The Republican. [volume] (Oakland, Md.) 1877-current, 1907-07-25
THE WRITTEN AND
UNWRITTEN' LAW
Intelligent Criticism of Its Recent
Application.
THE LAW OF ILLEGAL SHOOTING
Legislation Upon the Subject Sug-
gested-A Strong Condemnation
OF What is Beginning to be Ac-
cepted as Unwritten Law.

AHS uulIlSu dCq ullldl Ol MARY
E. Bowie for shooting to death HUI
bert Posey, by jury of Charles
countyIinvention called upon what
is of late invention called nuwrit-
ten law, is an addition to the
harmful and odious list. This
dangerous verdict comes quite soon
after similar ones in Virginia for
like homicides. All these verdicts
are condemned by right thinking
people. The Thaw case was some
what similar, but there was also
dim plea Of insanity in it. But no
verdict by the jury. Another trial
coming.
How can there be such a thing
as unwritten law in the face of or
in lien of our laws whSh are in
the form of written statutes, the
old common law and decisions of
our higher courts? To give play
to the myth called unwritten law
would be nothing short of an ig-
noring of the living laws of the
land. Many centuries ago there
was such thing known as all un-
written law, but when civilization
came it was dropped, for written
or printed laws for Our guidance
and government.
The fact was Mary Z. Bowie de-
liberately and openly shot and kill
ed Herbert Posey when her own
life and safety were not endanger-
ed by her victim. True she had
been deeply wronged in her feel
ings, but this was no justification
for her ofense. She had adequate
remedies for her wrongs under the
plain written laws of Maryland,
but nothing therein to authorize
her to be her own avenger, tho
she was wronged woman The
written laws are for the safety and
protection of innocent persons.
The unwriten law is a violater of
the living paramount law
Now let us see what the law of
Maryland is in regaid to illegal
shooting. The act Of Assembly of
1858, Chapter %, and Act p,
Section I89 of our Code, provide;
eff any person shall unlawfully
shoot at any person or shall mali
ciously attempt to discharge any
kind ofloaded arms at any person,
every such offender and every per-
son, and every person counseling,
aiding or abetting such offender
shall, up on conviction thereof, be
punished by confinement in the
penitentiary for period not less
than eighteen months, and more
than ten years.
Now who, be he lawyer or lay
man, can say, that the shooting
of Herbert Posey was not illegal?
There can be no such thing as
legal shooting a human being.
The shooting in this case 10 mat
ter what the feelings or provoca-
ton were, was clearly violation
of this written statue Of ours, now
a half century old. But strange
to say this plain and well intended
statutes has been resorted to but
once according to recollection in
in Western Maryland, probably
through over sight. In that case
an impulsive man fired a shot gun
and few shot struck the hand of
young man with only slight IN
jury. The offender was without
hesitency found guilty by jury
and sentenced to the penitentiary
for a term of years. Bnt after
thorough repentance and loss Of
health he was very properly par
doned by Governor Carroll. This
was a touching case at least to one.
1t is true the Constitution Of
Maryland of 1867 by Art. IS, Sec.
S, provides: "In the trial of all
criminal cases, the jury shall be
the judges of the law as well as Of
fact" But this provision does
not authorize the jury to ignore
the positive law of the State, now
bearing the MISSIONER of unwrit-
ten law. This ought to be plain
and clear to even ordinary minds.