Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-06-18
MONEY AND THE PUNISHMENT


Gffi OF CRIME. g rErg u
They have a woman in Indiana by the
nameof Nancy E. Glenn, who has run most
remarkable gauntlet before the courts Of that
State. She is charged with having COM
mitted murder in the summer of 1868. Il
was the bloodiest aud most mysterious
tragedy ever enacted in the State, and in
some respects the most remarkable that has
found its way into the annals of American
jurisprudence. This woman was first tried
in December, 1868, and the jury disagreed.
In February, 1869, she was tried
second time aud convicted of murder
in the secord degree. The case was APP
pealed to the Supreme Court, which tribu-
nal reversed the decision of the lower
Court on technically, which the Indian
apolis Journal informs us was smaller than
the point Of cambric needle, mere verb
al bubble as Insignificant as the difference
between tweedledum and tweedledee. She
was tried the third time in the fall of 1871.
In June, 1872, she was tried again, found
guilty of murder in the second degree, aud
sentenced to the penitentiary for life. This
verdict the Supreme Court has now revers-
ed and rsmanded the woman for fifth
trial. This moves the Indianapolis Journal
10 say: e t#
'Honest citizens, mere unprofessional men
Of all classes, suppose that laws are made
10 repress crime, 10 punish criminals and
protect society; the theory on which courts
Of appeal proceed now a days seems to be
that they are created TO protect criminals,
battle justice and hsrrass the community at
large. In New York court of appeals
reverses the judgment Of lower court in the
Stokes case, and grants that be-curled and
bescented murderer new trial, which is
almost certain to result in his acCuittal;
and right on the heels of this announc-
ment comes q similar decision of our
Supreme Court, setting aside verdict
which ninety-nine men out of every hun
dred believe TO be just, and ordering q new
trial for a woman whose present
existence is due only TO the efforts of
her lawyers an to the doubts which mer-
ciful jury allowed to interpcse between her
and the gallows. What are laws made for,
what are courts made for if the substantial
ends ofjustice are to be thus trifled witt?
Has society no rights that it is 10 be thus
pushed about from post TO pillar or rather
passed from toe to toe like the veriest foot
ball? Is there any certainty or dignity or
equity or common sense in the admins
trstion Of law, or is it simply a system of
traps and catches framed for the purpose
of protecting criminals and worrying soci-
ETY.? Murderers and other criminals it
seems cannot get their rights without the
interposition of the higher courts, and
things bave reached such pass that if they
can raise money enough to fight their cases
through, they fly to the courts of appeal as
eagerly as fox takes to cover"
The old adage that "money makes the
mare CO." finds an apt illustration in this
case. Mrs. Glenn has money, and her law
yers are about to clear her in spite of the
evidence. A poor fellow by the name of
O'Neil, who was hung in Atlanta a few
days ago felt and expressed what money
could have done if he had only been the
happy possessor of a plethoric bank account.
He had killed man, for which he was
tried and condemned TO be hanged, and un-
de- the gallows he declared that he had done
the deed in self-defense. In that little
speech he said: -...---
81 believe that if Gov. Smith would give
me time, could prove my innocence, |
have an important witness, but | don't
know where he is now. suppose it won't
do meIany good. have given up all hope.
| am apoor man and that is the reason
why l am here. II had money | could
come out of this. Other men as guilty as
| am, are allowed to go free. l have had
some friends, great many, / reckon.
Wbea l got into this they forsook me.
As long as l had money | had friends.
Now have no friends; God is my only
friendn
That tells the whole story of criminal
Jurisprudence, as administered in MAORI
ty of cases. If the criminal has money he
can hardly fail 10 escape the extreme penal
ty of the law, if not punishment altogether.
Bltif he lacks that essential quality" he
will be apt TO meet the fate of ON Il, who
attributed his "taking off" TO the fact that
be had neither money nor friends. 1t is
certainlys calamitous state of things which
thus permits money TO give immunity to
murder, and the consequence is that violent
crime, which was once chiefly confined to
the lower classes of society, now
fourishes among what are common
ly called the higher. 1t would seem, if
there were to be any difference in the treat
ment of criminals, it ought to be manifest
ed in favor Of those who are without tie
advantages which wealth and position give.
Morally they are less culpable than per-
sons who have been brought up amid the
refining influences which are usually sup
posed to attend the favorites of fortune,
and, if the law leans to mercy in any case,
it should in theirs. In fact, however, it is
the rich scoundrels who go unwhipt of JUS
tice, while the poor have to pay the full
penalty for their offenses.