The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1907-04-27
4 Bad Precedent

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4 Bad Precedent
The finding of the grand jury IN the
Favrot case, when viewed from the
standpoint Of economy or policy, is
not amiss, but when one realizes the
lengths to which the pursuit of such a
policy might lead our inQuisitorial
bodies, and to what extent justice may
be defeated by such proceedings, the
finding seems to set bad precedent.
1t Is all very we'll to say that this iu-
dicial farce Is made necessary by the
fact that the defense is placed under
the ''unwritten law" but as a matter
of fact is the mere pleading OF the un-
written law sufficient to silence inquiry
as to whether or not given homicide
Is justified under just and sensible
Interpretation of the law SO cited?
The nnwritten law is fundamentally
based on RIGHT, right living and right
conduct, and its operation should,
therefore, be always rlgnt.
In the south, feminine purity is pre-
sumed; it Is the premise from which
flows all the logic OF our social inter-
course, just as the purity and sanctity
of every home is taken for granted.
But we are quick to fix the brand OF
shame on a woman, the slightest whis-
per being sometimes sufficient to shat
ter womsn's reputation, and an idle
word, born of malice or misjudgment,
sufficient cause to cast q cloud upon
her name which only death can re-
move.
Approaching chat this Is true, south
ern gentlemen decreed long ago that
he who slew q woman's reputation by
means of falsehood and SANDER or
who dishonors and destroys home,
should die This decree was not writ
ten in any law books. but il is more
firmly fixed in the mind OF the average
man than any of the authentic legisla-
tive acts because it is written on the
heart OF every human who loves per-
sonaI purity and who shares the In
stinct of the strong TO protect the weak.
The unwritten Law Is right and its
operation Is just when properly APP
piled, but when the law is prostituted
to cover all wrongs OF which bad wo-
men are guilty IT BECOMES WRONG
and Its operation becomes a fostering
sore in the side of society.
In order that a sentence of death
should lie under the provisions of this
Law it Is necessary that the accused be
convicted of having uttered false
hood calculated to destroy good wo-
mans reputation, or that he be con-
victed OF having polluted the purity of
q home. Unless one OF these charges
is substsntiated by the facts In the
case, the sentence of death imposed un-
der the broad provisions of the un-
written law is MURDER and the exeeu-
toner an ordinary assassin.
This being so, 1t follows that the
truth or falsity OF the remarks com.
planned OF should be the test applied
TO determine whether or not the slain
deserved death. Proof that one has
unssvory rumors, while in
of lack of wisdom, is cer-
tainly no justification for homicides
because the habit OF repeating unpleas-
ant gossip is found more frequently in
a fool than in villain, and thecourts
and their officers should ascertain by
means of an open inquiry whether a
defense is properly placed under the
law as correctly interpreted,
and such inquiry should be had in
court in order nat the deceased's FAM
lily might have an opportunity to clear
their name of stain.
Sitting within the shadow OF most
solemn oath to perform its duty with
out fear or favor, without hope for re-
ward or apprehension of punishment,
4 grand jury should refuse to play
policy or praeticeeconomics. Itshould
return all doubtful cases for trial Ia
open court.-DeSoto Progress.