Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-12-19
THE LATE HOMICIDE.

Assuming that the killing of McLaugh-
lin by Cox was in self. defense, as nine of the
Coroner's jury say, then it rests upon the
fact that Cox denied, in McLsughiin's
presence, that he had "killed him like
dogs" that he did not act as a murderer,
and that Mclaughlin was armed as Cox
charged. The testimony may have been
sufficient ID that effect to satisfy jury,
but even if it had not been it is improbable
that Cox would have been charged with
murder, just as it is improbable that he
will be convicted eventually. The Coro-
ner's jury was ready to seize upon even
the slightest pretaxt to justify the act OF
Cox. There is a growing and dangerous
tendency on the part of juries OF all grades
to arbitrarily pass judgment They know
that they cannot be punished for their act;
that for the moment they are supreme;
that to them, in a final trial, everything is
committed, and they are vested with a
power not subject to review. These things
tend to lessen the value of a jury oath-it
is chespensd by tae power it has. So, YER
diets are becoming moro and more the re-
suit OF prejudice and sympathy whenever
the character of the trial arouses the one
Or the other; and to the student of hu-
manity it is apparent that it is impos-
sible to counteract the tendency by legis-
lative effort or Judicial rigor The remedy
resides in higher standard of morality;
in profounder conviction of the duties Of
citizenship, and in deeper sense of the
obligations of the trier. But the source
OF the law is in the people. Behind form
ulsted constitutions they stand. Back of
law in free government is the vital force
which is found only in the will of the
ruled. They make laws through the agency
of a representative system, but a mightier
system, more subtle agency, unmakes
them-and hence we have dead letter laws,
submission to the violation of law, the re-
fussl to sanction the enforcement of stat
uies, the cool disregard of legal obliga-
tiors. Free government is, after all,
matter of human trust-the people very
often refuse to trust the laws they make,
and rudely restore the delegated power to
their own tIusteeship. 1t is not to be de-
MED that public sympathy in the Nc.
Laughlin.Co Cox case is with the killer. Few
voices are raised in his condemnation.
There is throughout the communities of
the State On undercurrent Of approval of
his act. Long worsted in a legal strug-
gle with a man Of much means, beaten
from post to pillar and deprived of his due,
this man, if guilty, simply took the law
into his own hands, and avenged his wrongs
in the blood OF his oppressor, and, how
ever guilty, we do not blame him." This
is a brief formul ,tion of what very many
men think and say Of Cox. We need not
pause to analyze this dangerous sentiment,
nor point to its vicious tendency-it is
obvious to the dullest intelligence. But
1t testiies to the fact that men very often
feel that they have no need of laws to rule
over them. They fly in the face Of Plato's
statement of the great truth that no man
born is SO d.v.nely gifted that he can nat
urally apprchend the truth so as to have
no need for law to guide or control him +;
that "msakind must have laws and con.
form to them, or life will be as bad as that
of the most savage beast" a
trial jury mNy decllre Cox guiltless +;
may find that indeed he had reason to fear
for his life from an assault by Mclaughlin /;
but if these points are not established we
still shall not be surprised to see Cox &C
quilted just the same, although his finan.
ciol difficulties came upon him, it is clear.
from the faulty nature of contract
against which. 1t Is alleged, business
prudence would have guarded q fair.
ly cautious man. His llck of disore.
tion in this respect was his misfortune
But we are not considering his guilt or his
innocence Of the crime Of which he stInds
charged, but Of the more important ques.
tion as to whether, if he did indeed murder
Mclaughlin, pubic sentiment justIfes him
and why it does so. 1t justifies him, if at
all, because he was unfortunate and poor,
and by the processes of the law, supple
menting bis alleged csrCl ,ssneEs in contract.
ing by which an undue advantage was
given against him. This measure OF sym
patty and Judgment between men by the
public is being more and more recognized,
becoming more tolsrabls in public thought,
and il suggests TIE question, how long viii
it be before it becomes q standard that will
bake on the form of enactment, if not by