The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-03-28

THE STEPHENS CAsE.-During the protracted
trial of this remarkable case we refrained from
commenting upon the evidence adduced on either
side, for obvious reasons. But now that It cou-
viotion has been obtained; now that the princi-
pies of our common Law, which, when properly
administered, mean nothing more nor less than
common sense and common right between man
and man, stripped of all evasions and laid bare
by the analytical scalpel il seems only proper
that the press should say its special word in
matter so solemn and 80 important-oue which,
rightly taken, conveys the strongest moral
lesson
The leading points in the Stephens case, so
admirably set forth in the charge of Mr.. Justice
Roosevelt, are so far out of the common history
of crime that it will be one of the leading causes
celfbrSs in the story of American Jurisprudence.
The prisoner was laboring man, in moderate
circumstances regarded by his employers as
faithful and honest servant. He was leading
member Of O sect noted for the pious
fervor Of its converts. He was, in his
way Of life, an eminently respectable msp.
His wife died after an illness of several weeks.
One year after her death her remains were ex-
humed by the authorities Acute scientific ana
lyses sustained the hypothesis that she came to
her death by poison. A jury has in fact, decided,
after protracted and altogether fair trial, that
this poison was administered by her husband, in
order that he might possess the more comely
person of her neice. He attempted first to Sc
duce the young woman last named, then resorted
to absolute violence, and afterwards blackened
her character through the foulest and meanest of
all channels-an anonymous letter.
Well, all this might have been, and yet the
| man to-day have stood as well as he did two
years ago, but justice overlook him, chiefly
through his own acts subsequent to his crime.
The brother Of the girl he had attempted to de-
bauch, obeying his natural impulses assaulted
the seducer; prosecution followed, AMI during
the examination of the collateral issue,
the charge of murder was made by the girl.
1t was regarded lightly. Every one knows
how much reliance can be placed upon words
spoken under such exciting circumstances as
those in which the Bells were placed But the
prosecution was pressed on the side of Stephens
and the charge was reiterated by The Bells The
exhumation Of the body was determined upon,
the friends of Stephens believing it would ex-
onerate him. When the case finally came to trial
it was not over and above strong for the prose-
cution. There were many little circumstances
against the prisoner, but the chain was not en-.
tirely complete. The respectable character of
Stephens, the necessary technicality of the very
finely drawn though scientifically clear chemical
testimony, the studious efforts to discredt the
evidence of the chief witnesses on the part of
the State, all went in favor of the prisoner
and seemed to point towards no verdict
and perhaps one of acquittal. But in the
course Of the trial the defence proved too much
and added important links to the chain of
circumstantial evidence which weighed down
upon the prisoner. And he was convicted.
first, through prosecution he had set Oh foot
against Robert Bell, and second out of the
mouths of his own witnesses. The cloak of rel-
gion, which is assumed nowadays by almost
every scamp who hopes to escape the punishment
of his sins by assuming a pharisaical piety
awaited him nothing His offence found him out
through his own acts, and he owes to them
chiefly, his position as condemned man to-day
Assuming his guilt, which appears clear, his
crime was one of the most horrible known to hui
man nature. Day after day, night after night, he
witnessed his wife's sufferings he heard her
groans, as the poison, by him administered, con-
sumed her vitals; calmly and steadily he re-
peated the doses, and finally, with we'll assumed
sanctimoniousness, followed her to the grave
dug with his own hands For such as he
there can be no sympathy-no mercy. The
crime once traced clearly home to his doors, his
punishment should be swift and terrible 1t is
one of the few cases where the good effect of ex-
emplary punishment is indubitable
The CANALS, THE REPUBLICANS AND THE
STATE DEBr.-Ever since the republican party
attained power in the Legislature the indebted
ness of the State has been increasing with alarm
ing strides. The completion of the canals has
been made the principal excuse for the extrava-
gance and corruption which have characterized
the course of that party at Albany. Every now
and then, for some years past, money has been
raised for the avowed purpose Of completing"
the canals, with promises tina no more will be
required for that purpose, yet they are still in
complete
few years ago they went so far as to violate
the principle of the constitution by creating
debt of some nine millions for the canals, and
there is at this moment a bill before the Senate,
introduced by republican member, intended to
secure loan of two millions and half more for
the same object, to be paid by an additional spe-
ciGc tax.
The State debt now amounts to the enormous
sum Of $32, AL ,944-requiring an amount, to pay
annual interest thereon, of Sl,950,OOO. And if
the party who hold the balance Of power at
Albany are to be permitted to increase it at
pleasure, to play with the constitution, aud
legslate for partisan purposes solely there will