The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-09-13
JURLRS as La W-MAKERS AND La "
...- RREA KERG

On Saturday last, at Charlottesville, Va,
man who had killed the betrayer of his
daughter was acquitted by the jury, and the
Judge, in commenting upon the verdict,
remarked that it was natural, but in accord
neither with the law nor the evidence. In
other words, the jury who had been sworn to
try the case according to the law and the evi-
dence totally disregarded their solemn oaths,
and decided the case according to what was
justice in their private and indivi-
dual opinions. 1t is admitted on all si1es
that no jury will convict a man for
murder in a case of this kind; but while we
may sympathize with the motives that may
induce a verdict of not guilty even when the
evidence is direct and unmistakable, it is inn
possible to close our eyes to the demoraliza-
ton that must ensue in the administration of
justice if the sympathies of juries are per-
mitted to overrule the law under any circum-
stances. The members of the jury in the
case before us clearly committed perjury,
but they only followed the example of numer-
ous other juries in all parts of the country
who have been placed in similar predicaments
in doing so, and it can scarcely be con-
sidered an extenuation of their offense that
they preferred to violate their solemn oaths
rather than to aid in carrying out law that
they conceived to be in an eminent degree
unjust. 1t is the law, however, and not the
average citizen who is called to sit upon
iuries, which is really to blame in this matter,
and so long as no adequate punishment is
provided for violations of female purity it
may be expected that the male members of
family which has been brought to shame by
the betrayal of sister, daughter,
or wife will take the law in their
own hands, and make the offender pay
penalty that will be in some degree proper
tionate to his offense. That class of crimes
which are greater than murder if the misery
they produce or their evil effects upon
society are taken as criterions should
scarcely render the criminal liable to even a
nominal punishment, is a grievous wrong;
and until the law protects society in this
matter better than it does now, public OPT
Mon will make a law of its own which will
declare that killing is no murder.
We admit that the subject is difficult one
the trial of man for killing the sedu,er of
his daughter or sister, the completely of the
female in the original crime is too often lost
sight of altogether, and the male criminal is
held to be the chief if not the only offender,
while the woman is esteemed the injured
victim of arts and wiles by which her inno-
cence was betrayed. That in great
many instances this is not the case
scarcely needs to be demonstrated,
but leaving everything else out
of consideration, it is evident that the laws
ought to provide pains and penalties for
crimes of this class, that will in some degree
protect society and offer greater inducements
than at present for jurors to decide impair
TALLY and fairly, according to the evidence
set before them, with an assurance that the
law will do justice without any improper in
reference on the part of those who are
never intended to be lawmakers.