Show AX AN incompatible VERDIC i ita verdict of acquittal I 1 ilea darld last evening in the case of E R ir ff mar 40 tin indicted for the murder 01 ol john H burton barton is the subject of at considerable comment and no small degree of feeling in the coal community there I 1 is good ground cpr this state 01 ol of public sentiment it was not to be reasonably expected that a verdict of guilty of 64 murder ader afi the first degree would be e rendered neither was it on an theother the other hand to be I 1 justly anticipated that the ahe defendant defendant after taking the life d of Is a fellow being in the manner ve 1 in w which hick he did would be VM pronounced innocent of any crime against the law the th granting santingo ran tingo of fk eb immunity aside frd ua the h fact f t of billa oilla in 1011 actual crime having 66 been 1 I 1 I 1 d I 1 tends to promote a ot abc kle 11 ness ess in regard to hums human it life the ep possession of which to is the t important right of the individual I 1 er 0 government one oneat of the cleme elements ats that appezato peato appes ap to be essential to make up a case of the highest degree of murder murde a motive for the crime appears to V be absent t the e person e on who committed t the e homicide ci being unacquainted with the deceased cease and ther therefore etore could not be imbued with ith malice aforethought that would lead him deliberately to take his bis life i neither was there a motive otga of gain iii resulting from the act but B ut the jury hadl had a wide ide range forth forr oh ir finding grading downward all the way from the highest crime of the homicide to lavol involuntary manslaughter lagh ter which involves a penalty of not more than imprisonment for one year in the county ty P lait it appears to us after a careful consideration of the evidence eviden cLi that the case casenas was one on of voluntary manslaughter the punishment for which is imprisonment id the penitentiary for not net more mor ethan than five years our reason for this view is that the involuntary element is eliminated by the tho and careless handling bantling of a firearm directed at the person of a fellow bei being coupled with threats that tf it he di did olt not doas do as he be directed he would fill him full of lead what places this thi li recklessness and cannee unnecessary essary manipulation of a deadly weapon beyond question is the fact that the killins killing took place in the presence of ef sev eral bystanders this aspect would remain unchanged even it ii it were admitted that the actual discharge of the weapon was accidental a matter involving a doubt doub which thIch should go in favor of the accused bacan we can only express a regret very generally felt fell at we the exculpatory ver la the case this feel lei Is amt incited by any desire to sine ply see punishment inflicted upon spon the accused but by the tact fact of our belief chatan important and cital ital law has been violated and should for the public lic safety be vindicated any I 1 action A that tends to cheapen the value that slioma be placed place dupon upon human bo man life and leans to the encouragement of acts of violence is rightfully subject to deprecation |