Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1863-11-07
Crime and Punishment.

SElulC anu TuuISuhCHts
ANS one having lived in California for
the last ten years, and who has been an
observer of public affairs, will bear US out
IN saying, that every few years the people
there become ripe for mob-law, because,
as they think, the Courts are entirely too
lenient with criminals, and too many
escape the penalties provided as a just
punishment for evil doors. Whether this
sentiment, which seems to be growing, is
well founded or not, we are unprepared
to say-but judging by the tone Of the
press of California, We are led to believe
that there is crisis approaching in that
State which may well cause sober reaec-
ton, by not only those in authority but
by the citizens who are called upon to
serve as jurymen in criminal cases. The
Sacramento Bee, of Wednesday, contains
a well written article on this subject of
the escape of criminals, and as Washoe
would not be considered as entirely exempt
from the same bloody record during the
past year, like causes producing like
effects, perhaps the comments of the Bee
will apply with equal force to it. We
accordingly copy from the Bee the follow
ing extracts, leaving our readers to make
the application as they may judge proper:
ave have had within year or two many
murders, but few, if any, of the criminals
have suffered to the extent of the law. There
is wrong somewhere to be remedied. 1t is
not in the Courts. They are as earnest in
the punishment of criminals as any in the
land. They do not fail in their duty. And
our people who have any knowledge on the
subject know that. Nor is all the blame to
be attached to the law officers. 1t is human
nature when public matters go wrong for
each TO blame ANYBODY but himself-so the
people blame the officers and the officers, it
may be, blame the people; but the truth APP
pears to be between them, and neither is alto
gether blameless. No citizen who desires to
see the law enforced and the guilty punished.
should attempt to evade a citizens duty,
Every man is ready to agree that such and
such should be done, yet too many are but
too willing that anybody but themselves shall
perform Jury daty-one of the highest duties
the citizen owes to society and himself. 1t was
only other day when the late term of one OF
our Courts commenced, that large number
of Jurors summoned asked to be excused
and perhaps they were, of that, however, we
have no knowledge at present-and man
whom our contemporary thinks ought to have
nf
only. That was no fault of the Court, nor
was it the fault of the officers, unless some
blunder was m, de in empaneling the jury;
but the fault, if any, was with the jury itself.
And vet one may well be thankful, in these
days, that verdict of guilty of anything was
brought in. There were men on that jury in
favor of declaring the accused guilty of muir
der, but the great majority decided otherwise.
"The province of jury is to find verdict
in accordance with the facts, regardless of
the degree of punishment which the law APP
plies to the particular crime. The Legisla-
ture has attended to that part of the pro-
ceeding, and the Courts have only to enforce
the will of the lawmakers relating to the
fact as found by the jury. But juries do not
do this; on the contrary, IN but too many IN
stances, they consider the punishment, and
return verdict with reference to the punish
meHL more imam WIFI IeIeISuCc U INC CEIlIle.
Benevolence, an abundance of goodness, an
excess of humanity governs, and they hest
tate to declare fellow being guilty of crime
for which execution is the penalty. They
desire to save life, but in a country like this
experience shows that by shielding the crimi-
nal thus they but encourage and increase
crime. By saving one life they not only jeo-
pardize, but indirectly, are the cause of taking
many! Their intentions are good but the
result upon society is disastrous.
"The great reform that is needed then is in
the people-in their determination to do their
duty as citizens, by not attempting to eyade
jury duty-and not failing, when in the jury
box, to declare the crime in accordance with
the facts, leaving the punishment whatever
it may be, to the Courts and the Legislature.
Until this is done it is scarcely pos sible that
crime here will be diminished. Let those
who think that others have been direEct ask
themselves II they can throw the first stone,
and il they cannot let them resolve, from
this time forth, to do their duty whoever may
fail to do his"