The New York herald., 1873-10-30
Hanging Played Out for the Ricn.

JameS FISK mas Deeu ueclareu 10 uhVe Doeu
manslaughter in the third degree. After three
long and wearying trials the dandy man
slayer Is told by twelve ''good men and true"
that shooting down his enemy was deed
barely escaping from being honorable by some
miserable points Of law, which involved, un-
fortunately, four years in Sing Sing A grand
vindication of the law, truly Civilization has
reached its acme when the assassin and his
friends must have consideration. To the rope
with the Reynolds, to the moose with the Nix
ons, to the gallows with the Fosters. They
were day laborers or loafers, bill-stickers or
car conductors, and they can be spared from
this civilized age, where they neither adorn
nor shine. If they kill they are cold-blooded
murderers, but the "curled darlings of our
nation" who kill with the pistol, must be pre-
served even at the cost of short imprison-
ment, that they may dazzle on Broadway and
lounge about the portioos Of the great hotels
Reynolds was wrong. Hanging is not played
out in New York-for day laborers, bill-stickers
and car conductors like himself and his sue
cessors under the gallows beam. ~
What are we to say of the conduct of this
case for the people ? How did they so present
the facts that killing became no murder2 We
bow, by time-honored custom, to the inviola-
bility Of the jury-box, until an offence is
brought home in particular case II
we have any blame to cast we will
not in charity lay it on the Stokes
jury, or any Of them, unless forced so to
do by the finding Of another It is case
like one Of murder in which nothing but
innocence must be presumed. The question
with them we leave altogether aside The
conduct Of the case on behalf of the people
will be brought severely in question. 1t is
not merely did the prosecution do their best,
but did they do the very best that could
be done? The process has been costly
enough in oil conscience to give the very best
service to the people. The result tells us
murder in the first degree on former trial is
suddenly found to be merely guilty of man
slaughter in the third degree. 1t is pleasant
transmutation for the curled darlings an
apotheosis of homicide for the jeunesse
dorfe. You may in future judge the utmost
degree of crime man can commit
by the cut of his coat by the mounting
of his pistol and the curl of his hair. There
must be commiseration for the gloved ex-
quisite who kills and for his friends. His
cold-blooded killing of another must be
allowed to be ''done in the heat of passion,
without design to effect death and without
circumstances to justify the killing" This is
Al. - l.,t ~
advance step, and all murderers of the
proper sacred llama standard be declared,
like the British sovereign, incapable of doing
wrong? Passages like the following will then
be read with wonder, that judge could have
spoken so tamely in such clement direc-
ton. Said Judge Davis yesterday in his
admirable charge: effect upon the
accused and upon his excellent friends Of your
verdict should make you act with caution and
care. but without hesitation where the evidence
constrains you so to act. We cannot help feel
ing deeply-all will feel deeply-if you convict
of the capital offence; we shall sympathize
with the circle of friends that surround him."
Foster had wife and friends, and SO had
Nixon. God knows whether they deserved any
sympathy, or whether the effect which ver-
dict of capital offence would produce upon
them was instanced as inducing to caution
and care" The shades of the murdered seemed
sufficiently near to the judicial bench in these
cases to hide the excellent friends" of the
prisoners at the bar If the grass-grown
mould upon Fisks grave has pre-
vented his shadow from coming be-
tween justice and the friends of its
victim, so much the better for the victim.
The excellent friends of the murdered man
must have taken very airy form that they
presented no object to the judicial vision. Is
not the quality Of mercy strained through
strange sieve of time when compassion is lost
in the process for those who were bereaved
but two and twenty months ago2 Then
human being was shot down like a dog.
To-day the slayer looks pleasantly forward to
forty-eight months in prison garb. Will JUS
tice be satisfied with this lame and impotent
conclusion? The law says that justice is
satisfied but will that inspire respect for the
law, or with the knife and pistol ruffian) for
life, which the law is supposed to protect?
WITH THE ELECTION the blackmailers, in
the shape Of clubs and Independent organiza-
tons, appear upon the scene. They are all
endeavoring to strike the candidates for money.
They are all Of o class, whether sailing under
the colors Of reform, labor or nationalities,
and if the candidates are wise they will give
them kicks instead OF coppers.
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THREE THOUSAND DOLLARS REWARD for a
few words which will fix the crime Of the Kel-
sey murder is handsome sum Of money and
Governor Dix offers it for the public service
indicated. We need hardly say, further, that