The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-05-26
THE HIGHER LAW.

A tn oughtful writer, discussing upon the
recent verdicts by which the principle has
been reaf1irmed that the assaiant of fe male
virtue or reputation may be slain with i'm
punity by male relative of the lady at
tainted, AYERS that the doctrine enables any
woman, if respectable, to accomplish the
death Of any man with absolute safety. He
adds that he questions the practical expe-
diency of permitting an infuriate husband
10 appoint himself judge. jury, prosecuting
attorney, witness and public executioner in
the case of a man whom he considers his
enfuriator. There is something in the
thought-enough to warrant its careful ex-
animation.
1t is undoubtedly true that woman may,
by false assertions. rouse her husband to
such pitch of fury against one whom she
hates that he may take life in fancied vim
dication of her honor; and that if, on the
trial. he testifes that his evaporation at
his wife's story had for the time bereft him
of reason, the chances are that the jury will
acqut him. But this supposes that the
Prosecuting Attorney ill he so unskillful
as to be unable to elicit the truth. The
first question which judcious District
Attorney engaged in such case Will put to
himself is, was tile wife's confession true?
or did she cOncoct the story to get even
with an enemy? Was she, in word,
modern reproduction of Potiphar's wife?
If the attorney be endowed with ordinary
keenness of intellect he will be able to
satisfy himself on these heads without
much difficulty. 1t is not easy to combine
the thu eads of false accusation of outrage
in such way as to defy detection. Under
skillful cross-eXamination the falls witness
is pretty sure to contradict herself. or to
make statements which are irreconcilable
with the facts. 1t is just possible that
woman may falsely accuse her enemy, and
may frame her accusation so artfully that
it shall pass current as truth; but the chance
is so remote that it is hardly worth guard
ing against by rule of law.
Nobody holds that man is justified in
taking the law into his own hands when
there is ample machinery of justice TO pun
ish wrong. All that is claimed by the
apologists for the recent verdicts is that,
when the administration of justice is slow,
insure and corrupt, there is some excuse
for return to the primitive methods of the
ages when every man was his own eXecu-
TONER. The excuse is not justification.
1t is simply a plea in eXtenuaton for an
admitted wrong. When the wronged hus-
band blows out the brains of the supposed
wrecker Of his home he is a murderer,
neither more nor less, and without strong
palliative circumstances he is subject to the
penalty for murder. But in practice society
does not regard the machinery which the
law has provided for the punishment of the
invader Of the conjugal or paternal domicil
as adequate for the offenSe, and ii views
with lenIency a resort to a more heroic
remedy. Herein society moves on the lines
of common human nature, which aims at
due compensation in ali things. 1t tacitly
admits that omissions in the statute or de-
fects in its administration may excuse sup
Elementary proceedings.
Where a law is unduy harsh juries will
mitigate its severity at the cost of lightly
regarding their oath. They will acquit in
the face of the clearest evidence. And in
like manner where the law does not seem
10 inttict due punishment for wrong juries
will sanction punishments outside of the
law. When the penalty Tor sheep-stealing
in England was death it was next to i'm
possible to convict sheep-stealer. When
the law in this country enabled slave
owner TO recapture his fugitive slave in the
free States no evidence would satisfy juries
that the fugitive had been slave. The
law in both cases was bent out of shape.
Juries administered il not as it WAS but as
they thought it ought to be. And so now,
when the avenger of domestic wrong takes
life contrary to the form of the statute
made and provided, jures will forget the
strict obligations imposed by their oaths by
rendering verdictin accordance with their
notions Of simple eq uity.