Year: 1876




who has demanded or is now demanding
SU1LvAS's blood as an expiation of his crime
in killing FRANCIS HANFoRD. There is nc
mob going around demanding that he shall
be hanged. Released on bnil, he re-
tired to his home entirely un1nolested,- -
more quietly indeed than BERRY, the juror,
was permitted to 60. The deep-seated H.
dignation Of the community proceeds from
the circumstance that one Of our regular
Judges should so conduct the case as to teach
all evil-n1inded persons that they may carry
concealed weapons, assault unarmed men,
and even hn them without danger Of the
consequences. THERE'S not rufdan, thief,
a prize-hghter, bully, gambler, a loafer,
or passionate man in all Chicago who does
not to-day feel freer to take resort to
his revolver than he did before
this trial. There is not q business
man, or householder, or quiet, peaceable,
law abiding, and inofensive citizen who does
not feel less secure in personal safety. and
there is not true-minded woman who has o
father, or husband, or brother, or sweet
heart, or son, who does not feel that the lifa
Of him who is dear to her is in peril from the
conduct of the very tribunal which ought to
provide protection. This is the side of the
case on which Judge McALLErER seems
never to have bestowed single thought


We have in mind now especially the two in
structions given to the jury to the effect that
citizen has right to carry about his per-
son loaded pistol for lawful purpose ";
and, further. that if the jury believed 's the
circumstance of his having pistol with him
was solely owing to the practice and habit Of
carrying it, then the jury should dismiss
from the case the idea Of previous malice. :"
These two points are to be considered
together, for that was the way in
which Judge AIcALL1srER impressed
them upon the jury: ~ There is
statute making the habitual carrying Of
concealed weapons an indictable oGense-
This is what SULLIVAN did, and no distortion
of the facts can mike it apparent that he had
his pistol for lawful purpose. He had not
procured it and put it in his pocket to de-
fend himself against an attack specifically
threatened He was not engaged in IN
ayocation that justified any apprehension Of
attack He had been, for nearly two years
We believe, a clerk Of the Board Of Public
Works, and his duties required him to pass q
few hours every day in an office which he
left long before sundown, SO that he was not
called out at nights nor into dangerous
places. The practice of carrying heavy
piece of iron and steel in the pocket never
becomes so habitual that this Inconvenience
is taken without some purpose. SU111vANs
purpose was not d lawful one, because he
was in no danger of attack either specifically
or generally; oil the proof which he intro
duced On tins point was to the effect that he
carried tho revolver for number Of years
habitually, which is in violation of law. And
yet Judge McA111srEn's instruction on this
point was calculated and designed to impress
the jury with the.be1ief that Su111vAN's car
rying of The weapon was lawful act
(2) Not content with thus officially approving
the practice of carrying a concealed weapon,
which is in violation of law and one OF the
greatest of all menaces to public safety,
Judge McA111s7ER further instructed, Of
his own motion," that this practice was
prima .facie evidence Of the absence of all
malice. ssYou must dismiss from the case
the idea Of previous malice, he said to the
jury, ssif tbs circumstance OF his having
pistol With him was solely owing to the prac-
tice and habit of carrying it. In effect, these
two instructions in this particular case
meant that one unlawful act should not
merely be regarded as lawful, but also that
it should serve as an e1tenuation Of subse-
quent unlawful act which resulted in the
taking of human life.


1t is not too much to say that there was
never moro oernicious doctrine than this
delivered from the Bench. It is put forth Ii
a city of nearly half million inhabitants,
which is beset with full quota of roughs
and villains, and has thousands of frivolous,
and euarrelsome young men who
violate the law against carrying concealed
weapons. When these classes are informed
from the Bench that it is 1awful for a man in