The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-22
The Moral sentiment versus Law.


The Moral Sentiment versus Law.
The acquittal Of Thomas Washington Smith,
who has just been tried at Philadelphia for the
murder of Richard Carter, suggests some i'm
portant reflections. The facts are few and I'M
disputed Smith married young lady who
was the ward of Carter; four months after the
marriage she gave birth to full grown child,
who was the offspring of her guardian Carter.
Smith, naturally enraged at having been per-
suaded to marry the mistress of another man,
found Carter and shot him dead. The act was
marked with deliberation. Tried for the
offence, Smith pleaded insanity, and some slight
evidence of disordered intellect was adduced.
The disorder, however, was not greater than
would be likely to follow in any sane mind so
overwhelming q discovery as that which Smith
made when his wife's child was born; 1t was the
brief fury of just indi gnation, and clearly pro-
missed to disappear. On this, the jury acquitted
Smith of the murder, on the ground of insanity,
and TIE Judge declared that he entirely con-
CURED in the verdict.
A parallel case has just occurred in France
A man named Guillot either seduced a young
lady named Blanche de Jeufosse, or pretended
to have done so; at any rate, he boosted of the
deed and furthermore frightfully compromised
the lady by getting over the wall of her park
at night and GLOWING horn" by way of herald
ing his approach. Instead of handing over this
outrageous scoundrel to the police, Madame
de Jeufosse ordered her gamekeeper to shoot
any nightly in;ruders into the park; and ac-
cordingly, on Guillot's next appearance, with
his horn, servant and horse, he had no sooner
entered the park than the faithful servant shot
him dead. Mde de Jeufosse, her gamekeeper,
and her family generally were tried, and ac-
Quilted. No particular grounds for the verdict
are stated.
These two cases, occurring in different coun-
tries, and under very different systems of law,
illustrate an important truth-namely that,
under jury system, the latitude of revenge al
lowed to gravely injured persons is much
greater than the law books say. Under the
laws of most of the States of this Union, hom-
eide is only justifable when clearly committed
in self-defence. This is also the law of Eng
land of France, and of all civilized countries
Homicide is excusable in most countries when
committed by an injured husband upon an adul-
terer at the instant of detection in fragrant
crime. With the exception of these cases, we
believe that the law of most of the States of the
Union, of England, and of France reprobates
and Furnishes homicide by penalties ranging
from the death penalty to long terms Of impri-
sonment. The jury system however, operates
rs a palliative which altogether changes the
law.
From the Smith case ut Philadelphia and the
Jeufosse case in France, it appears that the
moral sentiment of the civilized world justi6es
the homicide of wanton destroyer Of female
character and domestic happiness; and that
that sentiment will find practical expression in
the verdict of juries on the trial of such homi-
cides The London Times, in an article on the
Jeufosse case, ridicules the verdict, and argues
that no English mother would have been allowed
to avenge her daughters disbonor by so strenu-
Gus a process. We are not sure that this is So.
The outrageous conduct of the little babbling
Frenchman L'Angelier who was recently
poisoned at Glasgow had much to do with the
acquittal of Madeleine Smith. And there have
been other cases in England which go to show
that, there as elsewhere, public sentiment will
not punish man who avenges foul wrong
upon bis wife or sister, even by killing the
wrongdoer.
As for this country, the law may be consd-
cred as quite settled. We hear every day or
two Of brothers and husbands shooting the Sc
ducers Of their sisters and daughters; aud we do
not at this moment recall a single instance in
which man has been gravely punished for such
a deed. In most cases, juries will not even find
bills There was a recent affair in Tennessee
in which a number of persons shot dead man
and bis mistress who, between them, had de-
bauched a number Of young girls A few months
ago, at Lancaster, Pa, the brothers McKibben
shot man who had attempted to seduce their
deaf and dumb sister. We have never heard of
these affairs coming before the courts in any
shape II may be considered "a the unwritten
law Of this country-and law understood and
believed in by every one who is liable to serve
on jury-that a man may kill with impunily
the seducer of his sister or the paramour of his
wife. Let the race of Lotharios beware.
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TBE OPPOSITION To COLLECTOR SCHELL-
The anti-slavery journals having for the last
month been exerting all their influence TO defeat
The confirmation of Judge Clifford, of the Su-
preme Court, as well as Of other appointees of
the present administration, have now concen-