The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-06-22
THE cURRrg CASE.

Inc GuFrls case IN Tvs tfSb PuHH" ~ sou
oat by the jury at Marshall on Saturday
uas the all absorbing topic Of discussion
in this city yesterday and tho Day before.
Surprise and disappointment at the result
Of the trial were the very general if not the
universal feelings manifested. The eyes OF
the country we're turned to III section Of
the state and all ears we're ready and eager
70 Iearn what would DO our Texas
course 10 supplement our request
long since preferred VIZ: that
the world do not PREJUDICE our state, but
that Il should suspend opinion until reg
ular trial could be had under the forms Of
law. That the country will be disappointed,
whether surprised or not, for We have..sone-
how come 10 DO the butt of ridicue in the
matter Of our criminal affairs, may be ad-
mittsd 10 be a fact as potent as ia the fact
of surprise and disappointment in our midst.
That Texas will be- abused from Dan 10
Beersheba that Kansas, Missouri and the
other states now 80 diligently at work to
secure for Themselves the immigration
that ia pouring 10 these shores by
the hundreds Of thousands, will seek TO take
advantage Of the unhappy circumstance, Is
equally to be admitted. That the politicians
and tho partisans adverse 10 the Interests OF
this state will urge this result as illustrative
Of life In tbs south. We win be at.once made
to feel. But these are not Of the questions 10
be considered, however lamentable may have
been the homicide, however disappointing
may be the closing scene OF the bloody drama.
Better that dozen Curries 90 free under the
law, than that law, well defined and posi-
tive, be wronged TO crafty popular mo-
nentary feeling, or because of a fear Of criti-
ci,m from our neighbors, be these friends or
foes. We are not censuring tho jury, who
are supposed 10 have discharged their duty
under the sanctity Of their oatbs,
nor the Judge who Ia TO be pre-
stunned 70 know the law, nor the
attorneys by whom the trial was handled /;
but the case az whole Ia dscoursging 70
contemplate In the interest Of humanity.
That man who hides himself behind a
mask, DO that mask thing Of cloth or steel,
or invisible darkness or drunkenness, may,
with deliberate aim, shoot down a fellow
being against whom he has not oven a
nF trtauaprn ~ thu
vslorous defence Of insulted womanhood--
chivalrous act admired In frozen re-.
gions or In sunny climes--and yet 10
allowed 10 roam vt large for other prey
whether In obedience 10 insane brain or ma
licious heart, we submit 10 not an encourag-
Ing feature of the civilization OF the day. In
tho case at bar tho facts were too strong,
tho evidence too ample 10 permit shadow
of hope by way of denial or rebuttal,
hence tho only chance of Curries lawyers
was to set up and sustain the plea of insan-
lty, and In its success to secure his pcquittal
on tho ground of oxcusabe homi.
eide. Tho accused WAS intoxicated
no was laboring under mental aber.
ration, no had case Of Hypothetical or par
oxysmal or emotional insanity, hence there
was no intent, hence no crime, hence no pun
shment. THIS Is tho law and Judge nor iury
can go beyond 1t. The state of Texas hai
done Its duty In the prosecution Of this case
Able counsel, honest Judge and honorabl,
jurymen were in the cause caring for its in
terost, and were but instrumentalities, agents
servants In the hands of tho law. That law
oxompts from penalty the act Of
n homicide resulting from diseased
brain. BY four physicians unimpeachod
and unimpeachtbo the case of Curre wa
shown to DO such rs Is embraced within the
exemptions Of tho law prevailing in nearly
all these states, and yet too, within the NOR,
restrictive ono of Texas, and. the verdic
therefore Is only such nm one as would hav,
to be rendered in any other state under
similar condition Of things. We may lamen
tho frailty of tho human mind that sits il
judgment on the human mind, and feel dis
couraged nj tho nnrrowness Of tn
acumen that imposes taxation 70
the security of life, limb an,
property and yet allows tho innocent to b,
shot down, while he who commits the act o
hurting into eternity with tho audiences O
u lightning flash, his fellow being the sup
porting head of dear family, is permits
to 20 at largo--all this avails Taught we hav
10 tako human nature rs wo find II, and tn
: law as that nature gives II to us. But 1t
, very poor encouragement TO tho wcllbclovo
and peaceable and law-abiding citizen Will
. II 10 delicious of contemplation to tho viciou,
: ly inclined. He who has grudgo again,
, another has only TO transgress III
, social law IL he desire the aid of the statute
Ho has but TO put an enemy into bis mout
TO steal away his brains, a haunting serper
that hics him on tho dirc deed, stopping u
tho channels of discretion and reflection, 1
that sober humanity shall not speak
hating conscience TO shake tho fell purpos
and thus tho law shall ind excuse again
tho bloody instructions that tho wicked hes,