Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1886-06-17
THE MCDONALD CASE.

The Mcdonald case, in San Francisco,
is further testimony to the social fact that
men will rarely be convicted for killing
those who insult the wife, no matter who
she may have been before marriage or
what the foolishness of her conduct after
marrying. Mcdonald did not deny the
killing Of AIish, nor was there any con-
cealment Of the fact that Mrs. Mcdonald
had been extremely foolish in her rela-
tions with Mish. There was a showing
made, but substantiated only by the testi-
mony OF the defendant, and some strained
construction of evidence concerning po-
sitions of the parties that Mish, after APP
plying a vile name to the wife of defend
ant, put his hand behind him as if to
draw a weapon; but no weapon was found
on his person. Mcdonald fired and killed
him. Though the man was fatally
woun3ed, he ran before falling, and Me
Donald pursued and again shot him. OF
course the Judge charged the jury that il
they believed the defendant shot in self
defense, they must acquit him, and also
that the act of defending may rest upon
the appearance of danger, even though it
turns out that the appearance was false
The jury unquestionably based its verdict
on the testimony of the defendant that he
believed Mish was about to draw a weapon
when he used vulgar language concerning
the wife of defendant but it also unques-
tionably considered the language used as
proyoc&tion and justification. So it will
remain and go to the world that Melon
aid was acquitted of the killing of a
human being because the man made an in
decent assault upon the wife of the de-
PENDANT, and did more than attack her in
tegrity, for he sticmatized her as devoid
of virtue, and as being strumpet
of the town. Whatever the refine
Z ments OF the logic by which this
verdict may be defended, it will remain a
warning to all men who assail the wives of
other men, that they do so at peril of their
lives. Unless the killing in these cases
was clearly in self-defense, or done under
that belief, the acquittal can be attributed
to NJ other cause than the indisposition.
not to say positive refusal, of American
iuries to convict Of murder husbands who
kill those who defame wives. In this case
1t cannot he said that it was clearly or by
unprecedented witnesses shown that the
killing was in self-defense, or under that
belief, and so ii is that public Judgment of
the verdict will stamp it as one of APP
proyal Of the act of Mcdonald, because his
wife was assailed in the very tenderest
part Of her reputation. However much
We may moralize about the blindness OF
justice, and the non-bias of the law in its
regard for human life, it remains that no
man Is hanged for killing another under
such circumstances as those related. We
are by no means prepared, nor ever will
be, to set up or defend code that in wife.
defense will rise superior to the laws of the
land. The horse-whip on the highway fol
the back OF the rascal who assails goot
woman IS more fitting punishment thai
the bullet. The husband who degra6es b,
the lash, and lets live under its shame, tn
wretch who traduces his wife, metcs on
better and infiicts more merciless punish
ment than he who sends the rascal I'm
shriven before his Maker for Judgment
There Is no oiiense to the human bein.
that should justify killing, short Of tn
necessity of defending life and limb of sell
or OF those dependent upon us. Fo
society cannot afford to write
code that will make every ma,
the Judge of the character in
tent and enormity of the ofIense, and tn
executioner under his own decree. Whe
it does that, it will abandon all govern
ment of men, and give license to the rel
of passion, folly, ignorance and misiudg
ment. But society, represented by iurit
of the country, does make exceptions whe
1t says frankly and openly to its subjects
q In these cases fall upon and kill, and yo
shall 90 unframed" Since the famoI
case Of General Sicklcs to the presen
there have been no cases of men severed
punished for taking the law into their ow
hands in defense of their wives and daugl
tiers, nor will there be, so long as men al
swayed by the same passions and molde
BY the same influences that now determin
their characters. 1t is sad enough TO cor
template that there is a point in the ecor
omy Of our social system when the rule
action provided hy the wisdom Of ages fail
utterly to control men, or to inspire re