Evening journal., 1910-06-08

proper to ask, did the ordef sit in
Judgment upon, and condemn Russo
without a hearing?
II it was satisfied 90 have justice take
its course, and '1et the jury pass ON and
recommend such penalty as in their judg-
ment was applicable" why demand con
viction at all before hearing. and the
grade OF guilt was established? It is am
elementary and well settled principle Of
the criminal law. that every accused per-
SON Is presumed to be innocent. until his
guilt be proved to the satisfaction of the
jury beyond reasonable doubt This is
his protection and shield, whatever be his
condition in life-whcther hc have wealth
and influence behind him, or comes, as
did Russo, from the humblcst walks of
life. no doubt, tho principe of law. re-
ferred to- escaped the attention of those
who framed and circulated the resolution.
otherwise the demand would have been
Limited TO one for a speedy trial alone.
I'm commo nwith many others, 1 deplored
this tragedy and before learning all the
details. 1 was inclined to believe that fl
was homicide with absolutely nothing to
justify on excuse the person who had
committed it, When il became my duty
TO defend the accused, and had gathered
All the facts that were available for his
/ defense Cand not all the facts were abail
3 able by any moans, 2 became convinced
that while he deserced Punishment he
was not entitled to the death penalty.
am still of that opinion, without meaning
to reflect i'm any way upon the court or
jury who tried him. While many entertain
the same opinion, 1 appreciate that there
are others who do not. Pepole may hon
estly differ in their opinions and lose
nothing i'm self respect. or respect for one
another. / am sure that you arc honest
i'm your belief that Russo should be hanged
but L hope that YOU will credit me with
honesty and sincerity in an opposite be-
lief, No person should be sent to the scat
fold, merely to serve as AN object lessons
or warning to others, but only upon the
strongest and most convincing evidence OF
premeditation in committing the crime
with which he has been charged. Our
courts are open to administer Justice, ac-
cording to law, but it is the province of a
jury to decide the facts. Not infrequently
the same facts aree viewed differently by
different people and they are sometimes
resolved in favor Of person by reason
Of his standing and influence. and against
one who is ignorant and unknow because
Of such Unfortunate condition.
Unfortunately, 1 am not able L
agree with you about the practice o
throwing snowballs, and do not recall
that 1 ever INDUCED in such a prac.
II ont r.1.a q
own age. Ma practice that leads {,
such "a terrible result as occurred il
this case, should receive encourage
ment from right minded people. Whel
boys indulge in this sort of amuse
ment to the extent of attacking quie
and inoffensive people, it becomes
species of disorder that calls for ac
tive police interference. and boys o
this sort, (unelss surrounded by pro
per, corrective inhuences), do not or
dinarily make useful or desirable citi
zens.
Il is difficult for me to answer tn
question as to what ! would have don
if Russo had taken the life of one o
my own children. / am hardly in
position to give a competent opinion
upon this point. 1 believe, however
that two wrongs never make a right
and if / was in doubt that the slaye
of my child actually deserved the deaf
penalty, I would not insist that his lif
be forfeited. simply from a feeling O
passion or resentment 1t seems tina
this is at least the Christian view {
take on such matter.
In conclusion, 1 wish to express tn
hope that no such tragedy will occu
again in this community. but that
IN viii serve as a wholesome warning an
lesson to native and foreigners alik'
to refrain from doing any acts of
similar kind. The movement now unde
way for the education of the foreign
ers in our midst, deserves the suppoi
of aA public spirited citizens, an
should accomplish a great deal tOwar
| discouraging the habit of carryin
concealed deadly weapons If any for
egner is found carrying. such wea
pom. after receiving the advantages {
this education, ] am heartily i'm fave
of having him deported. While tn
| Is being done for the foreigner, how
ever it would not be amiss to CORE,
| some Of the disorderly practices in
dulged i'm by young men and boys O
the public streets of this city, an
If education for them is necessary
| correct existing abuses, it should
| given.
iii l am taking the same means of an
swering your letter that you took
| addressing me- 1 do not wish TO er
| gage in any further controversy, an
| | trust that 7 have made my positio
in this matter clear.
i Leonard r. Wales.
Ill Wilmington, June s, 1910.
II