The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-12-10
The Cole iiiscOck Murder.
From The ~. Y. Times.

From The N. Y. Times.
The jury found in the Cole case that Cole
was perte city sane the instant 6efore shooting
Hlscock, and perfectly sane the Instant after;
but whether he was sane not at the exact
moment OF doing il, the intelligent jury was
in doubt: ard, giving the prisoner the benefit
OF that doubt, under the instructions OF ths
Court, they acquitted him of the charge.
Probab v this is the most extraordinary
verdict ever rendered by a jury made up of
men supposed to be- saue themselves. The
theory on which it is based is OF universal
application, and dispenses with every rule of
common sense, as Well as of common law, in
murder trials Indeed, it makes all such
trials ridiculous, and converts them into the
broadest and most absurd OF tarces. We ven.
ture to say that no murder, or other crime,
was ever committed, in which precisely the
same doubt might not have been entertained
with just as much reason. 1t is the belief of
a certain school OF philosophers that all crime
is a species of insanity, and that no thoroughly
sane man would or could ever commit crime.
The Albany verdict gives this theory a practi-
tical sanction and Endorsement That 1t will
promote the security of life, or will, indeed, in
the long run, be found compatible with the
existence of a society of law and order, may
well be doubted.
1t is to be noticed that the jury in the case
to reach the tOregOne conclusion they had re-
solved upon, was forced to invent a theory of
defense for themselves. Tue one presented
by Coles counsel broke down utterly. 1t was
at first alleged that Hiscock had committed a
rape on Coles wife. That was abandoned
and it was then said that he had attem pied it,
but failed. This, too, was thrown aside, aud
then it was alleged that his Oifense was simple
adultery, the vile, OF course, being an assent
ing party. But all these pleas were thrown
out, and then it was insisted that, in conse-
qu.nce of a hurt i'll the war, Coles mental
faculties We're impaired and he had become
virtually insane. Various acts and mental
moods, at various times, were proved to sus-
tain this theory, and good deal Of stress was
laid upon 1t.
But the jury made short work with them
ALL They rejected them all as 80 much rub
bish. 1t was not important to show that Cole
ever had been insane before or after the killing
of Hiscock, but only at that precise time.
Having fixed upon the result, the verdict thsy
wished to REACH the jury fitted the theory to
the necessities of the case. They paid no heed
TO evidence-ihey did not need it. They were
quite equal to the emergency themselves
During all the time Cole was making his pre-
parations to kill His cOck-while he was pro.
curing pistol, arranging his plans, writing
letters TO screen himself and travelling to find
his victim, he was perfectly sane; the instant
after the murder, he becomes sane again-but
at the moment OF stepping up behind Hisoock
and shooting him Though the head, the jury
have doubts whether he was perfectly sane or
not and, therefore, he goes free
| Ii one man wants to kill another for any
reason whatever, without being hung or pun
ished Tor it, we seq nothing now in the way.
The Albany jury has made murder easy and
| safe. That is, it would bs so, if it could he
| supposed that such another jury could ever
be got together sgain, for the trial OF such a
crime.