John Kading

Tho Signal of Liberty at Ann Arbor, and the Michigan Expositor, at Adrián, cast severe, and, we think, unjust censure on the sentence passed by Judge Witherell, on John Kading, a colored man. who was tried at the late term of the District Court for the county of Washtenaw, on an indictment for burglary, housebreaking in the day time, and larceny. - :Ie was acquitted on the two first counts, simply because it was not proved, beyond a doubt, whether he broke in and stole the goods in the day or in the night time. - ie was convicted on the third count, and sentenced to five years imprisonment in he State Prison. Of the fact that he broke into the dwelling house, and stole he goods of a poor widow, there was no !oubt. The goods actually found tn his ossession were of little value, but the amount stolen was much larger, and was neverKading was arrested by Judge Thompon and another gentleman in the very act f committing another burglary a night f two after, in the village of Ann Arbor; ie was also tried for another burglary committed at Dixborough, in which case he jury did not agree, in consequence of uncertainty as to identity of property. When arrested, Kading had in his posession several large dirk knives evidenty to be used if detected in the commission of his crimes. Several other burglaries vere shortly after committed in Ann Arjor, but whether rightly chargeable to ïim or not, is of no consequence. He ïad justly merited the punishment he received. The law holds thedwelling house of the citizen peculiarly sacred, and the felonious invasión of it is made punishable y the law with a heavy penalty; and in ome counties, and in some of the States, burglary is punishfcd with death; breaking nto and stealing from a dwelling house at any time, is not far removed from it. The editors of the Signal and Exposior, were evidently misinformed as to the facts in Kading's case. There are now many white, as well as colorea men in the State Prison under sentence for as long a term as Kading is, for the stealing of a far less amount of property. The degree of guilt does not depend upon the circumstances under which it was taken. If a starving wretch steals a little food br himself and his children, something may be said in mitigation of the punishment; but what can be said in favor of a ïealthy, robust man, no matter whator, without a dependant family, who traverses the country with no other view than to rob and plunder whenever there is an opportunity, who, at the hourof night, breaks into the dwelling of the unprotected widow, armed with dirks, robs her of what they can carry away, and wantonly scatters the remainder'? Yet this was substantially John Kading's case! When the dwellingof thecitizenis not safe from the visitation of the midnight robber, is it right that aggression shouldbe invitec by misplaced lenity to the guilty. Mercy to the guilty, is cruelty to the innocent. The allegation that the color of an offender mak es a dtfFerence in the punishment, is equally unfounded. White men are generally punished with full as much severity, i f not more, than coloree men; for they have generally better ed ucation and better know the law and their duty to society.In this city there are large nuuibers of colored people, who, by their good conduct have merited and obtained the respect and good will of all our citizens. - In former years, several blacks have been sentenced by our courts to the State Prison, - but probably not more in proportion to their numbers than white men. At the late term of the District Court, out of thirty or torty new indictments,but one was against a colored man, and he is a resident of Canada but crossed the river to plunder, was caughtin the act, and has been convicted of the offence and properly punished. It is but justice to Judge Witherell to say, that those who have been observers of his judicial conduct, and know the circumstances under which he has passed sentence upon crimináis convicted in hiscourf, admire the wise discretion he has cxhibited in graduating punishment to the several degrees of crime. We hope the papers alluded to will do justice to Judge W. by giving their readers the facts of Kading's case which we have stated. - Free Press. We insertthe precedingat length, that our readers may have both sides. As we do not wish to have any controversy on the subject, we will dismiss it as briefly as possible. We supposed this colored man was sentenced to imprisonment at hard labor five years for steallng the value of fiity cents. This we thought very seve.re, and disproportioned to the punishment of other crimes, and in saying this we merely expressed the sentiment in this community. We could account for the severity of the sentence only by supposing that the culprit is to suffer two years for his crime, and three more for his color. But it appears that the Judge, or someone in his behalf, has given another explanation in the Free Press, which removes the necessity of our supposition.We admit that this colored man had in bis possession stolen property of the value of fifty cents, and that he wasan able aodied man, and therefore did not steal from necessity. But it would seem from the preceding explanation, he was punshed forseveral other crimes, which were all included in this sentence.1. It is said he broke into a dwelling ïouse. This break ing in was not proved. 3e was indicted for it, but toas acquüted hy tie jury. He was never seen in the ïouse, or known to enter or leave it. - Yet it seems this crime, of which the jury acquitted him, was reckoned inhissenence, and had something to do with his erm of imprisonment. 2. It is said the amount of goods stolen rom this house by somebody was much arger, and as fifty cents worth of them vere found on him, he was sentenced for tealing all the rest. This is implied in he apology above made. Is this law, or ustice? 3. It is said that Kading was arrested y Judge Thompson in the very act of committing burglary. We are assured his is a mistake. He was arrested on uspicion, while standing or walking in he street. So it seems he was sentenced 'or this.4. It is said he was tried for a burglary n Dixboro, and acquüted by the jury: y et his crime also was taken into account in his sentence. 5. The next additional crime is that he lad several large dirk knives in his posession when arrested. But it does not appear that he used these knives, that he attempted to use them, or threatened to use them. Consequently he must have een punished for having them in possessionl We would enquire if it is criminal br a freeman to carry as many knives as ie pleases? 6. His sixth additional crime was, that 'several other burglaries were committed m Ann Arbor shortly after." Most admirable! Why not say that several more wero committed in Pontiac and Detroit about the same time, and punish him for all1? Butthe writersays, "whether rightly chargeable to him is of no consequence." [f so, why mention them in extenuation of his sentence, except to carry the impression that he was guilty of them? But the writer assures us that"There are now many white, as well as colorea men ia the State Prison under sentence for as long a term as Kading is; for the stecding of a far less amount of proper ty." So far as our State Prison is concerned, we qustion the truth of this statement. We do not believe a man can be found there who is sentenced five years for stealing "far less" than the sum of fifty cents. If it be said that he was sentenced for stealing other proper ty besides that for which the indictment was preferred,& for which he was tried, we ask by what authority was this done? We are no lawyers, but we supposed that it was a fundamental principie in lawthat no man can be rightfully punished for crime until triec and convicted of it bydue course oflaw. Perhaps we were mistaken. In this case, from the explanation heregiven, itseems the prisoner was convicted of one offence by the jury, and sentenced for some half a dozen more by the judge. The breaking into the house is especially dwelt uponas constituting a portion of his crime, while he was tried for this very act, and acquitíed by the jury, because the alledged fact was not proved! It still appears to us a singular method of dispensing justice. The statement respecting the paucity of crimináis among the colored population is highly to their credit, and is worthy of the attentionof those who hate and despise them.flFrom one third to one huif of the Naliona] Revenue is now laid out on the Navy. The Secretary reports sundry vesela tliat are constructing on new principies- the old ones made over, and the folio wing new ones on the stocks: the Vermont and Virginia, 90 guns each, at Boston; the Alabama, 90 guns, at Portsmouth, New Hampshire: the New York, 90 guns, at Norfolk; the Santa frigate, 52 guns, nt Portsmouth, New Hampshire, and the frigate Sabine, 52 guns, at New York.