, 1873-01-19

in consideration of the extraordinary facilities
they will afford for tie movement OF trains IN
the city.
THE APPROACHES TO hURDER.
The inadcquacy Of the prevailing penalties
to check crime is just now an important subject
of consideration in several Statos Of the Union,
in England, and in one or two of the Continental
countries While it is true that the average pro-
portion of crime to the extent Of population re-
mains about the same in epochs of five or ten
wears, there arc intermediate periods when crime
increases ut fearful rate, and criminals develop
q recklessness that has something like an infoc~
tion about it. Such period is NOW felt to be
upon us. The State Legislatures Of Illinois and
New York in particular, with 3 special Tiow to
the demands OF New York City and Chicago, arc
called upon to amend the statutory practices and
penalties in such manner as to provide suror
retribution for tho crime Of murder. Tho hope
is, that the laws of murder trials and appeals may
be amended that speedy Justice will be moro
practicable than it is now. Tho object in vie"
is to provide more certain means for enforcing
tho punisnments already prescribed BY law
There is a feature of criminal law and it's e1-
ecution, however, which seems to have escaped
the attention OF those vino have taken the mat
ter in hand, though 1t is intimately connected
with the crims q murder. This comprises the
present inadequacy OF punishment prescribed
for crimes Of violence that fall short OF murder,
and also the failure to enforce the extreme pen
a1ties that may bo dealt out to offenders
guilty of this class of crimes. Reference IS
made. to these offences against the pence Of tho
community, or the rights Of individuals, which
Lie in tie direct road to murder. The law OF
murder lays so much stress upon the intent to
kill that the intent itself Is as essential to tho
crime as the act of killing. The crimes in which
the intent is fully developed, though the act OF
killing is accidentally wanting, arc allowed to
pass with slight punishment, It not
condoned altogether. It is rare enough
that the1e are any convictions, followed
BIZ full punishment, fer the crime OF assau t
with intent to kill; yetsno large city passes
day without rows OF riots, shooting af1rays or
serious fights, manning and shedding OF blood.
Though all these events are removed from mur-
der By q mere chance that tho blow, OF stab, or
shot, did not touch vital spot, thcy arc either
! permitted to 20 unpHnished or are treated with
| penalties 30 light as to terrify neither tho
| culprit nor the dangerous ald violent classes to
| which he usually belongs. A few weeks ago,
| . ,n,n ~ 1-;1t;rn IN FpD1nnI IN which
four ruf1ians, with the familiar eagerness for q
fight peculiar to certain parts OF large commune
| ties, attacked IN inn-keoper without cause, and
punmelled and kicked him to death. It was as
plain case Of murder as il the killing hnd been
done with knife or pistol. The jury failed to
trent it so, however, and an English journal,
commenting upon the case, says that
! it is traditional practice OF iuries to re-
gard killing with blows or kicks as different from
killing with knives aud pistols, and to recog-
nize the distinction in their verdicts. The prac-
tico is the result Of the mistaken ciemency which
il found equally in tho Inv and in its execution,
that is extended to acts Of violence that do moi
prove absolutely fatal. Aman may be confirm
ed wife-beater; may bo brought up on the charge
repeatedly; may gradually wear out wonanf
life by abuse; may bring her to deaths
yery door by his violence, and get thu
ordinary police court punishment is hn'
with week OF months labor in the Bridewoll
Fights occur every day, the result Of unprovoket
attacks, in which tho victim may have his hoas
broken may sustain internal injuries that vii
shorten his life by several years; may lay hin
up SO as to keep him from work and deprive hi
family Of breod, get the cri me comes under sh
head OF common assault and battery, an
Is recognized simply by fine Of 81
or s20 or Bridewen service to correspond
II has always been matter .of surprls
TINT so many pistol shots coutd be fred, and s
, few people hit, but the lower Courts take U
, vigorous measures, and the law provides n
, adequate penalties, for controlling the tendenc
, to use firearms. If man shoots once and fail
to kill, his treatment under the law ia such as
encourage him to shoot again when occasio
, / presents itsolf, and to hold out an induceme1
to his fellows to shoot likewise. Yet it is obv
, | ous that there are no means for preventing {
checking tho crime OF mu1ue1 tnas "oulo pe
ef1icacious "a those which would prevent 9
| check the approaches to murder.
, It is to be hoped that this phase of crimin
law will receive the consideration of tho 11ino
Legislature, when it takes up the revision OF Il
law relating to murder trials. The laws prescri1
ing tho punishments for crimes OF violence th'
do not sctually rcsult in murder a
not only too lcnicnt In themselves, but they NJ
desec4iyo in leaving too broad . license to tk
!, Justices Courts Ia which thoso cr1moa III
, | tyiod. II tho number snd vioiousncss OF u