The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-07-02
Halnnger's Escape-Is it a Beproach
20 Jersey Justice?


Haiinger's Escape-Is it a Reproach
20 Jersey Justice?
The State Gazette and other papers
deplore the condition Of Jersey JUS
ice because Edward w. Hallinger's
hanging has been postponed through
Mr.. PeshalPs appeal. We fail to see
what Jersey justice has to do with the
matter. We had an idea the interior
ence came direct from Uncle Sam.
But, wherever it came from, what is
the use OF disappearing the situa-
tionY The appeal in Hallinger's case.
If tardy. has still enough of ground to
Justify a careful examination of
the questions involved in it, and first
comes the question as to the condi-
nationality OF the statute under
which the man was condemned. We
believe the law will be upheld, but
there is just room for doubt as to
whether it should be, under the Con-
stitution OF the State and the United
States. We all feel that Hallinger
ought to be hanged, and WI may
say, what matter about the pro-
cedure so long as justice is done2
But that is not the way the
liberties of a free people are
conserved. 1t is better in these
days Of drifting towards ~absolutism
that a hundred murderers should es-
cape. rather than the governments of
the States or the United States should
secure the least precedent for setting
aside the law and the constitution on
the vague plea o~fgeneral justice being
done.
The second question involved is as
to Hallinger's sanity. Here, again,
ninety-nine men out of a hundred
will agree that the man was
a ft subject for hanging, and
yet 1t is worth discussing whether
that fact should have been afilrma-
lively determined or not, under the
circumstances. Mr.. Peshall says that
his mere plea of guilty is proof of his
insanity. We cannot assent to this,
Indifference to death may be the result
CT any natural emotion or principle
from heroic courage to hardened cyni-
cism or blank despair. In Hallinger's
case, a senseo of the utter hopelessness of
defence, coupled with the exaggerated
vanity OF his race, seem to have been
the actuating motives. The man was
shrewd enough to see that the proof
against him was complete and the de-
gree of his crime beyond mercy. Like
all persons OF African blood he had a
vein of dependency in him; he
lacked the moral stamina to make "a
fight against desperate odds and to
endure the prolonged uncertainty it
entailed. On the other hand his
vanity vas excited by the idea OF pos
ing as Indifferent to his fate. To make
it appear that he had avenged himself
on his mistress at the deliberate price
of his life seemed quite glorious to
him. So he made the best of a bad
bargain, and as he felt he had to die,
he concluded to die "a hero" If this
is insanity, then he Is or was insane,
and not otherwise, it Gems TO us.
Still, there was never n expert
examination of his mental condition,
and insanity is a strange thing.
There is a good story told of an ae-
cused murderer in whose behalf the
plea Of insanity vas raised, and who
drove his counsel half crazy by the
exceeding nationality he displayed on
the witness stand. He answered to
his name all right and stood two or
three hours examination and cross
examination without showing a sign
of mental arrangement. The prose
cution chuckled and wondered what
the experts for the defence were 60
ing to do about it.
When the lawyers were all through
with the prisoner, one of the doctors
present asked permission of the court
TO put one single question to him
just one. The permission was
granted.
WHO are you, anyway the doctor
asked of the accused.
II am the Lord Jesus Christ pro-
claimed the mar in trumpet tones,
and from that point he launched out
into wild religious rawlings which
settled the question Of his sanity in
five minutes.
This anecdote is authentic. 1t is
quoted in the books on insanity and
medical Jurisprudence. Perhaps Hall
myers may be an analogous case,
and, on that vague chance, perhaps
he should have been examined by an
expert on insanity. But nobody
who has been in contact with
him suggested the need. Mr..
Gilbert, Collins, who, in effect, de-
Tended him did not seem to think
there was occasion for such an exa-
mination or anything to be gained by
1t. None of the jailers or the deputy
sheriffs thought SO. Nobody, indeed,
except Mr.. Peshall. seems to
nave found the least trace OF