The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1891-06-28
Mr.. Peshalrs Plea for Haiiinger.

Mr.. Peshaii's Plea for Hailinger-
Mfr. G. +. PeshasI is undoubtedly
actuated by the most humane motives
in the appeal which he is about to
make to the United States Courts on
behalf OF Edward Hallinger, the con-
denined murderer He goes into the
case on a very different basis from
those paid advocates who have been
making New York jurisprudence
ridiculous. He has nothing to make
out OF it, and the publicity it will
bring does him no good because he is
not In criminal practice.
We do not at all agree with him as
to Hallinger's sanity. We believe the
man is as proper subject for the
hangman as ever stood under the gal
lows tree, and, thus far, we are sorry
he is to have reprieve. But we pre-
fer to see a guilty man evade punish
ment for while, or even entirely,
rather than a citizen should be de-
prived Of his legal and constitutional
rights.
1t remains to consider whether Mr..
PeshalI's legal position is sound.
With all the diffidence which the iaity
owe in differing in opinion from MEM
bers Of the bar. we venture to think
that his arguments will not prevail
We think the higher courts viii hold
that New Jerseys statutory procedure
in such cases as Hallinger's, especially
when administered with such special
care as was exercised in this
case by Judge Knapp, affords
the accused every reasonable
protection. But there is just bare
foothold for controversy, and it Is
as we'll it should be settled now as at
any other time. The only pity is
that Mr. Peshall should have waited
until the eleventh hour to bring pro-
ceedings which are in their very ma
ture dilatory.
The soundness of Mr.. PeshalTs
theory OF the case depends ultimately
on the question whether the law
recognizes an essential difference be-
tween capital and other cases.
tt would be absurd to say that in
respect to ordinary crimes plea Of
guilty, acting as waiver OF the right
OF trial by jury is illegal or uncon-
stitutional In such cases the prac-
fice Of over a century establishes
the principle beyond cavil, that a
man can waive the jury right
ii he wants to do So The common
law carries the principle OF waiver in
such eases still further back, and the
Common law is to all intents and pur-
poses q. part of our constitutional
system.
But, argues Mr.. Peshall. while the
Common Law says you can waive the
right of trial by jury in non-capital
case, it will not let you do $50 where
your life is at stake. 1t throws a safe
guard about YOU even against your
SELF 1t says a jury must decide
whether your life is truly forfeit
or not Well, we reply, the State
Of New Jersey simply substitutes
one safeguard for another. It sub
stitutes, for the trial by jury, a spe-
cial form OF inquiry, as to the degree
OF your guilt, accepting merely your
confession of the main fact that you
committed homicide. But in making
this change. we admit, the State takes
a very long step. The Common Law,
MS Mr. Peshall states it, re-
fuses to permit any waiver of right
whatever, while New Jersey recog-
nixes the waiver OF the right of trial
BY jury and simply determines the
consequences. So there is tho issue
again brought down to the question
Is the State justified by the recog-
nized principles Of law in permitting
that waiver of right to prevail.
Mr.. Peshall further argues that a
plea Of guilty to an indictment for
homicide is not plea to q definite
crime in this State. He claims, sub
stantially, that man confesses a sci
OF iaEtH anu LIS Jud6S iiiCh eAiCo AiAi-
and convicts him OF any degree
Of crime he elects, or even
acquits him and sets him free.
The answer to this is simply that
the accused pleads guilty tc
the capital crime, and the law Their
makes a special effort to be merciful
to him. But this brings Us back
once more TO the fundamental ques
tions-Can man waive so essential a
right as that OF trial by jury in a case
where his life is at stake, even though
ils may do ii in any other case.
JAMES OWEN O'CoNNoR was ar
rested last evening in Van Worst Park
for the murder Of William Shake
speare. Notwithstanding the enor
lily Of the offence he was admitted 70
bail That O'Connor, himself, felt
some remorse Is shown by the fact that