Evening journal., 1914-07-30
JAIL Sentence
FOR Gun Carrier
Judge Churchman Rules
Against Mitigating Cir
cumStance Plea
TROUBLE GROWS OUT
OF LEATHER STRIKE

FRANK DAVIS, VINO was before City
Court yesterday on a charge of car
rying deadly weapon was sentenced
by Judge Churehman today to pay a
fine of 500 and be imprisoned for six
months. On Tuesday evening Davis
was caught with a loaded revolver in
his possession. He had been at the
plant Of the New Castle Leather Com
pany, where a strike is in progress
and was followed TO Tenth and Mar
ket streets where officer Devinish
found him with the weapon. He said
he carried the weapon to protect him
self against threat while the morocco
strike Is on. In passing sentence
today Judge Churchman said
THE defendant pleads guilty to the
charge and urges in mitigation or
the sentence that he had been threat
ened and he had good reason to fear
an attack
State.
In State VS.. Costen Il Penn. f9l
Grubb, }. in charging the jury said
The act Of assembly under which
this Indictment Is found reads as fol.
lows
THAT If any person shall carry
concealed a deadly woapOn upon or
about his person other than an ordi-
nary pocket knife he shall then upon
conviction receive punishment as pro
Yided by law
This court has held that where a
jury IS satisfied, beyond a reasonable
doubt, from the facts before them that
the accused has upon or about his
person a deadly weapon. other than
an ordinary pocket knife put there
Dy MIN out Of view, he Is prima facie
guilty under the law of carrying con
ceaied deadly weapon upon or about
his person
But we have also held and in
structed iuries that although tie ac-
cused IS to be presumed guilty from
the mere fact Of having upon his per-
son deadly weapon out OF sight. vet
tlat ne may nevertheless show the
Jury that he has put that weapon
lhefe and carried il there for a law
ful purpose. So that, although Won
may find that he had deadly weapon
upon his person out Of sight Won
should not find him guilty If Won arc
satisfied that he had II there for .
lawful purpose. II you are salts
hed, however, that he had Ii there out
of sight upon his person and not for
a lawful purpose. then il would be
your duty TO find him guilty.
We may as well explain to Won
tnat this act was passed In 1881. that
prior TO and up 10 that time the
carrying Of concealed deadly weapons
at gatherings Of various kinds, and
upon other occasions, had become a
menace 70 the public peace and a
peril to the public safety. II had
reached such state as 70 call for
legislation on the ground Of public
policy and for public protection
therefore this new law was passed
70 prevent this habit, which had be-
come dangerous one to the public.
Ihe law provides that no one shall
carry concealed about his person
deadly weapon, because the tempta-
ton and tendency to use il under ex-
citement upon the said various ocea-
sions We're 50 great that sucn tempta-
uon and tendency had TO be removed
as far as possible.
We have attempted to carry out
this law in the spirit in which il was
enacted ana TOT the wise public pur-
pose for which it was designed.
Therefore. We have given the con-
struction which ] have stated TO YOU.
In State vs.. iannucci CIV Penn. 1881
Pennewill, J. after quoting the fore
going from the Costen case. saws:
We think it is proper to say to YOU
that by the use Of the words lawful
purpose in the ease above referred To.
the court meant a lawful purpose that
was specific and, in sense temporary.
For example, if a person should buy a
deadly weapon at a store and put il in
his pocket for the purpose OF taking il
homes or il a person should find dead
~ weapon and place It in his pocket for
the purpose Of keeping it only till he
could restore il to the owner or make
some other proper disposition Of il. such
person would not be carrying deadly
weapon concealed within the meaning
of said act. And to further illustrate.
4 person take such weapon from
drunken man, or a man laboring under
great excitement and in dangerous
condition, and paces il in his pocket for
the purpose Of keeping il till the person