Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1868-12-16
Murder no Crime.

AV OAAAAAC'
In the trial of Cole for the murder of His
cock, the jury found that the accused was
sane just before he committed the deed.
They could not hesitate to say also that all
his actions afterwards showed him to be of a
sound mind. But there was an instant, the
time it takes to pull the trigger of a pistol,
that the sapient individuals were in doubt,
They so informed the Judge. and were direct
ed to give the prisoner the benefit Of all
doubts, and he was acquitted. If this were
an isolated case, affecting only Gen. Cole,
and not to be regarded as the legitimate off
spring of an unhealthy tone in our courts, it
might be suffered to pass away with as little
comment as some other marvels of American
jurisprudence. But the fact is the theory on
which it is founded is of universal applica-
ton, and will turn all trials for murder into
ridiculous shams. The jury lacked the nerve
to do their plain duty, and took the course
they did as the easiest way 20 slip over the
solemn oath they had taken to do justice not
only to the prisoner, but TO the State as well.
They scorned to take the trouble of a longer
road. Theory after theory was put forward
by the defence Hiscock had committed 4
rape he had taken advantage of the sickness
Of Mrs. Cole Gen. Cole had injured himself
in the army, and had since been of unsound
mind in fact, no plausible story that the
ingenuity of the New York Bar could get up,
was left untried. On and over these grounds
Of defence the intelligent j%urymen marched
with the stubborn dignity of their Dutch an
cestry, to free the prisoner on a bubble that
could not deceive a schoolboy.
Undoubtedly they kept constantly before
their minds the idea that Hiscock had injured
his friend in a manner compared with which
most other proyocationst to violence are slight.
Now where is the proof that any such thing
had been done? We have barely the word OF
a woman of mature age, dwelling constantly
among her friends, and subject to no more
persecution than she chose to invite by her
own conduct. She cannot plead the inexpe-
rience of youth or the passion Of a first love.
Her confession, ut its best, makes her equal
", nay, more criminal than her paramour A;
taken at its worst, Hiscock deserved compass
sion even before his death. Her story is tnat
of a participation, and is not to be received
without corroboration There are sufficient
penalties against the crime of seduction and
the squcamishnces Of jurors is not apt to be
exhibited in trials Of that nature.
On the principle of this verdict we can see
no reason why anybody may not commit a
murder and 90 free. Plead before an Alba
ny jury that though the pistol was loaded
with exactness. the knife eharpcned with
care, and the victim pursued with skill and
patience, yet at the supreme moment there
was a paroxysm of insanity, an the acquit-
tai must follow.
In the recent trial of Andrews. in Massa-
chusetts, DR.. Cholte. for fifteen years the
/ superintendent Of an insane asylum. testified
:. that he had never known. and dld not be
lieve there had ever existed, cases of insanity
!, originating and terminating with a single
! act of violence This opinion Of a mar
of course, to be compared with the Doubt o
twelve burghers Of Albany county
The other day, in Wisconsin. a man stab
/ he'd his divorced wife His only plea wa.
tha- he was mad, and did not know what b,
f was doing. \ clear case of insanity at tn,
time of perpetrating the crime The from
tiersmen, thinking perhaps he might get ;
r change Of venue 10 New York, hung him tc
a tree, and thus solved their dolbt without
applying to a Judge. Who committed III,
t greatest outrage on society, the mob IF rougl
+ backwoodsmen, or the mob Of polished gen
tlemen ?
' The sentiment Of the people should no
: permit this legal conformation Of crime t
e continue. 1t is the business of the legis.a
ture to make the laws, Of the courts only t
see them executed. Unless juries shall ceas
r to assume the prerogatives of lawmakers
and forbear their attempts 10 be more for
giving than the Author of Alercies, We car
expect no security for life. De Quincy
: essay on murder should in the mean tim.
carefully be studied. that the sentiments o
e the community should be shocked as little a
possible by necessary deeds of violence.