The Hartford herald., 1885-12-09

clergy to those who could read the
bible
There are many defenses now allowed
that nre So underlined and indefinahle
~ largely L. defeat the punishment Of
crime. lt is difficult, admit. 10 fix
standards To measure human actions or
determine the weight Of moral evidence
but uecaUSe II is difficult j. no ruflicient
reason for throwing aside all the means
thal the experience of centuries has
proved efficient. In The dnv- Of tldnn
and story, uf Mtn~ii I'LL and Marshall,
th' doing at a wicked act ~ "a wicked
manner was presumed To- indicate "A
wicked intention Not SD nov: the
law has been modified uf Fate. Th- in
tent with which u wicked act J. done
though done ia wicked mariner
an open question Ia be determined yea
or nay ~ the jury deem proper ia view
ul all the evidence. am not unmiud-
ful of the arguments pro and con on
this question, hu' the old rule wa.
better FOR practical Justice than the
new.
The doctrine of reasonable doubt IL
hurled AZ the heai- Of every jury, who
duck and dodge from II with little
or no tangible idea of what it
II or what IL means. \ great many of
the jury, uf the less virtupu@ sort, regard
u ~ vesiiug them with "A Judicial dis
cr"ti"u &" convict or acquit a. wrath or
mercy may have asceniency in their
hearts. II the court could explain what
a reasonable doubt >iguilied anI say
that II could rest on "a reasonable, seu-i-
bic, consistent though uuppveu theory
OF innocence consistent with the facts
proven or iu some other way define,
limit or Illustrate n, IL would be helpful
to conscientious men. But the un-
skilled Jury hv their unaided reason
from the naked term must deluce the
rule. A. II operates to-day i'm the face
of strong facts il acquit-, tomorrow it
fails 10 rescue some unfortunate man
enmeshed by weaker circumstances.
| Tie difficulty lies in the uncertainty of
application. But court wiser and
higher than this has advised against
definition or explanation.
Heat and passion and self defeuse-
WHO can deduce n rule from the YER
diets pf petit iuries in which THESE de
| fences have been sustained: Such ver-
diets have illustrated how little jury
may understand of these questions a.
tri'l~ are AT p eSent conducted.
Insanity promises tn be the winning
plea OF the criminal for the future,
Judging from it, phenomenal success in
the past. Its power and value To the
defendant lies i'm the difficulty Of defin-
ing or limiting or measuring il. Be
tween perfect mental equilibrium aud
the first clear mark of insanity u "a
wide territory, occupied by every de
gree of eccentrlcity aud folly. On this
disputed ground in every ease of EN-
ergyncy the defendant locates himseI.
Ii does rot escape the obserNant that
the great mass of criminals lack com
mOn sense. They know light from
wrong well enough, but they miscaIcu-
late their wicked intentions They can
ste tut cannot hide. \ crime is com
mitIed in the face of certain detection.
IL Is done without adequate motive
One steals that for which he has no
use. Another murders one nOt his
enemy. All will agree in reviewing
the act that it was very foolish, and
from this premise it il very common
To declare me must have been insane"
l5ut who ever heard of "A sensible crime?
There is no such thing y sensible
man may commit "a crime, because "A
sensible man may do n foolish thing
But AS "A rule the criminal class may be
set down a. "A set of fools deficient in
goo sense. They are not stupid, but
they do not perceive and ioresee. As
We commonly say,they are unbalanced
Vet they are usually crafty cunning
and full of eXpedientS. Their chief de
feet is lack Of moral strength and moral
perception. 70 them truth, honesty,
fidelity are ahstruse terms, but vaguely
apurehended. Tire motives of honest
people have no force in their natures
They the honest and the criminal
class are in fact as different ~ differ
ent races Whoever has gone through
a prison has been struck 10y the apparent
similarity of features and expression OF
one convict To another and each tn all.
| This impTes lion is not accounted for
by uniformity of garb, for soldiers do
not 81 resemble though in uniform.
Convicts think alike, see alike, reason
alike have the same experiences and
aspirations, aud 50 they harmOniZe
Morally they are as distinct from the
mass Of honest men, a. the MOngOlian
from the Caucasian. But while all this
is So, they are not irresponsible. Al
thuugh not appreciating the distinction.
they know right from wrong, and have
uudOubted will-pOwer and intellect suf-
ticient to govern their actions. Yet
from The moral contrast | have been
pointing out, the juries but too often
guess insanity.
While | have undertaken thus hastily
to call attention To some defects of our
jurisprudence. do not say that com
plete remedy j. possible, but merely
suggest what | take to be defects,
leaving To others the labor of devising
amendments. While our best wisdom
should be expended i'm amending and
pcF:ecting those vital laws that affect
the well-being of society, vet the best
laws are eflectual only rs they are faith !
fully executed Bitter execution uf
th- laws We have would of itself be
reborn. Grand juries aud courts are
charged with the duty of enforcing the I,
law. Vet their lab0rs however faithful |
cannot be completely successful except |
as seconded by an active aud sound |
public sentiment. Public sentiment Is /