The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1868-03-09
DAILY PRESS.
PORTLAND.
Monday Morning, March 9, 1858.


hnOfne's Case.
james Thorne, whose Appeal we publi.b
herewith, has been an il mate of the Stat-
Prison for "a years. His crime was one of
great atrocity. When young man, the re-
lations of unlawful intimacy existing between
himself and married woman resulted in a
plot to put the woman's husband out of the
way and the design was carried into execu-
ton. The woman turned States evidence"
Ihorne alone suffered the penalty. In ex-
| tenuatlon OF his offence Thorne alleges that
when hs committed the crime he was poor
ignorant boy, who knew neither the laws of
God nor his country. The statute line be-
tween persons who are capable of that GRIM
inal intent that is assumed to render them
proper objects of punishment and those who
are not, is arbitrarily drawn II the question
were lett to committee Of metaphyscians
they would probably decide that no line what
ever can De drawn, and that every CRIME, no
matter by whom committed, is the result of
causative forces for which the actor is only
partially responsible; in short, that crime IS
but one phase of human weakness and mis-.
If such metaphysicians are right, it is never
tneiess true that another phase of human mis-
fortune is punishment. Where it is seen that
the lnf1iction of penalties on wrong doers will
operate as motive to restrain persons of
criminal impulses from transeressing the laws
OF society, self-defence eompells society 10 re-
sort to punishment. 1t processes to exempt
persons whose deficiency OF intellect is clearly
such as to render them insensible to the in
nuence OF restraining motives. Punishment.
then, Is not matter of justice, but of stern
necessity. Though protesting to do other
wise' The State does not inquire, when treat
ing with a "criminar.' what is just but what
is expedient, There is not an element of
vengeance or OF yindictvie justice entering in
10 the theory of punishment, which fer the
purpose of this article, we assume to be the
true one. The whole thing to be consider
ed IS whether the 'criminar himself can be
prevented from doing further harm, and
Others of similar tendencies from following
MS example. Ii the bonds of necessity were
thousand times closer than the maddest IA
tallst ever dreamed, punishment or moral
chaos would still be the aItern atiyes present.
ed to us in "this dark and unintelleble
world" 1t is the old case o the slave who.
when being fogged by the iatalists Zeno for
theft, said to mis- master. at was fated that l
should steal." "And b, fogged,, replied
Zeno.
Those who would have Thorne released.
then, cannot argue in his favor the hardship
OF the case or the injustice of the longer con-
tinuance of his Imprisonment. Society re-
CARDS its own well-being as whole in these
matters, and not that of any one of its mem
Ders. But there seem to be reasons in
Ihorne's case that would amply justify his
release in perfect accordance with the oener-
al principles of which we have spoken. 1t ap-
pears from the testimony of several persons
tnat he was, at the time of the murder, lust
what he describes himself 1t appears that
ne did not have intellect enough to realize |
the hldeoasness of the crime. By furnishing |
such man, the State commits double in
justice. In addition to the disregard of hu-
name consideration for the individual, which |
Is enforced upon it by the very constitution
OF nature, it makes him suffer for the delin-
quencies of society ITSELF which has permit
ted person capable of moral development to
grow up in ignorance and depravity. 1t may
further be said in Thorne's behalf that he |
SHOWS evidences of penitcnce amply sufficient |
to warrant the belief that nothing further is |
to be apprehended from him. The emphati-
cally expressed opinion of Mr.. Rice, warden
OF the State Prison, is conclusive on this
point. Mr.. Rice says of Thorne in private
letter recently published in the Gospel Ban
ner, "He has always been a well behaved
man in prison, and from an extremely igno-
rant man mas pecume quite well informed, |
and is l think reformed man, one perfectly /
safe to be entrusted with his freedom"