The New York herald., 1871-02-05
NEW YORK HERALD SUNDAY FEBRUARY s. lY7rKlrLE SHEET
duc,ns the severity Of the law in the cases Of crlm,

ductng the severity OF the law In the OF crimt
malls condemned lor murder.
,ea sS Sres sSa fSe ees
granted to the citizens or under the control OF Ars
totie. who denounced tyranny as the corruption OF
monarchy and strove TO create such government
whose greatest and highest ann was TO make vir-
tuons and good ciuzens to promote the happiness
arising from blanelessnesS oil liie 10 lead 10 he per-
footing OF mans social and moral nature and TO en-
courage men to great and noble deeds-Ihe punish
ment inflicted for assassination was death.
The mode OF procedure In
The ArHRNIAN CRIMINAL COURTS
especially In the democratic-conrs the warfare OF
ccntendlng factions fierce and incessant The
violence OF parties the influence OF demasogues @ @ ane
Pened 10 incur their dspleasure, and the uncer-
tanty OF arriving al Just conclusion, caused piato
10 treat the courts with distrns aud to sgnatlle
them IA Inobs. In his republic he shadowed forth
constitution of society by which ne considered nas
the evils aiicting humanity might be cured but ms
cure would have been worse tn IN the disease and
showed how little the most brilliant genius an1 ,he
most profound learning avail m dealing Win cflmi-
nas on prio,1 grounds without the lights OF expe.
rience In trying Durderers the A.ne9ians ms nfsI d
ns sy Sn
| as could speak from personal knowledge OF the
ary dicasis 1 never ess than three hundred IN num-
| ber-n some instances hve hundred but II q case
Of vsy Sa as 70 Se
sacre OF sIatesman the number OF dlcdsts sitting
might vary from q quorum OF thousand to fifteen
archons or magistrates, whose Jurisdiction was
liked BY law, ahd he prepared the papers for the
trial. This magistrate took the hegemOny or leader
ship OF the court he took preliminary charge OF the
case and presided at the trial. His functions, how.
ever, bore no resemblance to those OF the modern
Judge. He merely determined, in the first instance
Il there was any ground fer the accusations. and II
there was, oilciaIed president TO maintain order
and 10 put the questions to vote when the counsel
had completed his arguments for the defence.
stringent oath was administered TO the
dtcasts before acting as jnrymen. There was
no bar but the party accused Was permitted to con-
suit his friends or law experts. As rule the advo.
"A al nsSnh N rnn ftarn ~
his clients claims with consummate ability, but
there was no learned upright and independent
evidence the case. After the archon had put tho
issues 10 vote the dicasts took the evidence, the
law and the facts into their own hands, and
NO APPEAL COULD BE HAD FROM THEIR VERDICT.
The condemned had no mercy to expect, and it was
rarely that murderer escaped the last penalty OF
the law. The consequence was that at times the
courts OF Athens were stained with acts Of perjury
o and blood which n the the soul WIN contempt and
ing that Plato placed them in the category OF mobs.
One redeemng feature IN their proceedings was, that
the administration OF the law In The courts open
| and pubic aid entered on the historical records.
| The sealthy arrest, the prison hidden from every
human e,e, except the Keepers, the secret eXecu-
tions, shut the judicial misdeeds from the blaze OF
notorey IN which the death OF Socrates aud that OF
the generals OF Arg1Usa received the execra.ion OF
| the world. The idea OF trial by jury lay at the
foundation Of the legal procedure of tine Athenians,
with their comprehensive powers the courts were
ever liable TO be swayed by the gusts OF popular
After the murderer had been sentenced he was
under the latest goyefnments-taken back to
prison, and in the course OF a few DAYS executed
within It's precincts in the presence OF one o the
archons and Kind OF sheriff who undertook the ar.
rangcmenls Sometimes the condemned was
pierced through the heart: at other times system
OF decapitation was carried into effect. As the al
lowance 70 me jurymen OF nine cents day was the
for tae punishment OF malefactor was very
trlning 10 the state.
have been frequently discussed, and the facts so
concisey placed within the reach OF every reader of
ancient and modern history, that 1t viii only be
requisite to refer TO them very briefly. From the
time that Komulus founded the Leonine city Its
records reveal constant and unintermittent series
OF assassnations and cold booded murders
man no sooner became popular through some deeds
o. yaor u tne ned or the senate and forum, en-
spatched by some treacherous poniard. or battered
to death with the barDarous club. The Romans
generally performed the act OF murder after pre-
incubation, and the utmost treachery aud deceit
were practlsed in The carrying out OF their designs
against the person to be KILLED: The secrets OF a
victims household were all discussed, and his
haoits were SO closely watched that when the
blow il seldom failed 70 accomplish this desired
| end. The standard OF honor and morality In the
ages than during the most degenerate days OF the
late Gasas sSySse, murders Were ere more eqlsny
| page IN the history OF the Borgia family for IN
| stance, is stained with blood. Pope Alexander VI,
| the father OF the infamous Caesar Borgia res0rted
TO assassination whenever II answered his purpose,
and the record or no barbarian prince could be
revolving and horrible Eut the crimes Of his son
exceeded by far those OF his father In their atrociy
and enormlty. He has been called
THE GREATEST VILLAIN OF ALL AGES.
He hesitated at no crime. He enriched himself
by ioul pots and murders Cardinals and princes
were the special objects or his fury. When he could
not gel them into his own hands he would employ
Their confidential trends and attendants 10 murder
them IN their castles His last great plot will be
ever remembered. He proposed a convention for
agreeing on the terms OF q general and permanent
peace. inviting all the rival princes to be present.
The latter all appeared at the appointed rne, when,
at given signal lew moments afterwards, they
were all fouly assassinated. HIS murders wee
end less. The means, instruments, forms and sub.
tleties he employed exceeded all knowledge COM
prehenson. He willed the death OF any man. wo-
man or child In any part OF Europe, and they died.
fumes, letters, presents in tue atmosphere where
one breath drawn was instant death. In stiletoes,
hidden springs OF poisoned steel which in graspng
hand Infused the deadly poison; in violent mur-
der. and IN all the countless forms i'll which the
subtle genius OF chemists, artists or diplomasists
could be used, the internal genius OF this prince OF
assassns adapted to his work
Previous to the time or Caesar Borgia criminal
triasswere conducted with the greatest gravity the
system or trial By Judge and jury being the most
perleci in ths world Every opportunity was given
pense OF State: the trials lasting frequently eight
or ten days. Various modes OF putting prisoners TO
death were resorted to. Political assassins
throw from the "fArpelan Rock;' that
Fissest goal of Treason's race,
The pr.monieory e,,o whence the traitors leap.
In other instances the rack or the stake. While
during the bloed reign oil Nero great criminals were
turned the geological arenas and 10 pieces
by wild animals in the presence OF the citizens and
nlagstri. For several centuries afterwards the Judi
cia government was simply odlous. and 1t was not
until the reign OF Pope Plus TX nat any attempt
made to weed cut the corruption from the courts
and place Jurisprudence on ali equitable basis.
CRIME AND PUNISHMENT IN GERMANY.
II Is remarkable fact that the forefathefs OF the
German race had no public, but only private law,
all their oldest enactmenIs mercy referring to the
mutual rights OF the freebOrn and TO the rights OF
tho latter over slaves They had State Assembly,
composed OF the lreeborn, which was cOnvoked by
sending crer ROUND with an arrow, aud beyond
their decisions there was no law. In case OF murder
the friends Of the deceased could nave but two
or obtaining satisfactiont e., either 10 fight
1t out with the assassin receive fine as In
dennity or communication. Every one was supposed
to be avenged IL was the especial duty OF family
a member OF which had been murdered, 10 aveuge
him tp the uttermost Where murderer, after hay
ing been deprived OF all the property he possessed,
failed 10 satisfy the riends OF the deceased he
held TO serve them gratutOusly Tor twenty years.
Injuries to women were estimated trebly higher than
those offered to men; and II was permitted
TO her friends 70 mutiate the offender and de-