Workmen's advocate., 1888-12-22

will denounce us out of revenge if he caught.
 ''lf, then, we are doomed to deatl anyway, it will be better to throw thu bombs"
 Do you see the consequences of thu law?
 If the law recognized difference be- tween the principal and the accessory. punlshlng the latter less severely in or der that he might, at the last moments have an interest in withdrawing from the conspiracy the nine would not have thrown their bombs. One bomb, ssA kills ten; ten bombs kill one hundre Ninety human lives would then be say If the nine conspirators Were not h. duced by the severity of the law whiclfs punishes the accessory equally with the principal sto follow the example of the tenth conspirator.
 The nine would gladly have with- drawn from the conspiracy, but the tenth would not have it so. He said to them. "Iou fools! If am arrested you must share my fate. And even if as- cape, and 1t is understood that you we(e my co.consplrators, you will be hanged, while l, the principal, remain in hidingl shall not tolerate any traitorous action on your part, you may be certain"
 Under such circumstances the nine permitted themselves to be moved to act with the tenth; simply because with drawal would have no practical valud for them.
 For the nine bombs and their consel quences--the killing of ninety people- the law is responsible. It promotes tr. aud Threatens the security of the cltize.
 Therefore It is unconstitutional.
 This, my friends, is my theory. founded upon such natural logic tha the course of time people will won how great nation of sixty milliO could so long fail to comprehend For that treatment of the accessory principal in case of petty misdemeant and felony is ancient Common Law Here and there this Common law W, slightly altered; in the State of Illino so far as the accomplished deed is ca cerned, 1t IS incorporated in the st. utes.
 Under German law, of all the mum ous accessories before the fact, only Is punished as a principal who has specified acts assisted in carry iilgt tha deed, all other accessories, that i all who by advice or acts assisted with out having been actively engaged in th1 nJln crime, are punishEa fof s..attemL that IS, q prhmiun RofehP " stIv.7N withdraw be,opo tho final criminal a(
 The only exception in which an :" tempt is considered equal to deed an attempt at regicide.
 In September, last year, carried an extensive correspondence conc ing my theory, as have said, with tain Black. He promised to give sideration. The board of defense not adopt the theory, however. w not? The reason is unknown to It was impossible for me to obtain formation from Captain Black.
 l have, for certain reasons, been sile for year. Now will make public I views. No doubt there will be ol tunlty to contest the accessoryship in some non-political case, and obtaN decision from the court of last appea It may take some years to convind American jurists of so simple a truth d the unconstitutionality of that law against which Blackstone, the Moses English Common Law, raised doubts hundred and forty years ago.
 Every one who makes discovery out side of his profession must be satisfied to forego immediate recognition l am no lawyer by profession, and therefore no doubt, was ignored by the board of defense.
 Not one of the many interested in the elimination of the case considered it worth while to move even ii Sn Nevertheless the law in question u declared unconstitutional
 And then, of course, it will be niable that the Court committed cidt murder.