New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-06-08
FROM BOSTON.
FIcpl on Owu CoUesPordert.


Boston, June ;, 1858.
The new statute relating to the crime of murder
msy be regarded as successful One thus far, If the
certainty of minor punishment furnishes greater
guaranty of safety TO the community than very
poor chance of the rhction of the highest penalty
Mrs Gardner, Indicted for the murder OF her nus
band at Hipphsm and Francis and Miriam Heath,
for the murder of their father at Dracut, have been
convicted of murder IN the second degree, and will
be sentenced to imprisonment for life. 1t is quite
certain that Mrs. Gardner could not have been con-
ycted under the old law, which made discrimi-
nation between the degrees of murder, and al
'ocether probable that there would also have been
failure in the case of the Heah. But even if these
three criminals lad been convicted aud sentenced
to death, they would not have been hanged, for the
public opinion of the State will not tolerate more
than an occasional execution If half the murderers
IN any one year should be made TO suffer DEATH the
people would abolish capital punishment at the very
first opportunity afterward. | think that cOnvic-
tons for murder in the first degree will hereafter
be extremely rare, and that the gallows will gradu
ally 20 out Of fashion.
Tie statute under which Mrs. Gardner and the
Heahs were convicted was spok IN of by The Con-
ritr the other day as loosely or clumsuy drawn.
ItGudps IL II. II was Iltpdltu hiic'h VI
twenty Years ago by commission consisting Of
James c. Alyord Samuel B. WOlcOtt and another
em1cnt lawyer, whose name have forgotten. |
believe Mr.. AlvOrd is responsible for IT, He and
Mr.. WclcOtt are both dead, and cannot be dis
turbed by criticism: but the Hon. Caleb Gushing,
who adopted their work and reported it to the last
House Of Representatives, may perhaps ieel some
what hurt. | also learn that the Judges OF the Su-
rreme Court or some of them, saw 1t beiOrs it was
. ,., atal No OLE 4tfuuIu
its principal sections, but recommended an addI-
tona one concerning the forms If Indictment.
The law as il stands may, thesetOre, be considered
to have had the benefit of very respectable work
mausbp and examination. ! don't know that 1t
could have had any better, unless it had been sub
United to Flmore's Dlstrct-AttOrney.
Anniversary week. with its religious and phlan-
thropic meetings, It's pleasant festivals, aGd Its
turbulent Anti Slavery conventions has passed by.
| gave you an account of the most important meet
iDg viz: that of the Tract Society. Its result was
favorable than ought to have been expected, and
proves to be generally agreeable The people. Two
classes Ouly are dissatiefea-the HuiIkers and the
extreme Anti Slavery men. The former OBJ
ject, because the Society went too far, and the
latter, because IL did not 90 far enough. " Come
down lower says one; and &c Come up higher,
says the other. But III us be thankful for eyen
few steps upward and IN tie right direction. After
the business meeting Of the Tract Society was con-
cluded. public meeting was held in the fremont
Temple. The speakers were mostly Oi the Anti
Slavery school. The Rev. DR.. Kirk made very
unfortunate exhibition Of himself. II ne is ever put
upon trial fer any crime. very good defense ihguI
be made for him on the ground OF insanity, the
proofs being taken from his speech on this OCCASION
He fret confessed that he had purposely stayed
away from the business meeting because he DID not
wait to talk. After this confession of cOwardice
he proceeded to justify the New-YOrk Publishing
Committee. saying that he would /" defend them 20
the ast, in their action" and that " be- believed
they abhOIred and deteste2 the system Of Slavery
- as much as lie did, and that was as much a. any
man could And, as if this vas not ridiculous
enough, be then went on 10 rejoice that the Boston
Society Lad voted as i had yOted-Oty, " he
would have voted 70 act apart from the New York
Society" The climax of ab:urdhy was reached,
VIXEN be said d" would be willing 70 publish tracts
- on Slavery, any number Of them-of course they
- would Tot On the shelves, for We could do nothing
=" with them-but would do il as testimony in
TIE same way that voted for Fremont, still
hoping that he would not be elected " The
reporter for The Courier whose work sm making
use OF, here lnteIpOlates the word . Sensation"
Aud surely ts 10 matter of surprise that there was
- sensation among DR.. Kinks hearers. Ensign
Stebbns, whose oft-quotsd remark that be was
" in favor Of the Maine law, but opposed to is
Il" beng put in force SO perfectly illustrates the
character Of all political trlmmer, has now
aLOthtr llluitIiOus disciple. DR.. KirG's platform,
in favor Of Fremont. but opposed 70 s'- election"
mby become equally famous. heard the reverend
Doctor day or two after hold forth at the churcl
in Winter street, and urge foraard the most pow
eriul efforts 10 convert the world t. Christianity.
Butt suppose he was doing this merely "a. tes-
tim,Dy,' and vas all the time hoping that the world
wtald Lot be converted. And, indeed, It il pretty