The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-08-25

and 10 far as relates to his punishment Tor
killing Miss WARDEN, tho accuracy OF this
Identification Is really Of very little impor-
TANGO. The character OF his acts on the
night he killed tho poor girl can hardly be
changed by anything In his past career.
There can DO no doubt OF the commission
OF tho homicide, nor Of his being the perpe-
traitor. Tho only remaining question which
can be material Is what was ALMT's intent
at the time he shot his victim to death. Ac-
cordlng to his own account he did not In
tend to kill the girl, but inflicted the first
ehot accidentally. and then, finding no had
wounded her. he fired again In order to put
her out OF misery. >.
Without discussing tho probabilities Of
this explanation, it is enough to say that
unless tho law OF New Hampshire Is very
different from tho law Of New York. the
statement makes out q clear case OF
murder. Tho person who. without legal au-
thority or excuse, intentionally shortens the
life OF another human being for single in
slant by force or the infliction OF bodily vio-
lenco, Is guilty OF fclonious homicide. Take
tho case Of doctor who IL confident that his
patient will die In an hour from . mortal
malady With which he l, suffering. II this
physician, in order to lesson tho physical
torture Of the sufferer. purposely adminis-
ters drug which lessons tho duration Of
his patients life in tho slightest degree, no
becomes murderer. II such an act Is mex
cusahlc in the eye Of tho law. how much less
must tho law tolerate the plea OF man that
he WIS aotuntcd by mcrcifui considerations
in killing person upon whom he had acci-
dentally Inflicted wound.
Furthermore. under the laws OF this State.
even II ALMY did not intend to kill Miss
WARDEN. his act would constitute murder
in tho first dcgrce The killing Of another Is
declared by our statute to DO murder In the
first degree. oven where there is no design
to effect death. II the act IL committed "by
person engaged In the commission OF or in
an attempt to commit felony either upon
or affecting the person killed.. or otherwise"
ALMY undoubtedly committed felony in
forcibly dragging his victim to the place
where he killed her, even II he had stopped
short Of murder: and hcnce. unless the law
Of New Hampshire is moro lcnicnt than tho
law Of New York, he committed murder In
tho first degree evon II tho first shot was
fired without any intention OF causing tho
girls death.
The case Is one Of exceptional interest In
many nspects. II anything can DO said to
be satisfactory in regard to such q crime, it
Is the law-abidlng conduct OF tho band Of
captors. who, as soon as ALMY showed
disposition to surrender, abandoned all
thought Of lynching the criminal and were
satisfied to have him taken into custody by
the proper peace officers. The most curious
feature Of the whole case, however. is tho
length OF time during which ALMY was able
to remain 30 near the WARDEN house with
out detection. We're there no dogs kept by
the WARDEN family or In the neighborhood
II there we're. it seems very strange that
they should not have noticed and made
known the presence OF an intruder In the
barn. But perhaps Hanover Is a place where
they do not approve Of dogs.