New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-07-08
THE NEW MURDER LAW.

THE NEW MUhDEh man,
The little experience we have had with the
new law of murder is fruitful in suggestions.
Two cases have come before the courts since
it went into operation. The first was the case
of WalwOrth There is an impression on
many peoples minds that this young man has
made a lucky escape from the galOws, and
Judge Davis, in passing sentence, very plainly
intimated his opinion that the verdict ought
to have been murder in the first degree. But
at the time of the trial that was probably not
the sentiment of the majority. The defense
was exceedingly adroit and we have very
little doubt that had the. old law been
in force, with its obscure definitions,
its numberless opportunities for le-
gal hair-splitting, and its one re-
voting penalty for the highest grade
of homicide, the result would have been dis
agreement of the jury. The definition has
been simpliied, so that it is no longer easy to
bewilder the jury with entertainments of
argument; and ii is practically left to their
option to substitute for the penalty of death
sentence of perpetual imprisonment, mitigated
by the hopes of pardon 1t is understood that
several of the jury were in favor of convict
ing WalwOrth of murder in tho first degree,
while others stood out for manslaughter; and
vet, with only few hours deliberatiOn, they
were able to compromise on a verdict which
spared the sensibilities of the most meTclful
among them, while it substantially satisfied the
outraged law.
The second case was settled while Wal
worth was ON trial. 1t was the case of Gillen,
the young ruffan who stabbed his wife in the
- fba
lection Of her father. That case was so very
clear under the new law that Gillen entered
plea of guilty in the second degree, and
the court accepted it. Probably if the case
had gone to trial under the old law, this man
would have been hanged; but we have seen
so many criminals escape their deserts that
we can never feel a confidence that capital
punishment will be inflicted even for the
worst of crimes. IL is not likely, however.
that he could have been convicted of murder
in the first degree under the amended statute,
which defines that offense to be killing "per-
"petrated from q deliberate and premeditated
design to effect the death of the person
killed or of any human being" Upon the
whole it is probably as well for the public
that Gillen goes to Sing Sing for life.
murdcrers are not to be hanged, we should
retain capital punishment at all7 And we be-
lieye one Of the most important effects of the
new law is likely to be nothing less than the
gradual abolition of the death penalty. Obvi-
ously it is only in rare cases Of poisoning and
of other murders long plotted and prepared
that prosecuting officer can fairly expect to
get verdict in the first degree. The I" de-
CELEBRATE and premeditated design to effect
death can very seldom be proved, and can
never be taken for granted. If a burglar Stay
some one who surprises him In the act Of rob-
bling a safe, he cannot be convicted of muir
der in the first degree under this law. The
Nathan murderer could not be hanged under
the statute as it now stands. 1t would have
saved Foster from the gallows if it had been
in force when Mr.. Pstnam was killed. In
the face of such glazing inconsistencies We
need not expect the extreme penalty to be
enforced at all; and when juries have learned
to disregard it ip their verdicts it will stand
fair chance of being removed from the
statute books. 1t is already apparent that
convictions are much easier to obtain when
death is not to be the consequence of them.
The reluctance of the average citizen to pro-
pounce the fearful and irreyocable doom
against his fellow man is almost irresistible.
It ia this natural repugnance to barbarous
punishment which has given scandalous I'M
munity to homicide, far moro than the lntrl-
cacies of the laws, the laxity OF the courts, OF
the tricks of shrewd counsel. We see already
that when perpetual imprisonment Is IN pros
pect, murder trials will be very different from
what they have been hitherto.
The law of course must be amended in some
of it's details. 1t is loosely drawn, and
there is apprehension that it leaves loop
holes by which certain classes of criminals
may escape altogether. One more reform will
then be needed. The pardoning power of the
Executive must be either greatly restricted or
altogether taken away. IL might be provided
that the Governor should have no power 10
pardon a convict sentenced to life term for
murder. or better still. the privilege OF elem