The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-04

The CosvIcrlos or O'COssHl1--Ths jury in
the case of OConnen. the man who raped and
murdered one Teresa Spitzlen, did not disagree
as such juries usually do; they brought in q
verdict Of guilty, with strong recommends
ton to mercy. We have reason to believe thai
the jury at first stood seven or eight for convic-
ton to five or four for acquittal; that when the
case was properly explained to the minority,
most of them gave way and Joined the majority;
and that thus they stood ten for conviction ard
two for acquittal These two did not appear to
have any particular reason-unless personal
One-for their opinions; the facts, which, Heaven
knows, were plain enough, were explained to
them over and over again without altering their
views; it would seem that they counted upon
cOereing their colleagues by sheer endurance
into returning a verdict of not guilty Hap
PLY for the ends of justice there were among
the majority several persons who declared that
they would rather stay there six months than
violate their oath by rendering any other YER
dict than one of guilty; and after brief strug-
gle, the tvs gave way, stipulating as compro-
mise that the verdict must be coupled with a
recommend atien TO mercy.
We are net told of any ground upon which
this recommendation rests. A cuiprit is usually
recommended to mercy when he has committed
a crime under provosation which does not excuse
though il may palliate the act. A hcricde is
recommended ts' mersy when the men loe kills
has wofally injured him, insulted his wife, or
beaten his father. A tSief is recommended to
mercy when he has BEEN brought un' among
ineendiary is recommended to mercy when he
Ia so young as net to know the whole conoe-
oaences of setting fire to house. In cases of
this kind, one can understand that a coascien-
tiOus jury in findinl.a verdict of guilty, should
still desire to screen the offender from punish-
ment which was not designed for cases like his.
But, On what grounas-we ask of the twelve
men who sat on o 'Connell's trial-can that man
convicted of the deliberate commission of the
two g-avest crimes on the caiendar-be recon-
mendsi to mercy? If we are 70 show mercy to-
those who deliberately oomnlit rape and muir
der, to whom, Gentlemen of the Jury, are we tc
show Jgstieet
mercy and every young offenders" and
"hopes Of reform" shoultsbe swept away and
At least . ray Of common sense let in upon our
administration Of crimina.;law. 1t is high time
that the Villanies which are daily perpetrated
lyy,young paffans of whom, Rodgers and O'Con-
rell are types should be checked some
wholesome examples of severity. We have
tried. the merciful systera for some years
now; and very pretty are its fruits
4 very fine average crop OF, murders,
rauss, areons, robberies and assaults has
it yielded 1t is time, if this city is to con-
tinle to be fit habitation for Christian people,
that terror should be struck into. the hearts of
the villains who make sport of every law and
rob'a store, fire dwelling insult poor girl,
or stab quiet citizen with equal recklessness
and out OF sheer wickedness and deviltry.
Let us hear no more of especial favors to
Rodgers and O'Connell on sccount of their
youth. Youth may be pleaded in mitigation of
damages when it is doubtful whether the Gull
prit knew the nature of his crime or its conse-
quences. But it Is an insult TO our common
sense to ask us to consider favorsblJ the youth
of fellow who is old enough to commit rape
or strong enough TO kill grewn man with
single blow of knife. All our bad characters
have the misfortune Of being youths. Their
youth should no more screen them from Just
punishment than 1t helps those whom they in
jre.