The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1866-02-06

hired man and boy. In striking his mother
on the head with an AK he startled his sister,
who jumped up and sprang toward him. He
did not intend to kill his sister Ella, but meant
to knock her in the head and render her I'M
unconscious so that she could not testily
against him. He then knocked his head
against the wall, bruised his forehead ana race
and cut his shirt and breast SO that ne coulu
tell a plausible story about his being assaulted.
He then set fire to the beds and thought he
had succeeded in covering his tracks so that
he could escape detection, get possession of
the property, and succeed in winning Miss
Campbell's hand.
And it is this cold-blooded, mercenarys and
brutal wretch in whose behalfthe attempt was
made to excite false sympathy on the
ground of insanity! We cannot help think
ing that there is often manifest disposition to
make use of this plea in manner which can
only tend to defeat the ends of justice and
weaken the barriers which law erects for the
safety of society. 1t is true there are pervert-
ed,abnormal developments of human charac-
ter in regard to which it is extremely difficult
to decide where moral accountability begins
and where it ends. 1t is also true that in
4oOotiOho HufOifll5 biC ilC vi d HuiildI DClliS5
too much caution cannot be exercised in de-
terming the degree of such accountability; yet
it cannot be denied that counsel often make
use Of the plea rather from the idea that all
means are legitimate which may enable them
to secure an acquittal, than from any convic-
ton of its foundation in truth.
We are aware that many among the most
honorable and high-minded of the legal pro-
fession hold such course as this to be legiti-
mate and right. But the obligations of
lawyer to his client, sacred and binding as they
may be, are neither more sacred nor more
binding than the obligations he owes to socie-
ty; and these surely forbid any attempt on
his part to defeat the ends of justice. A law
yer may rightfuly demand that all evidence
against his client shall be sifted beyond the
possibility of misconception, that every point
in the Indictment against him shall be proved
in the clearest and most unmistakable manner,
he is right in challenging every description Of
evidence over which may hang the shadow of
doubt; but when he seeks by the skillful
use of false and groundless plea to screen the
pIUNOu iClOu hOih bAC JuoG vi lis
crimes, he is guilty of wrong against the
rights and the safety of society.
There is one consideration connected with
this subject which will suggest itself to many.
and on which we must say single word. 1t
may be said that all human tribunals are liable
to error, that the death penalty once executed
there is no opportunity for the correction of
mistakes, and that human life is SO sacred
thing as to justify any and every means by
which we may be guarded against the posi-
bility of taking it unjustly. To this we an
swer that if the death penalty as it stands on
our statute books to-day is SO in opposition to
the moral and humane sense Of the commu-
nifty that they will sanction its evasion by any
species of trick or swindle, then it cannot too
soon be expunged therefrom. The period of
its usefulness as social safeguard is passed
by; and no time should be lost in supplying
its place with something more in accordance
with the spirit of the age. A penalty SO ex-
treme as to prevent its own enforcement is
quite as pernicious and affords as great immu-
nifty to crime as no penalty at ALL Or, if this
be thought an extreme statement, it is at least
safe to say that the efficacy ola penalty in the
prevention of crime depends less upon its
great severity than upon the certainty that
it will be enforced. And, in view of the
alarmingy increased frequency among us, of
the most fightful crimes, we cannot help
thinking it matter for grave consideration
whether a reform of some kind is not urgent
ly needed. We have no plan to PROFOUND, no
theory to maintain, but we throw out these
suggestions as matter worthy of the reflection
of thoughtful readers.