The Silenced Warning

A bitter family feud culminated when several armed brothers set out on horseback to overtake and kill a man who had wronged their family. A relative of the intended victim sent a telegram to warn him that armed men were in pursuit. The Defendant, a county judge allied with the pursuers, learned of the warning. He went to the telegraph office and wired the operator at the victim's destination not to deliver it: "Do not let the party warned get away. Say nothing." The operator suppressed the warning; the victim, never alerted, was overtaken and shot dead. The Defendant fired no shot and was miles away. The Prosecution charged him as an aider and abettor, arguing his interference deprived the victim of a chance to escape. The Defense argued the victim might well have been killed even with the warning, so the Defendant's act made no proven difference.