New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-02-06
~ DHID D1NTEI.

! IN ONO DANIEL.
Although We have already published the
! facts in regard to the case of DR.. Galentine,
| sbot nv an injured husband, DR.. Jones, ct
! Cleveland, Ohio, VIC think it proper to call
special attention to some Of the circumstances
connected with and developed by the trial. 1t
was in evidence that, during the prolonged
absence of DR.. Galentine, his wife was de-
bauched by Jones, as she testified, at first by
force and strategy, though she seems after
ward to have submitted to the dishOnOr with
out violent protest Upon the return of DR..
GalcntiHc, he had some reason to suspect tho
criminality, but lac could find no tangible evil
dence until he obtained sort OF half confession
from Mrs. Galentine. There was some owl
dence that, after this, Galentine offered to over
look the whole matter for pccuniaTy cOnsid-
Grafton, with the further condition that Jones
was to assume entire care Of the woman and
take her away to other regions These neg0-
tatiOns having failed, DR.. Galcntine killed the
ether Doctor, and for that crime was indicted
and tried. The defense, of course, was item
"porary insanity The jury found the pris-
Oner guilty of mansauglter, and the Court
sent him to the penitentiary for ten years.
But it is to the extremely lucid and sensible
charge of Judge Paine to the jury that
we desire to call special attention. IL is not
always that judicial summing up has so much
common sense crowded into it. If You should
fnd.n said Judge Paine, " that the defendant
"was overwhelmed by any real or supposed
provocation, which, for the moment, deprived
him of all power to control bis action, and
"incapable of reasoning or delibcration, then
.1s.l,
"passion by mcdtating revenge, and cultivat-
:" ing malice towards the deceased, for real or
fancied provOcatiOn, voluntarily produce the
"inability to reason, reflect deliberate, ana
control his viii or was he rendered power
less in these respects Ivy the circumstances
(Which surrounded him, and for which he was
"not responsible I"
We do not remember, in any of the now
unfortunately numerous trials for homicide, in
which that most intangible thing. tenn
"p0rary insanity" has been the defense,
70 have seen the truo law of the case
stated more lucidly. The number of
murders committed in cold blood and with strict
malice prcpensc is comparatively small; and
these are mostly peIpetratcd for the ute
rior purpose of robbery. murder done for
the sake of private vengeance Is quite another
matter The cllpTit brOods over what be con-
siders to lie his injuries, " cultiyating ITO use
the language Of Judge Paine-"a disposition
{" to execute vengeance until his passions have
become too powerful TO be controlled by his
" will and Judgment Can he, therefore, take
the life of the subject of his hatred with
impuniiy7 "To my mind" said the Judge,
L" to hold thus would be to Offer n premium on
" deprayity and to encourage the cultivation
" Of the worst elements of our nature"
We do not think that we have ever seen
the truth of a vexed and much-discussed ques
ton more clearly stated. Laws are made and
penalties more or less severe are provided for
their violation, simply that members of society
may have u motive, even it be not the best
one, for keeping mastery over illicit pas
sions. Thus it Las been held for centuries,
and it is good law to-day, that the inebIiety OF
a murderer is no excuse, and to only n very
limited extent an cXtenuation; and hundreds
of men have been hanged who were intoxi-
Gated when they did the fatal deed. The case
is much stronger when man, supposing him
self to have been wrongcd, instead of seeking
at the hands of the law that satisfaction which
is free to all, constitutes himself judge, jury,
and executiOner, making havoc of every plin-
ciple of order upon which social institutions
are founded. 1t may be argued, and it
has often been, that there are personal
wrongs for which the law gives DO
adequate compensation. 1t is said that the
statutes fail to take into account the feelings
of a sensitive nature; and there is a certain
degree of truth in the statement. But this is
an nfrmity Of the constitution of society for
which it is impossible to provide an adequate
remedy. .Certainly, the deficiency is very i'll srp-
piled by resort to assassination. No one who
dabbles his hands in the blood of fel0w-crea-
ture thereby secures peace OF mind, or any
compensation which can be regarded as salts
factory. The laws of God and Nature are
stronger than the most violent passions of man,
and he who violates them cannot escape the
pangs of an Intellectual remOrse.
CIRCUMANBIENT
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