Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-05-22

man of learning, standing at the head OF
his particular department of science, OF
unquestioned influence, and having a
large circle of friends and acquaintance.
composed of the most respectable, emf
nent and wealthy citizens of Boston. A
flnal quietus was put to the clamor by
the execution of Foster, whose relatives
were influential and wealthy, and who,
upon the authority of Rev. DIR. Tying
ana others, was himself remarkably
bland, childlike and respectable. 1t hap
pened, however, that in some of these
cases, as well in those of Stokes and 9TH
ers, there were, or were supposed to be,
great doubts relative to the entire legal
ity of the trials by which convictions
were obtained, and, therefore, in order
to give them every possible chance for
their lives, as well as for the integrity of
the law and the safety of innocent men,
VINO might thereafter be uniustly
accused of crime, new trials were
asked for and sometimes granted
AT other times appeals were taken and
the cases carried to the court of last resort.
This was notably the case of Foster, and
with the result already full well known.
1t IS conceded that the object of estab-
fishing and inflicting penalties for the
commission of crimes is not for the
punishment of criminal solely, or even
mainly, but for the welfare of society,
and as a warning to others to refrain
from similar violations of law. This
being so, the safety of society must be
the better assured, and the example
more forcible, if the punishment is in
tllcted with cool, careful deliberation,
and with every guard thrown around the
accused, which the constitution and laws
of the land, as well as the accumulated
experience and wisdom of the past, has
deemed necessary for the well being of
all. The community Is disgraced, JUS
tice dethrCned and the warning futile,
the instant that popular clamor is allow
ed to dictate to courts and jurors. In
times of popular excitement, it may be
nay is,-impOssible to procure that
fair and impartial trial according to the
laws of the land, and by an unbiased
jury of ones peers, which humanity
dictates and the constitution secures.
The verdict of jury, selected from the
excited throng, imbued with passion and
prejudice, and swayed, if not controlled,
by the overweight frenzy of the hour,
il Of no more weight rs "A warning and
example, and is as much the work of a
mob, as ar the judgments of ''Judge
Lynch" and the summary execution of
the sentences of his court. English his
tory and law abOunds in lessons of the
danger Of too much haste in this matter.
The celebrated case of Freeman, whom
Governor Seward defended in spite of
threats of enemies and entreatics of
friends, is another illustration. These
guards, appeals and delays are but the
practically carrying out of the idea of
our Savior, that it were better that nine
ty and nine guilty persons should escape
fer. There is another idea, connected
with these delays of the laws that are
so much spoken of, that is important to
be borne in milrd.' We draw our illus
tration from Vermont, although the
same rule. prevails everywhere through
out the ::UInited States, differing only,
perhaps. in the actual sum of money in
volved In a civil suit at law, involving
even so small sum as ten dollars, and
in all actions for damages TO the person
or property, no matter how slight, the
right of appeal, stay of execution. ex-
ceptiOns and writ of error are sacredly
secured. So sacred, so necessary, are
these rights deemed, even i'll matters of
a few dollars, that no power exists
that can prevent the right of APP
peal Although stay of execution
NAV he, to certain extent, matter of
discretion with the Court, yet it has
come to toe regarded, and justly too, as
a matter of right, and is granted as such.
The courts of Vermont, mindful of their
liability Ia err in the haste of trial are
always ready to have their decision re-
viewed 10y a higher court, even in minor
matters. and much more in cases involv=
inc human life. The men who pirate
about the uncertainty of the law, and
it's delays, have different opinion when
ii becomes a matter of dollars and cents
in their own favor. They will invoke
the uncertainties and delays of the law,
claim and use the right of appeal, stay
of execution and the benefit of eXcep-
lions if, perchance, they may save few
dimes, or rid themselves of bin of
costs. This is all right and proper, but
while claiming and exercising these
rights themselves, they should be the
more willing to accord the same rights
to others, especially to those accused of
crimes, the penalty of which Is death.
1t seems to us that the experience of the
past two months have taught the most
obdurate, and satisfied the most blood
thirsty. that there is nothing so very
alarming in allowing the law to take its
due course, and that the safety of So
ciety is not endangered by giving to an
accused person every right and privilege
sacured to him by the laws of the land.
If these executions shall have produced
that result, it is matter of congratula-
ton and rejoicing. In these, or, rather,
one of these cases we find a further
cause of congratulation and rejoicing.
We refer to the case of Lusignani, who
was hanged in Morristown, New Jersey,
~ IF xub;a