Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1883-12-06
The Law OF Murder.

Through inability to get jury ia
Fayette county from men who had not
formed an opinion as to the guilt or In
nocsuce OF Mutt, In Staying Dukes, the
trisl has been removed to Pittsburg,
where tho friends Of Mutt declare that
they expect to have jury that VIII
scouit, since they think public opinion
there is strongly in favor Of the prisoner.
n this be 30, there ought to be the same
dificulty In getting an impartial jury in
Allegheny county as in Fayette. One
boon to the newspaper reading public in
the removal from Fayette will be their
release from the necessity of reading the
dispatches which have been sent
from Uniontown by the associated press
agent there, who has constantly given
most grossly partisan statements IN this
Mutt Dukes matter, and has exerteu
himself very unjustifably to create a
public feeling in favor Of Mutt. IL Is
quite probable that such feeling exists
generally, and that in any community
Mutt would have fair chance OF acquit'
tai. When we 6nd lawyers, who claim
to be esteemed even in the front rank OF
their profession, claiming that Mutt
should be acquitted, and that in his place
they would have done just as he did, ii
II impossible to measure the degree OF
extravaganza In lawlessnes to which pub
lie feeling will lead the public judgment
Ex-Judge Curtis Is the lawyer Of
reputation who is said to have seized an
occasion to declare that Mutt should bC
acquitted and yet Mutt was clearly
guilty Of murder in the eye of the law
Mr.. Curtis would hardly deny this
Mutt shot a man to death, with whom
he had at the time no encounter, but
who, In fact, was avoiding and ever
fleeing from him. 1t was not done in
the heat of conflict nor under fear o.
assault. For such an act, done by ont
In sound mind, there Is no possible delln
ition but murder. Aud yet Judge Curti:
says that under like circumstances h'
would have done the same. He does no
therefore consider that it was al
insane act he could not do 81
without pronouncing himself insane
concerning which, we may incidental!
say, his position in this matter
affords strong presumption that he is al
least cracked" on it. Perhaps his
theory is that Mutt was deranged on the
one question of the necessity for his
shooting Mutt which is quite likely to
have been just the fact and the ques-
tion to be determined on his trial is
whether man who thinks 1t his duty to
slay another, and who does it deliber-
ately and when he is in no peril from
him, is thereby guilty of murder or OF a
praiseworthy act of divinely directed
justice.
The idea seems TO be becoming quite
prevalent that the law ia played out as
the arbiter of murder, especially in cases
where female relatives are believed to
have suffered wrong then the brother,
the father or the husband is summoned
to act; II he should happen to be wrong
in his information, and kill an in
nocent man, 1t is somewhat un'
fortunate, but still his praisewOrthy
intention redeems his act, and be is en-
titled to acquittal IL not applause. Phil.
Thompson, now member Of Congress
killed, since the last session, in cold
blood, friend whom he suspected Of
having wropged his wife the wrong
was not proven and probably it was @
mistake but Phil Thompson was &C
Quilted, and now appears on the floor o.
Congress instead Of on the gibbet, which
he certainly would have adorned il
justice had been meted out tC
him according to its theory. Mutt
was no more guilty than Thomp.
son. The deliberateness of the slIyinG
In each case was marked, and in each
case the slain man was fleeing
away. The victims were unarmet
and were simply slaughtered. W,
await with interest to see whether
In Pennsylvania as In Kentucky sup
posed wrong to wife or sister will jus
tify such deliberate murder. II it does
we will need to amend our laws, ant
dispense with public executioners. Thu
let US give free play to private yengearc
and have the vendetta in all its IuxurI