy to
Iiminal.-W aterville Mail.