New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-07
DEGREES OF GUILT IN PREMEDITATED
MIIRDER.

TO the Edftor OF The Tribune.
SIR: 1t would seem to be an OppOrtune
moment to say word about our much discussed law OF
murder. The correct analysis and classification OF
crimes is essential to the administration Of Justice to
criminals All human actions relative with abso-
lutte right or wrong practical government cannot med
de- And yet our law respecting premeditated murder
ia simply Notwithstanding all differences between
deliberate murders and all philosophy In their punish
ment. The killing OF human being Is declared murder
in the first degree "when perpetrated from deliberate
and design to effect the death Of theper
son killed." The definition is important for the present
purpose because of punishment Of crimes falling
within the definition The severity OF the punishment
should be N PROPORTION to the guilt Are all wao CON-
NIT premeditated murder equally guilty. Ii not the
definition includes much. and the death penalty Is
inflicted without just discrimination
Here stands accused who was pursued relent-
lessiy william too subtle to violate the forms OF
law; knowing, reyengeful fruitful 10 DEVICES ITO entrap
and destroy his woudbe victim. fruitful in screening
himself from justice Or perhaps the accused has been
logged by one able to purchase corrupt jndge-one
vastly superior in influence with powerful and
princpled himself. and has thus been driven to de-
spair desperation crime. There stands another
cused who murdered his father for his money; or
be- stole quietly into the chamber of his sleeping victim
at mdni ght TO slay and bin. waited In lonely
wood the coming Of his nsuspectng prey, and
mitted the deed in cold blood. The law which places
these classes of IN the same category IL too
lofty in its imparality for the wants OF mankind 1t
smacks Of Calyns. BE the provooaton trivial or be-
yonG human endurance. the halter Is the corrective
where there has been premeditated killing Bat there
IS sentiment Of natural Justice In the bosom OF men,
In all civil ed communities degrees Of guilt recog
nized all crimes whatever the statute book may arb
trary lay down. and it Is not surprsi0g that capital
punishment should ind numerous opponents
when 10 is meted out unpnil0soph-
caliy The law places Cole and the Nathan
murderer in the class they may be both criminals
but the man will never yield assent to the
propnety OF nfiictng upon the two men ike punish.
IDent. While doep-dyed. unmitgated, nnprovoaed
crime ought to crushed out by the Tfgor of law
sterIy executed. acts In violation Of law Committed 10
avenge wrong Outra,e unable 70 be oncured by
human infrmty. should meet with milder penalty,
even though they may have been premedated Again,
IL NAV be asked lie difference betW the pre-
meditation of a midnight robber and that of a man
ruiued In property happiness by villain from whose
assaults the law OfteDtimes offers no protection One
is COOL satanic aided by dabolcsl reason The other Is
ssiOnate, stormy, without Judgment The fairy may
eyen be generous "suoh noble fury" may DO 81 poor
thing" but IL Is Infinitely better than the cool devil
like Design with which we have contrasted It, III
" have capital pnuisGment bet IL DO dealt out with
severe ecOnomy 10 tho blacklist crimes. We thereby
make It effective, and justice more discerning,
swift, and sure hoBRRT +. HARLOW.
HeL1. York, OCT. 81, 1873.