Daily Republican., 1886-03-15

The "WilminetoniaLD h very eolJ

The "WNmingtoniaL" 10 very eolici-
tous about the future Of Robinson, who
ts sentenced TO undergo the extreme
penalty OF the Law In few days for q
capital crime, Of which he has been
convicted, and Of which shat paper
contends he IL not guilty and ahould
mot have hsen convicted, according to
the true intent and spirit OF the law
The "WilmiDgtonian" 10 not without
grounds for argument. There Is Just q
bare possibility that the man may not
have been guilty 10 that extent that
brings the case under the penalty Of =
capital crime, and the Law very hu-
namely provides that the accused shall
have the benefit OF any or all doubts
arising In the case.
But whether Robinson was guilty or
NOS guilty, or 70 what extent he was
guilty., IL will be hard to make some
very intelligent and well-meaning peo-
pie believe that he was legally con-
victed. The law that provides that
death shall be the penalty for certain
crimes also provides that the accused
shall have Q fair and impartial trial
and Do tried by fair and impartial
jury. How does this Law apply in
Roblnson's case? 80 far Is the court
and attorneys In the case were con-
cerned, hts trial was fair aud impartial.
Bat how was the jury that convicted
him? Upon that jury wac Q preju-
diced, Intoxicated joror. He expressed
strong desire TO be upon that jury,
and was no ways guarded 10 saying
that he would Chang that nigger." He
was Intoxicated to such IN extent that,
while attending court, he lodged one
night, IL not more, In the police cells,
and he was Intoxicated when he went
upon that jury, n sham, or mockry to
Justice, sworn to be an impartial juror,
and with forsworn determination by
hts verdict to take the life Of the man
he had sworn to try impartially.
Whst most reconciles the public to
the conviction il the fact that eleven
competent jurors agreed with the in.
competent one as to the guilt Of Robin
son. II this intoxicated, incompetent
juror had not been on the Jury the YER
dict would have been the same, bat at
the same time one incompetent Juror
was sufficient 10 vitiate all. Eleven
jurors cannot try q case, and that was
really the number of competent Jurors
on the case.
On account of statuAry enactments
In our State, the court, when asked to
judge upon arguments advanced for q
new trial, declined to interfere with
the regular course of the law. In En-
gland there are no new trials for capt.
tai cases. and the laws OF Dslaw ware, as
Judge Houston said while sittlrg ON
the case, are modelled closely after the
English laws, and are unlike the laws
Of other States. This decision OF the
court renders . second trial i'm apostolic,
and as In England, the only road left
open to clemency Is to the Crown, SO
here the only alternative left IL an ap-
peal TO the Governor OF the State.
Guilty or not guilty Is not 30 much
the question In this issue as whether
even q guilty man should have his life
jerked out Of him without that fair and
impartial trial the law contem plates
Robinson Is black man, 1t is true,
but underneath black skin is human
lfe-a soul as dear to Him who gave
1t as II beneath . white exterior.
An appeal In the case should be
made to the Governor OF the State.
The cry that 1t is time somebody should
be hung In this State should have no
influence where there is no proper and
legal conviction for crime. A check
should be made 10 the habit OF entrust-
iDg cases Involving the death penalty
to such men as that one who tainted
the jury that convicted Robinson.