Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-05-22
rHE RUTLAND HERALD.
.uousr sY HIS OWN PETAHD.'

The grand uprising of the people, IN
November which resulted in the re-
election of General Grant, was not con-
fined in its beneficial results to State or
nation. The most notable local effect,
resulting directly therefrom, is to be
found in the administration and execu-
ton of the criminal law in New York
city. The political revolution, there,
was one of the most complete known ID
history, and its moral and legal effect
are almost past comprehension. 1t was
then that the final, the death blow was
struck to the corrupt rule of the Tam
many ring, which had corrupted the
courts, the jury box, influenced the offic-
ers of Justice, controlled the Legislature,
and, to a greater or less extent, de-
moralized the community. With the
advent of the judges and prosecuting OIL
ficers. who were originally placed IN
nomination by the Republican party,
indictments were no longer suffered to
remain in ''pigeon holes" and finally to
be lost or destroyed, for the sole reason
that the criminal, thereby endangered,
might be used for political purposes in
ward primary meetings, or, as repeaters
and bruisers, at elections. The number
of convictions for capital crimes and
those of a lesser grade, since that time,
has been somewhat remarkable, and, IN
every instance, the justice of the verdict
of the jury, and the fairness of the
court have commended themselves to
the popular approval of the intelligent
citizen, whether learned in the law or
not.
An, amusing instance of the futility of
ways that are dark and tricks that are
vain, under the new regime, has just
been furnished by the verdict of the
iury. and sentence of the court thereon,
in the case of George Francis Train. 1t
will be remembered that, some months
ago, Train was indicted for publishing
obscene literature" and was confined in
the tombs, to await trial, on his neglect
and refusal to procure bail. Asthe time
approached for trial, it was intimated,
through the public press and by his
friends, that he was insane and there
fore irresponsible for his acts. District
Attorney Phelps, taking advantage of a
statute provision, promptly brought the
question to the attention of the court,
had jury empanneled and proceeded to
try the question of Trains sanity or in
sanity Met thus upon the threshold of
his case by preliminary investigation as
to his responsibility for alleged crimi-
nal acts by reason of insanity, he was
thrown on his defense in an unexpected
manner. This was not part of his pro-
gramme, but he was compelled to meet
il, admit himself to be insane, or estab-
lish his sanity. Here was dilemma in
deed, for his insanity, thus established,
would not only result in generating him
from the liability to the penalties for al
legged crime, but would, at the same time
subject him to confinement in a '1unat-
ic asylum" He, therefore made la
bored and extended defense, and, as a
result of the trial, they found that he was
perfectly sane, of sound mind and MEM
DRY, and consequently, responsible for
his acts. This ended the first scene of
what was to prove more than a farce to
him.
Without unnecessary delay, the Dis
trict Attorney moved on the hearing in
the original indictment for publishing
obscene literature" and the trial COM
menced Monday. The testimony on the
part of the government was presented in
the briefest and most concise manner
possible, only one witness being ex-
amined Now the strategy of Train, OF
his astute ounsellor-William F. Howe
was brought into play, resulting, how.
ever, as will be seen, in complete dis
comfiture and an unlooked-for turning
of the tables. Train was, indeed, ''hoist
by his own petard." His defense was,
as had been expected prior to the pre-
liminary examination, insanity. TIC
prove this, only the witnesses used Oh
the part of the prosecution in the former
hearing were examined, the District AT
torney contenting himself with the sim
pie question, on cross examination, whe
ther or not the insanity existed. Trai1
and Howe, in their secret jubilation ovel
the enormous joke on, and traveSty of
justice they were endeavoring to accom-
into the pit which they were digging fol
another, continued to introduce evidence
to prove insanity. Their case ended
District Attorney Phelps quietly re,
marked that he had no further testimony
to introduce, and rested the case. AS
the case stood, the insanity of Train haC
been unquestionably proved, and he was
therefore incapable of committing s
crime, or of being tried therefor. Judge
Davis promptly directed the jury tC
acquit the prisoner on the ground of in
sanity, and, it appearing in the evidence
that he was still insane, as promptly di
rected George Francis Train to be sem
to the State Lunatic Asylum, and ISSUED
an order to that effect.
The effect of the next step in the pro-
ceeding remains to be seen. When il
was too late, Train and Howe discovered
their error and set about the attempt tc
remedy it. AT a late hour, Tuesday
night, Howe had procured a writ OF
habeas corpus from Judge Fancher, tc
be heard to-day, to test the legality OF
Trains confinement under the order OF
the court. The mere issue of the writ
is no evidence that Train will be bene
fitted thereby, or of Judge Fancher'
opinion on the questions raised. Tht
writ of habeas corpus is a writ of right
and every one is entitled to have it ISSUED
in his behalf, no matter what may be-
the reason alleged. 1t cannot be refused
without subjecting the court, so refusing
to heavy penalties, as, also, to impeach-
ment and removal from office. We fai
to see how Train can be benefited. il
any respect, by its issue if, as we ought
not to douht .Tudpe Fancber nronaad,