Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1882-01-25
Hard Headed Justice.
Mrs. Muioct. Crdik.

Hard Headed Justice.
II we can Judge of the administration of
the criminal law in Scotlani by trial
which took place fortnight back in
Glasgow, it is mighty we'll tor Guiteau
that nc was not brought to the bar OF II
SEQ, tish court. On the 9th ult Thomas
Fergu on was arraigned in the circuit courl
of Glasgow for the murder of his wife four
months before. The prisoner pleaded not
guilty. and, in addition, lodged a special
plen that he was insane ut the time Of the
commission of the crime. 1t was shown
that he had been confined in an asylum
tor five weeks in 1874, owing TO an attack
Of insanity brought on by intemperance
Since then he had, at times, been subject
to hallucinatIons, and. on one occa Ion.
bad gone so far astray ~ to believe that
he saw on the street II man long dead.
The trial showed several features strange
to an American eye. In the first place.
the presiding justice. Lord Deas, held a
very tight rein over the counsel on either
side in regard TO the examination and
cross examination ofthe medical witnesses
He obliged them to keep their questions
close to the point at issue and strictly
within the limits contemplated by the law.
Here is specimen of the restraint which
he placed upon Mr.. Burnett, the prisoners
counsel, during the examination of a prac-
titioner who claimed considerable expert
ence of cases of insanity. Mr.. Burnett
had asked the witness "whether he re-
garded the prisoner as person of vigor
GUS intcllectP" The judge broke in at
once, "That is not question to ask
doctor. We can all judge less or more of
the condition of ones intellect. Ask some
inteligble ques ion.' The counsel. try
ing again, " Do you think the prisoner is
u man of strong mind" The judge You
may put it so, but the question is very
equivocal" The counsel, tacsing second
time, "What opinion did you form of the
mans force OF characterp" The Judge.
" Force of character! That will not do"
The counsel, in despair, may ask him
what opinion he formed of the man s
mental qualitiesP" The judge, That is
not question for a doctor" The counsel,
getting in line last, What opinion did
you form of the prisoners state of mndp"
Tne Judge, THAT may be something
Stop little till get your question down."
the question made its way to he witness.
Obviously there is wide difference in
regard to latitude in examination between
Lord Deas and Judge Cox. Yet it must
not be imagined that the Scottish judge
was biased against the prisoner. Far 9th.
erwise. His impartiality was quite as
undeniabe as his determination 10 pro.
tect society against legal chicane. He nev
er swerved from the true judicial position.
The charge cut a broad straightforward
through the weeds of sophiSt-y and senti-
mentaism. Lord Deas told the jury that
he point upon which the case turned was
whether the prisoner had sense enough to
know that murder is contrary to the law oil
the land. lfso, then he had wilfully bro.
ken the law, and must take the conse-
quences, The clear hea led judge declared
That the prisoner was responsible. If sane
enough to know that it was crime to kill
his wife "A man could no.," said Lord
Deas. "go and kill as many people as he
liked, and claim that he was not liable to
any punishment because at one time he
hnd be insane. If that view of The law
were taken, hardly anybody's life would
be safe " Then, tempering justice with a
faint dash of mercy, the ch,rge threw
open narrow loop-hole for a reduction
of the capital sentence. 1.-The prisoner.
though not so insane as 10 excuse him,
might, perhaps, have been in such weak
state OF mind as TO justify the jury in re-
urning a verdict OF culpabe homicide in
stead Of one of murder. That, however,
was a matter which they must determine
tor themselves. They were qdle entitled
10 find the prisoner guilty of murder if
hey cnose" The Jury did choose, and
IN short order. After delibel rating for half
IN nnur, they brought in verdict of mur-
der against the prisoner, coupled with
recommendation to mercy oD account of
The weakness of his mind. Then came
into view:a yet wider difference in crimln-
al procedure between Glasgow and Wash
ington. Alter stating that the recommend
alton of the jury should be brought to the
notice OF the crown, Lord Deas assumed
the black cap. and proceeded to pass sen
tence of death And this is the ignomni-
GUS doom which follows conviction for
murder in Scotland: The sentence of
the court a'ljudges the said Thomas Fergu-
son, panel, 10 be carried from the bar TO
the prison of Glasgow, therein 10 be de-
tanned and fed on bread and water, until
the 18th day of January next, and then.
within the walls of said prison, to be hang
ed by the neck, by the hands of the com.
mon executioner, till he be dead. And
ordains his body to be thereafter buried
within the walls Of that prison, and bis
whole movable goods and gear to be
escheat and inbrought to her majesty's
use. And this is hereby pronounced for
doom " Assuredly Guiteau may thank
his stars that in this country justice as
sumes nilder meiD than the sour, grim
aspect which she shows to murderous
"cranks " in Scotland.-B Boston Herald.