Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1907-07-05

body and when arrested could have
one of his woman relatives to swear
that she told him that she had been
grossly insulted or wronged by the
Judge 1t would make no difference
that Judge Barksdale's whole life and
character contradicted the possibility
of his committing such an offense.
His friends might have evidence at
hand TO show that he was a thousand
miles away when the alleged wrong
was done. They would not be allow
ed to offer the evidence. The case
would go to the jury as that of an
injured relative protecting the honor
and avenging the wrongs of woman
of his family. There would be no pos
sibility of vindications for the dead
man. He would lie in his grave with
the records standing against his name
convicting him Of an act which his
own character and the conditions alike
made impossible.
We have no word of censure for
Judge Barksdale. Criticism of man
i of his position, standing and attain
ments by a layman would be, unbe-
coming in almost any case. We have
| no doubt that he acted conScientiously
and with clear understanding and that
what he declared to be the law is the
law. We do not know that the jury is
| to be blamed. 1t must be recollected
that a jury must act on the evidence
presented in court and so far as this
| jury knew, here was father whose
daughter had been induced to drink,
drugged to insenSibility and mistreat-
ed. OF course under the law as writ
ten even these circumstances did not
Justify the deliberate killing of
man supposed to have been guilty. In
| Virginia, I.gTever, we always have re-
garded for what is known as the "un-
written law" applying to such cases.
Even with that we should think the jury
would have hesitated long before ac-
quitting a man who kills another with
deadly deliberation but does not take
the time or pains to be sure OF his
facts.
The practical, concrete fact of the
present is that with the law as 1t
stands life is unsafe, the law against
murder is almost nullified and the
state Is in the ignominious position of
being unable to protect her own cit
izens The practical thing to do Is to
correct the law at the earliest possible
moment The newspapers and the
leaders of thought and action In the
state should direct public attention to
| the subject and arouse sentiment so
that the very day the Legislature meets
measures will be introduced which
VIII make recurrence OF coHullioiiS
like those of the Loving case impossi-
BILE. This will not only provide safe
guards for the future but will express,
in one way possible, the feeling and
opinion of the people on tie result OF
this trial.
Some time ago we urged that the
"unwritten law" should be written on
the statutes with the conditions which
shall justify an appeal to it clearly set
forth. Many conservative and thought
full people in the state regard this as
radical and dangerous proposition.
However that may be, certainly we
should have some provision which will
make the taking of a human life In
any circumstances rather more of
serious matter than the shooting
of a vagrant dog. Our statutes
should require that a man who
undertakes the responsibility of TAX
ing human life shall. at least, be
abundantly sure of his provocation and
know beyond doubt that wrong has
been done him or his family and that
reparation is refused or impossible.