The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-06-22
The Logic of Murder.

From The Independent.
Curran, or somebody, said that the great
end of the British Constitution--the chief
object for which king, lords, and Commons
existed-was to get twelve honest men into
a jury-box. His meaning was that whatever
might be the government of a country, no
man could suffer wrong if sure of being tried
by jury of his peers. Where no such trial
can be obtained, there every man must take
his rights by his own hand. But it is plain
that, whether such trial can be obtained or
not, there is no substitute for it so poor as
murder.
Trial by jury protects a man against his
enemy, and even, if need be, against his
judge. In the trial of murder, judge and jury
are one, and that one is also the enemy. Under
trial by jury, the judgment is made by per-
fectly impartial men; while, in case of murder,
il is made by the very person to whom impair
tiality is impossible. Before jury, each man
is assumed innocent until proved guilty, while
the murderer assumes his victim guilty, and
leaves his children to vindicate his innocence,
if they can. Indeed, under trial by jury,
investigation comes first, and sentence after
wards; while murder kills frst and then per-
mits the public to investigate, if it will.
All this is glaringly illustrated by the late
startling occurrence at Albany. Mr.. Hiscock,
a member of the Constitutional Convention,
was instantly killed by General Cole, lately an
officer of the volunteer service, for alleged
wrong to the wife of the latter. Public sym
pathy is always excited in favor of a man who
avenges one crime by another, especially
where the virtue of woman is in any way
involved. But public sympathy should
remember that usually in such cases-certainly
in this case-suoh a tragedy establishes no fact
beyond the frenzy of the assassin.
To be sure, the public will assume that
,,,a,, Ynucf have had eOma adeOuat9 DrOVOea-
ton for such deed. But this is not necessa-
rily true. A man must undoubtedly think
he has had provocation. But how many
blameless women have been killed, like ''Des-
demona," from unreasonable jealousy; how
MANY innocent men, from insane suspicion In
this case the only important statement made
is that Of General Cole himself; and when he
made it he was, in the words of a policeman,
sGapparently frenzied." Certainly, it is inn
possible to ascertain from these confused words
what is the precise offense which he charges
on his victim. Sometimes he speaks as If de-
ceased had committed violence on an inno-
cent woman, and again as If he had seduced
guilty one. He says that the sinful purpose
never was accomplished, and yet speaks Of
his wife as being betrayed and ''dehled."
OF course at such time, perfect clearness OF
statement is not to be expected. But II Mr..
Hiscock's reputation, as well as life, are to be
destroyed, it is right to test rigidly the evil
We have no personal knowledge OF the man
thus struck down, and unhappily his public
prominence does not demonstrate his private
virtue. A legislator may be a guilty man;
Int. on the other hand, man may be inno-
cent and yet be murdered. The charges
AGAINST him may exist only in the brain OF an
insane man; or the alleged facts may have
been only the halluoinations OF diseased
woman. For such things have been; and we
protest, in the name OF justice, against the
Readiness shown to condemn man unheard.
The murdered man has no opportunity to
bring forward evidence; and there may be
Tnan9 facts which he could have explained,
which will now remain unexplained forever.
If he died innocently, his murderer has
seonred a great advantage over him; for who
con indicate a mans innocence like himself I
The only person Except the injured woman)
who knew the precise facts OF the case has
heen removed fromthe investigation Such is
tbe Iooio of murder-a thing more unjust than
aven fhe ancient s'ordeal by battle;" Tor TO
tbst ~ least, there were two sides.
n is possible that Mr.. Hisoock may yet De
,,roved innocent; and it is also possible that
he NAV be found deeply guilty. IN tne
latter case the whole series OF events VIII
s;mnlv add another to the tragedies OF real
iita more profound and fearful than those
ot french and English novels, and showing
tbe nerils of misguided passion, and the
stern retribution il brings. Be TINS a,
II NAV. the truth remains that IN lano