The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-12-31
PUNISHMENT FITS THE
CRIME. ~. 4. + ~. liz: - +, -:
THE


The disgust which has been evoked by
the escape of Chris Evans is offset by the
news that Prendergast. the murderer of
Mayor Harrison. has been condemned to
death. That is comforting piece of in
telligence 1t is very satisfactory to hear
of one case in which the unanimous jury
system did not defeat the ends of justice
and in which the pettifogging plea of in
sanity was not accepted as an excuse for
crime. 1t is now to be hoped that the
execution will follow conviction before the
murderer's offense has become a dim
memory, and that even the most careless
shall connect guilt and penalty in logical
sequence.
What the present situation calls for is
more vigorous administration of
criminal law. Most of our criminal
codes were drawn on humanitarian lines.
The lawmaker thought more of tenderness
to the criminal than of mercy 10 society.
Both the penal codes and the codes of
procedure furnish the culprit with every
, possible looohole for escape. 1t takes but
one man with knife or pistol to destroy
the life OF an unoffending citizen; il
takes twelve to avenge society on the
assassin. And the humanitarian spirit OF
the ge Is so paramount that jurymen are
disposed to deal leniently with the accused
If they can. Four men out of five go into
the jury-b box biased against the prosecu-
ton. A century ago juries and spectators
were so prejudfced again st "the prisoner
at the barr that his arraignment was
almost equivalent to his conviction. We
have swung to- the opposite extreme.
Pity and cOmmiseration have taken the
place of sense OF duty. Even in so fla
grant a case as that of O'Neill the honest
jurors had to .coml 70 mise in order TO
render any verdict at all. !: -. : f.. :.
+ Prosecuting Attorney Trude uttered "a
home truth when he said that the :convc-
tlon of PrendeTgaSt would deter notoriety-
seeking eranks from attempts on the lives
of prominent. individuals, and would OPP
crate as life insurance policy fer dis
tinguished men. 1t is quite evident from
the testimony in the case and the behavior
of the defendant on the trial that he did
not kill Mayor Harrison from personal
animosity. The crime was iDstigated by
a thirst for notoriety arising in depraved
and vicious nature Prendergastis double
of Guiteau. He killed his man in ordert TO
be talked OF, and bis reasoning faculty was
calculation. that some way or other he
would escape. Had the jury disagreed, or
I sentenced the prisoner to "a term of i'm
/ prisonment. the effect would have been TO
encourage other cranks of the same class
toimitate Prendergast's example. Such an
event would have given courage to the
/ dynamiters, andtt is.haTd to say who would
| have. been the neXt victim, - - ~ -:
| THERE'S lesson for San Francisco in
the conduct of Chicago. This city is in
| tested with footpads TO an unusual degree
Hardly a day passes that some one is Tot
held up:in the streets, and quite frequently
| of late the victims have been ladies. The
nuisance calls for a drastic remedy, and is
/ likely TO. get it. Some footpad is pretty
/ sure to be shot before many days elapse,
and others are likely to be caught by the
! police, When an arrest is made, 1t is to
! be hoped that the District Attorney and
! the courts Will act with yigor and prompt
ness. The efficacy of a conviction as de-
torrent from crime is in proportion to the
! swlftnesS with whichit follows the offense.
"A footpad caught in the act should not be
kept in his cell meditating on the vicIssi-
+ tudes of human fortunes. He should be
/ tried at once, and strenuous efforts should
be made to secure an honest jury. if that
be possible A wise judge will give con-
yicted highway robber the full benefit of
the law-imprisonment for life Two or
three such sentences would eradicate high
way robbery in this city. when shorter
terms of imprisonment might have little
effect. These are truisms. The correct
way to deal with criminal epidemics is the
C ofpenal law; but it may do no harm
to repeat the teachings of the past every
/ time the epidemics break out -. -. =.