APPENDIX. 557 



tinction of using weapons to assault and with criminal intention, and 

 their accidental use in defence, or from provocation. 



It appears to be very clear that you were of opinion that he did 

 not carry them, had not brought them, or was guilty of a breach of 

 the first part of the law, viz., carrying unlawful weapons, for you 

 sentenced another who made the first attack upon him ; and equally 

 clear that he did not inflict any wound until he was assaulted by 

 several, and in self-defence, and had received great provocation to use 

 the weapon he had taken from the man who attacked him. This 

 might have occurred to any one walking peaceably in the street, 

 and yet you adjudge him guilty of the worst motives, in having 

 in his possession the weapon, and order him to receive, after a very 

 informal hearing, the severest penalty of the law ; and that too, after 

 his trial had been demanded by jury, and you had been understood to 

 grant the request. Is this right ? I think not. Under these cir- 

 cumstances I felt it my duty to interpose, and protect him from a 

 farther infliction of lashes, which you now inform me is remitted ; 

 but that his fine is still to be paid. 



In demanding the man, I would have you distinctly to understand, 

 that it is not my desire to screen him from proper or legal punish- 

 ment, provided he is found guilty of an offence by a tribunal invested 

 with power to try the case ; but I object to any informal proceedings, 

 particularly where an ignominious and severe punishment is to be 

 inflicted. 



The case, as I now view it, stands thus : the man has received 

 twenty-eight lashes by your authority, and is required to pay fifty 

 dollars, withoirt being allowed a proper trial, or such as he was justly 

 entitled to, and was claimed for him, and at which testimony would 

 have been brought to show that he was, prior to, and at the time of 

 entering the premises, peaceably inclined, with no weapons on him ; 

 when he was assaulted by one carrying unlawful weapons, and 

 resents it; unfortunately proves the most powerful, and gets pos- 

 session of the weapon ; is attacked by others, whom he defends him- 

 self against, and is then taken and punished, without an opportunity 

 of bringing proof of his good character, which there are many to 

 vouch for ; and suffers part of a punishment that would be inflicted 

 on an assassin. 



The punishment already inflicted prevents me from soliciting a 

 new trial ; but I do, and must claim that a further hearing be had, in 

 the same informal manner, to examine if his intentions were criminal, 



VOL. V. 140 



