The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-01-16
rnr A.IyGuaID mcRDER min.
Extraordinary Ruling on Tr-iimonv which
Shouid have been Excluded.

To THE EDITOR or THE SUNNI: have
read with great interest rho Granhic accounts in
1Hr ~vS of the Lnpage trial in New Hampshire,
ana not surprised at the result The ac-
cused wa. on Trial for the murder Of a girl,
the allegation N the prosecution being TINT lie
first rayished her. To prove the probability OF
the rRvish rcnt Of the accused the Court permit
ted the prosecution TO prove that the prisoner
had been guilty " rape years before In Canadl
and that he had followed female. or fem les.
some time before tne cuIninirsipn of the alleged
offence. under circumstances eyIucing al ia en-
tinn 70 rayish, and the judge. In commenting
upOn the evidence 10 the Jury. sHid they mirht
con slider II for the purpose OF Throwing light
upon the disposition, a., Of the accused
r. lnwy or, these rulings and this charge NJ
the judge, seem sim uly mOnstrOus. H. was In
dicted, II YOU pie -. for the ravishment aud
murder %, tue en- Ltnemaid, and led FOR not
alleged to have been committed yeHrs before
Was such decision ever heard ~ before IN u
country boosting y the RIGHT ~ tri ! by ilryy
What becomes Of the PROVISION - the Consii-
tuil"n Of ne United states article % that the
accused shall he inf lrlneI of tho nature
and cause ofth accusation" " Lapare can be
Indicted for the uurdar OF tho girl Iangmaid,
ana De tried Tor tho rape 81 the girl kpusse i've
man for his HE under such rullngsY As well
might this man have been tried by the mob
when was eager 10 lineh hinl' rs DY Court ad-
mittlug such evidence. II such railing had
been made ny judge infamous IN the judicial
proceedings IN his court, and VINO sits in court
simply 10 punish his outmies, ana 10 reward his
friends, we could uaders and such rulings but
nns4ch impntltiOn T. made against the New
iiampsnire Court, except. perm ps. that the
Court was unconsOiOusly influenced by the pom
ular clanor for the blood # l.apure.
SIR Matthew Hale u Hale =. u, 6ibl, inst lad Of
pursuing the course adopted by the New lamp
shire court. regarded rape Us - case calling for
uuu .ual caution ON the part OF the judge and
the jury. lie SAYS;
II !, true that rape Is most detcstabie crime.
bui 10 must he remembered ina IL r. accusation
Easily TO- b. tdr hard tu be proven, ald haraer 10
De defended by the parry accused though never in.
nuCeAt.
lie then mentions several cases OF unfOunded
and malicious PRESCRIPTIONS for rape, aud among
them "A remarkable trial before himself where,
although said rape WIS July swOrn," the
charge turns out upon Inspection ~ be utterly
false. He adds:
/ only mention these instances that we may he
more cautious upon trials OF offences OF this nature,
wherein tald Court ana jury may with 80 much
imposed upon without great care ana vigilance the
hclnOusnes Of the Ohence many times transporting the
iungc ani Juy win much Indignation that they arc
rha-tl carried u the conviction Of the person
cused thereof by the confident testimony sometimes
OF malicious and talse Witnesses.
| predict this conviction Will be reversed II
Just and humane rules Of sound common law
prevail in the state OF New Ham, shire.
Yours, Ac., IRA SHAfEh.