Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1907-06-29
ITS UP TO THE MAYOR
Whether or Not Red men Can use
Fire Arms.
GIVEN POWER BY COUNCIL
Question Of Allowing Firearms In the
Fourth of July Parade Causes
Discussion.

If reviewers are carried or fired by
the Red lden or by others on the
Fourth Of July, that the matter will be
brought to the attention of the grand
jury is the statement made by Prose
cutting Attorney Allen Noll.
In an interview Saturday be told a
World reporter that the action of the
city council in granting the permits
sion at a recent meeting was without
shadow of right. AS Mr.. Noil phras
ed 1t. mo man can give another man
permission to break the law
He points out that Judge Faulkner
has held that under the language Of
the law a man has no right TO carry a
revolver even to get 1t repaired. OF
course, if man were brought before
/ the grand jury for carrying a revolver
for that purpose the grand jury would
pass upon the case and 1t is likely
that the man would be excused. But
the duty of the prosecuting attorney
and the necessity of action by the
grand jury are plain. -.
4 Mr. NoIl nor the authorities will
/ take active action to suppress the car
rying Of reyolyers on the Fourth. But
in his capacity of prosecuting attor-
ney Mr.. Noll will bring the matter to
the attention of the grand jury. 1t Is
recognized that it would be an easy
matter If a brawI should arise for hot
heads to exchange blank cartridges
4 for bali. The results would be disas-
trous. 1t is pointed out that there are
many blacks in this section and that
/ the chances of a riot on such occa-
sions are good II is to avoid the
censure that would attach to the au-
/ thorities if the matter were allowed
to proceed without comment and any
thing untowsrd happened, that Mr..
Noll gives the public warning of his
/ intentions.
The authority upon which Prescott
ing Attorney Noll bases his intention
to call the attention of the grand jury
1 to the carrying OF revolvers in the
parade on the Fourth of July process
sion which will be given by the Red
Men in this city is from Section Z,
Chapter 14S of the Code of West vir-
ginia, and runs as follows;
"If person carry about his person
any revolver or other pistol, dirk,
bowie knife, razor, slung shot, billy,
metallic or other false knuckles, or
any other dangerous or deadly weap-
on of like character, he shall be guilty
of misdemeanor and fined not less
than twenty-five nor more than two
hundred dollars, and may, at the dis
erection of the court, be confined in
jail not less than one nor more than
twelve months; and If any person
shall sell or furnish any such weapon
as is hereinbefore mentioned to a per-
son whom he knew, or has reason.
from his appearance or otherwise, to
believe to be under the age of twenty
one years, he shall be punished as
hereinbefore provided; but nothing
| herein contained shall be so con-
strued as to prevent any person from
danger Of death or great bodily harm
keeping or carrying about his dwell
ing house or premises, any such re-
volyer or any pistol or from carrying
the same from the place of purchase
to his dwelling house, or from his
dwelling house to any place wnere re-
pairing is done, to have it repaired.
and back again. And if upon the trial
of an indictment for carrying any
such pistol. dirk, razor or bowie
knife the defendant shall prove
to the satisfaction of the jury that ne
is a quiet and peaceable citizen, OF
good character and standing in the
community in which he lives, and at
the time lie was found with such pis-
tol dirk, razor or bowie knife. as
charged in the indictment. he had
good cause to believe that he was la
danger of death or great bodily harm
al the hands OF another person. and
that he was in good faith, carrying
such weapon for selfdefense and for.
no other purpose the jury shall find
him not guilty. But nothing In this
section contained shall be 50 con
strued as to prevent any officer charg
ed with the execution OF the laws Of
the state, from carrying a revolver or
other pistol, dirk or bowie knife"