The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-09-25
LENIENCY OF JURIES.

The Morgantown Constitution makes
some sensible and timely remarks or
the prevailing disposition of juries tt
great and unwarranted leniency TOWARD
criminals in making up their verdicts
These criticisms are called forth by the
result of the trial, in Monongalia county
of a man named SMITH, who, at the
hour OF midnight, and in secret, actu,
ally beat to death a defenseless old
man named JENKINS. For this cowardly
murder, the jury sentenced SMITH to
the penltentiary for five years
1t is not to be concealed that the yer.
dict of the jury in the Jenkins homi-
eide case, tried in our Circuit Court last
week, "a full report Of which will be
found on the first page Of this issue),
falls very far short OF meeting the ap-
prevail of the public. Whatever the
public's right to criticise the solemn
findings Of juries may be, or whether
such right at all exist, it is yet unde-
niable that juries-especially in causes
involving the higher crimes punishable
by law-are under very grave response
bilities to the public. They are the
constituted medium through which the
law derives its sanction and enforce
ment, and it is here that the public
find security to their lives, liberty, and
property. just 80 far as the laws are left
unvindicated, or imperfectly vindicated,
are the public robbed of their due pro-
lection, and violence licensed to run
riot at will.
That our own local community pro-
foundly share in this view, and that
they are awake to the importance of the
fullest vindication Of the laws that pro-
tect society is very evident from the
out-spoken and decided disapproval,
everywhere heard, Of the leniency with
which the crime of Smith, the slayer OF
old man Jenkins, was treated. If, say
the community, as the testimony amply
establishes and as the jury pronounce,
the prisoner on trial actually committed
a crime at all-actually did, at midnight
and in secret, beat to death delenseless
old man, his crime was one of no ordi.
nary magnitude, and merited no ordi-
nary retribution. If Smiths fearful
accomplishment was at all done after
the manner OF felon, it marked the
guilty actor as one of whom society
might we'll stand in dread, and the
bloody deed itself as one against the
recurrence OF which society has right
to guard itself by inflicting even the
most vindictive penalties of the laws.
And yet this crime Of grave public
consequence is allowed to be condoned
with the really trivial punishment of
five years imprisonment Only half
that, at the same term Of court, is meted
out land ighteously, without doubt
to three bungling thieves, whose vicious
propensities sought not so high as for
blood, but only for lucre.
Let it not be thought that in these
we seek to impute any unfair
motives TO the jury that tried Smlth.
We have no thought, nor have we
heard such thought intimated by any
one, that the twelve respectable gentle
men OF the jury acted any otherwise
than impartially and to the best of their
Judgment 1t is their too strong incli-
nation toward mercy that the commu-
nitv find fault with. Such inclination,
whilst in itself creditable to the heart
of him who is set to administer justice,
is often one OF the worst obstacles in
the path of Justices march.
"Mercy but murders pardoning those that
ly;I