The Republican journal. [volume] (Belfast, Me.) 1829-current, 1874-01-29
The Protection of Human Life.

der consideration the bill entitled Am
act for the better protection of human
lite" introduced by Mr. Talbot Of East
Machias. The suggestions Of Governor
Dingley. rs well as the alarming frequency
Of murder, have turned the attention of
makers to the necessity Of revision
Of the statute providing punishment for
| that dangerous class of criminals The
bill above referred to is said to have been
drawn up by Judge Walton, Judge God
dard, and Hon. g. T. Talbot Besides
murder, the obstructing of railroad,
which causes DEATH is made n capital
! crime. Grand Juries shall indict for muir
der in the first degree, and the court and
jury determine the degree at the trial At
murder trial, it is provided that q court
shall consist of five judges, one Of whom
shall be the Chief Justice. and they shall
sit until the accused is convicted or &C
quilted. The execution shall be within
the Jail walls. No counsel for prisoners
shall be paid by the State, and six per
emptory challenges of jurors are allowed
to the prisoner, and six to the State The
warrant for execution shall be the act Of
the court and not of the Governor The
law to take effect May first, 1874.
The first hearing upon this bill, before
the Judiciary Committee, was had on
Thursday Of last week. A large number
Of interested listeners assembled in the
Representatives Hall. Judge Goddard Of
Portland first presented the views OF the
friends of the bill. in very able argument
Of three tourths of an hour He was fol-
lowed briefly by Rev. g. w Quimbv, in
opposition. The hearing was closed by
Hon. e. +. Talbot, who in an argument Of
great force and eloquence, called for bet
ter protection to the lives of the people Of
this State. He called attention to the many
brutal murders OF the past year. and es-
peciallv to those in Aroostook and Waldo
The lynching that followed in the first
named locality, he contended was the OK
preston Of the best people there in pro-
testing agansi tho present ins.lo-l,..e, l.,7e-,
that permits murdercrs TO escape punish
ment He spoke of a class of bloody and
brutal destroyers Of human life, rs be-
longing to the class OF dangerous ami
mails, that the safety of the society cannot
permit to live.
Section second of the bill has this pro-
vision:
Murder committed under the proy0c anon 81
Il great wrong, shall be OF the third degree and
punished by Imprisonment tor life or any term
of Years at the discretion of the Court. But
the great wrong TO effect the degree OF murder,
shall be proved by the prisoner to the ,atisfac-
ton OF the Jury to have been actually done by
the person murdered, and crime for which no
adequate legal redress exists.
This is the weak place in the bill The
term 80 great wrong is not one which
gives that clear and exact definition that
should belong to such enactments It is
Very indefinite. The temper OF men per
mits them to place very different estimates
on wrong. One man thinks very lightly
Of that which another considers a deadly
proyocation. This is well illustrated bv
the Mink case, to which Mr. Talbot made
allusion as one Of that class in which great
wrongs" are committed. and consequently
comparatively light punishment should
be assigned But it is a curious fact that
while on the one hand this great wrong"
theory is advanced to excuse her for the
act charged; on the other hand, the very
able and experienced counsel for the de-
fence set up the theory that DR.. Baker was
killed by some unknown person, actuated
by some unknown wrong; while behind
this was a theory Of the prisoners friends
that the murder was done by relative OF
the accused for the great wrong that he
had been worsted in !. horse trade by the
deceased Gordon, who has Just bee1
sentenced to death, probably found great
wrong Of sufficient proyocaton in the fact
that his brother had got a deed Of the
fathers farm. a few years ago a woman
shot another in Portland because the lat
ter had committed the great wrong of
sociatng with the others husband
But the advocates of the change will say
that the law requires the great wrong to
be proven on the person murdered. This
is to execute q man first and try him after
wards And if the semi-Iegal assassin has
made a mistake, who is to restore the
dead man, OF in any way make atonement
for the great wrong to him? But further,
by this bill the great wrong' must be "a
crime for which no adequate legal redress
Legislative body to seriously consider and
gravely prepare to put into an enactment.
| The constitution Of Maine has declared for
| fifty years that for every injury to person,
reputation, property or immunity, there
shall be legal remedy, promptly and
without delay. And shall the embodied
| wisdom of the State, for the year of grace
1874, seriously declare that in all these
years there have existed crimes without
redress, sufficiently grave to palliate OF
excuse the taking Of human life, and per
nit every person to be his or her own
avenger, with knife OF pistol? 1t seems
to one who does not walk on those higher
planes of intelligence and power that the
better and safer way would be to ignore
this dangerous portion Of the bill, and set
at once about providing remedies for this
class of crimes. Among the great wrongs
there can be no greater than that which
permits The citizen to usurp the functions
of the law, and become his own avenger.