The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-04-13
Murder by Law.
From the Tribune

From, the Tribune.
Massachusetts today hangs man for
murder, who has not been proved to have COM
mited the crime for which he will suffer, who
never confessed it, who never saw jury, who
has never had trial in any legal sense of the
word, and who, on the testimony of his own
townsmen, and of the highest medical authority
in the State. is dwarf and an imbeole. That
man, IN those circumstances, Massachusetts
hangs tomorrow.
The history of this case is without precedent,
ana we trust may never be drawn into prece-
dent in the future administration OF what is
called law IN Massachusetts,. When Edward w.
Green was brought INTO Court and arraigned on
an indictment Tor murder in the first degree, he
refused to plead guilty to that charge. Under
the Massachusetts statute, only murder with
premeditatiOn is capital crime, ana whether
the murder be with premeditation is question
not tor the court but for the Jury. Green
asserted that he did not kill with torethought.
1t was stated TO him that the prosecuting officer
would not accept plea Of guilty in the second
degree, because upon the proof in his possession
there a degree OF deliberation in the act which
legally amounted to premedltation or malice
atorethought. Green still reiterated as he had
steadily done while in prison, tina. there was no
premedltatlon in his mind. TbereupOn his
counsel took him out of court to argue him into
the opposite conviction, and by presenting to
this haf-idiotic intellect the legal distinction
between murder in the first and murder in the
secord degree, to persuade the miserable wretch
to plead guilty 10 the first. That counsel has
since stated that had he then known the facts
subsequently brought 10 light, he would not
have given such advice to his client. But he so
far succeeded that Green came into court
and made plea, which was entered as
a plea of guilty in the first degree. No
court should have permitted such manipua-
on of a prisoner There was time when it
would not have bcsn tolerated in Massachusetts,.
While the late CHIEF Justice Shaw presided over
the Supreme Court, he consistently received
plea OF guilty with hesitation and reluctance.
IN we'll known case at Taunton, he talked to
the prisoner an hour before he would allow his
plea to be entered. you don't know what you
mean" "But killed the womau." "You mean
you struck her and she died.p YES sir"
THAT is manslaughter, is it not" 81 don't
know "Then," said the Chief Justice, "Mr
Clerk, record plea of not guilty, and let us try
this man. Were there no other clement of in
justice in this lease, it would be gross outrage
to hang man whose conviction was secured in
such way. a
Ex-Governor Andrew, himself one of the most
eminent lawyers in the State, was so convinced
of the irregularity of these proceedings, that be
refused, so long as he was Governor, to issue a
warrant for the execution OF Green. 1t was his
opinion, and is to-day the opinion of many
Others of the ablest criminal lawyers in New
England, that Green never had had trial. He
not only never meant to plead guilty of preme-
dltated murder, he never did plead guilty,
legally and within the contemplation and pur-
pose of the statute under which ,,he was ar
raigned. The forms OF law had not been re.
2aru6u, ana TO DdQg EDWARD W.rGreen Is TO
hang man not legally convicted, and, there
fore, in the eye OF the law, innocent.
The legal propositions bearing on the case are
briefly and clearly stated in this summary of
Governor Andrews opinion, and were argued
by other counsel to the Supreme Court on
writ of error:- ,.ss
The JUDGMENT in this case is erroneous.
The substance Of the, error IS that the Court
passed sentence of death upon the said Edward
W. Green, instead OF a sentence to imprisonment
for li1e
appear from anything contained in the Indictment
that the murder was committed in any manner
winch constitutes murder in the first degree. Nor
murder IN the first deglee III anywise specifically
al eyed in this indictment.
Having heard the Indictment read, the record sets
lortn that Green forthwith beng demanded CON
cernng the premises in the said indictment above
specified and charged upon him, he saith thereof he
is guilty of murder in the first degree"
There was no trial nor hearing upon the facts.
NO facts constituting murder In the first degree
under the statute, as distinguished from murder 10
the second degree, under the statute specified
and charged upon him IN the Indictment
Nor soere any such facts specified and confessed
Murder not appearing to be In the first degree il
muroer in the second degree" (Gen. SIat, Chap
The first degree of murder did not appear in the
indictment, nor did 1t appear in evidence.
The ofense therefore, on this record is murder IL
the second depree only. These words in the plea, Il
wit ''of murder IN the first Degree" are not re
sponsye to the indictment and do not concern "tht
premises. in the sad Indictment specified anC
CHARGED upon hun"
And therefore the sentence of death is erroneous.
When the court refused to reverse its decision
last appeal was made to Governor Bullock fo
a cOmmutatIon OF the sentence to Imprisonment
for life. AT that hearing, ut several previou
hearings, mass of testimony from men wht
had known Green all his life, and from physi
clans who had examined Green III Jail, demon
strated his ant of moral sense and accounta
bilty. The Governor and Council are deaf L
that evidence, and seem to hear only the pre-
vious camor for vengeance which the bigotr
and gallo ws-loving conservatism of Massachu
sets have continued 10 raise, and by which the
have infamed the popular mind and perverte
the popular love OF justice.