, 1874-07-09
WHEN KILLING Is NOT MURDER,

WHEN KILLING I8 NOT MURDER.
Tho caso Of Congressman sloss mud tho man
Long, at Tusoumbin, Alabama, presents now
phasa OF tho question how far man puts bis
nfo In peril whom ho makes tho acquaintance Of
younR Indy. It haa been practically deoidod
by tho vordfcta Of innumorablc jurios that where
\ man has soduced m unmarried woman and
Eefusoa to marry hor, tho aforesaid wonan. or
hor father, or brothors, or any otLer re1ativo or
guardian, may lawfully kill him. It has also in
li1so manner been established that whore. man
makes tho acquaintance Of a married womau
living with her husband, and tho two arc guilty
of tmpropEioty, tho husband may shoot the
man; or, when tho husband and vito arc living
apart from ono another, the separation boing
tho resut OF tho neglect or brutality aud gon-
aral viosousnoas Of tho husband, aud she
has any intimnto friendship with Bono
other man, tho husband may alny that
man without any legal responsibility
Thta doctrine has boen carried to the extreme
point that, oven II tho wife have obtained 8
divorce from her husband because Of lila per-
Bonat dopravity, mud she contemplates marriage
with, or ts befriendcd, supported. or aided by
another man, tho husband may dll that man.
and juries will acquit him.
Tho sontimentality Which has worked thia
revolution OF the hitherto established law of
murder has boen refined still further, and 1t las
been held TINT In casos whoro husband las
avenged his wounded ''honor," the queatiou
whether there had been any criminal correspond
enco between the wife aud the murdered mnn,
or whether tho man was the Heducer or tho
acduccd, Was wholly immaterial, 30 long as tho
husband ASSUMED such to be tho case, and acted
Oh that hypothesis. Up to this case in Alabama,
tho accepted doctrine Of juries governing tho
relations Of mon and women may be thus
summed up:
l. That 1t is not criminal In any woman to
shoot and kill man who has aeducod her. or
whom she chargos with having scduced her and
refuses to marry hor; nor criminal for any
father or reatiye to kill the man under auc1
circumstances.
2. Tint it Ia not criminal for any husband
living with or separated from or divorced from
no "A'o W A4a' "a5 HAL "Ho Aas improper fela-
lions with the vito, or whom tho husband may
eaapoeS " "Seuao VI "aF4"s suou fel"''ons'
THIS Imagination can hardly couceiye Of a moro
liberal expansion Of tho lar OF iuHttaable horui-
e'o' '1S 'D' e'os' oaoo ''""soe"os all pfeoe'
ee't'a' ~'3 'Ap""ea sue ooats'u' Fess "fae's'
"eF.' s'A' o''9te uAA' a'o0' "'At ~ JUL
s''''' ~''D''.' 1'''' so"ns n'au nataoo
1.0o6' ~ 1e'p'o'"D'o p".'n'aso' oo'' AAe "os'
'oee ''A ~ 'A' A,ea'u' "a Wv t"oo fanny
~ ~ ""' "o.A' 4'Aao 'o'e ~ 'ne o.usn'or OF
44A' e'o''' Auas s'n"'iA7'.' "pon u'sco'er'ns
Wv A's'' AA"'''a "'s ot0Atpto'a' " soo
s"~n' A,o 'o'oaN'e A'o"s 'la'''ns h'S honso'
" VIC 1o'e4' na'4"s a's 1o'tnef @equalof-
""~'' Aoos aoe"s W n"Fo aceepteo tno
'''1"'on ~ -. 10 ~ u''eoa''nuo nlS aeqaaih1-
..~' VIVA 'o7 4"A'..'' 'os aAo n''7oiean1 'ooA
a.D ~ Aatb'u" a'' 4otnes H"eosneafe'
WA. ~ a"'1 " 1'1 4A uot a'a'ea 1ussher thah
1na' Af' olosS' On returning home' "as told that
Aoae haa oecn s'@naeslng h's daughter, where
upon @r. e4oas 1oaoeo MS gun with buckshos
anu awaited has opportunity Long was an la
oltual lounger IN tho neighborlood Of public
| house at Tuscnnbia, aud could DO found tharo
at any time. He had been admonlshod to leave
town. Us siosH, On his return. might be expectodt to
| Shoot When sloRe started out to kill Long, ho
did not 60 to tho placo where ho know be could
hud him, but stationed himself in an uppor sto-
~ OF neiglboriug building whera ho could
aec him as he paused botweon bis home
aud the public house. As expected.
Long did paaa through tho street md
was shot. ono buokahot entering his mock and
auotlor his skull. When sloss had, as 1o sup
posed, killed Long. hedescended from hta place
Of eoncoaimsnt aud surrendered hin,solf to tho
authorities, and subsequently was discharged.
HerA H n m "a yv1,inI II, allan t1rooo ,,,,,,
were gentlemen and assassination was doubly
disgraceful as = cowardly crime, would have
been pronounced deliberate murder: but ao-
cordlng to public sentiment iu Tuyoumbla, it Ia
q case OF justitablo killing. It does not appear
that sloss over Investigated the slauders i'm
puted to Long. sloHs was told that Ills daughter