The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-07-28

NCbt vi AAl0 Nnlnt ho bltIbDY WOllu IIhDbullN |
to his son an object of contention for all
coming time, until that territory should be
regained by Prussia. The empire of France,
as it is, is a safer Inheritance for the Prince
Imperial than it would be with the Rhine for
its eastern boundary; for, Notwithstanding
Napoleon's views to the contrary, power in
Europe is more properly adjusted than it has
ever been before; and, henceforth, whoever
seeks to change its present condition cannot
be considered otherwise than a disturber of
the peace of Europe.
THE LAW OF PRIVATE VENGEANCE.
From the Baltimore sun.
The case of the man Lindsey, who was
killed at Chester, near Richmond, Virginia,
by his father in-law, on account of the ruin
of the latter's unmarried daughter, merits a
word or two of additional comment to that
which we have already felt it our duty to
make Upon one or two similar cases of recent
occurrence. The above general statement of
the facts is sufficient to show the peculiarly
aggravated and horrible character of Lind
seys offense, which was the occasion of
his death. But saying that does not ex-
haust all that in such a case requires to be
said. In our comments upon the result of the
Mcfarland ichardson trial in New York we
took occasion to state fully our views in regard
to such cases. Society would undoubtedly be
largely the gamer if every mar would reflect
beforehand that the penalty of the indulgence
of his unlawful passion might be the for
fixture of his life. The public sentiment
which refuses to condemn the husband or
father who, under such circumstances, be-
comes his own avenger, is so far right as it
seeks to mark its Reproduction of conduct such
as was imputed to Lindsey. But the public
sentiment which tolerates and applauds the
substitution of private vengeance for the
restraints and penalties of law is wrong.
Society is infinitely the loser when men come
to consider that there are wrongs which
society cannot redress, for which the law is
powerless to afford any adequate remedy, and
that in such cases, therefore, every man is
justified in being his own lawgiver, Judge,
jury and executioner. 1t is not to be doubted
that the evil to result in the one case is as
great as in the other; that the remedy has
elements in it of violence and lawlessness
which may be as fatal to the best interests of
society as the wrong which it is intended to
correct.
We cannot better illustrate our meaning
than by reference to the formal proceedings
which took place in the case we have cited.
At the examination of the fa~ther-in-law Cap
tain Hayward, before the justice of the peace,
the Commonwealth attorney, after advising
the magistrate that under the present law of
Virginia he had all the powers of the old ex-
amining court of magistrates, and that it was
OphA1bui WAN AAI ~ DOho IL Ou lOI
trial, with or without bail, or to discharge
him, recommended the latter course. He
said "there was no jury which could be en-
panelled on Gods earth, white or black.
savage or civilized, which could find the ac-
cused guilty of murder. He should be dis
charged. Then it would warn men of libidi-
nous appetites that when they do these deeds
they do them not only at the risk of an aveng-
ing father, but Of an avenging public also"
The counsel for the prisoner naturally did
not think it necessary, after what had been
said by the prosecuting attorney, to make
any remarks. The magistrate then said:-
Captain Hayward, stand up. Under these
circumstance 1 think it my duty to announce
your discharge" The endorsement made on
the warrant of arrest was to the effect that
the party was discharged on the ground of
''justifiable homicide"
This is certainly manlier and more honest
than to resort to the fiction of Temporary
insanity, or any of the other devices which
are used to justify verdicts of a~cquittal in
such cases. The only justification which
should be sought or can be found is in the
facts. If the facts are correctly stated in
Captain Haywards case, the Commonwealth
attorney was probably right in saying that no
jury on earth could have been found to con-
vict. Blu the difficulty appears to us that
the facts have been assumed without a suffi-
cient judicial investigation. 1t is terrible
enough that a man should be admitted to be
the executioner of his own vengeance in any
case-but shall he be admitted to be Judge
and jury as well If a jury, after hearing
the facts, choose to acquit, that is one thing
but shall all trial be waived and a mans
own word be received as his own sufficient
justification for a terrible act of private ven
geance?
We presume that an investigation of som
sort took place before the justice of the peace
who discharged Captain Hayward, but an ex-
animation before a committing magistrate
certainly lacks the dignity and solemnity re-
quisite to sanction such an act. Captain Hay
ward, indeed, appears to have proceeded in a
thoroughly judicial manner. After the birth
of his daughters child. he appears to have
obtained from her the name of the father,
then summoned Lindsey into her presence,
taxed him with his guilt, and upon receiving
nc denial, then and there shot him dead. II
is obvious that if every man who NAV act as
Captain Hayward has done is to be discharged
without a full and searching investigation,
before a competent tribunal, into all the
facts which constitute his supposed
Justification, or which may incline a Jury
to acauit, a most terrible and irresponsible
power is lodged in every mans hands, to the
exercise of which the innocent as we'll as the
guilty may readily fall victims. The power of
life and death, except in the extreme case of
all law, and where man is RENTED to obey
the instinct of Q representation, belongs to
society alone in its organized capacity. It's
delegation to individuals under any circum-
stances, however aggravated, is inconsistent
with the end for which society exists.
Public opinion, which is stronger than law,
appears to tolerate the assumption of this