The sun., 1893-05-07

It Is not trud. as OUIDA argues In the
article we published on Wednesday. that at
this time more than formerly society sym
pathizes with crih,e rather than justice,
with CAIN rather th,n ABEL. with the MUIR
derer rather than his Victim. Statistics
havo been published OF late to make It
appear that because OF such alleged increas-
ing sympathy with crime. In our own coun-
try more especially. there has been an ac-
tual increase Of crime during recent years;
but the appearance is utterly deceitful.
The great majority OF the offences to which
these statistics relate are not crimes. They
are merely minor infractions OF social dis
cipline. the most Of them either misde-
meanors made by recent laws. and not In
dicative Of a criminal disposition. or slight
departures from propriety Of behavior and
requisite self-control Of the appetites.
Felonies are decreasing. Burglary as
criminal industry has been well
nigh destroyed In New York. Very
little thieving occurred during the late
naval parades. Formerly pickpockets would
have been abroad among the crowds. reap
ing rich harvest. but last week the people
were safe from them. In no other great
city Of the world could such popular demon
strations have occurred with so little dis
order, so much sobriety. and SO much SAFETY
to those engaged in them.
These are facts demonstrated by the
police records and by the observation OF
the people. They are due to the strict and
severe administration Of justice In the
punishment Of crime, and to the increasing
popular intolerance Of crime. acting both
as q self-restraint and q restraint for those
who must be deferred by force outside OF
themselves.
The only form OF crime which constitutes
an exception to this rule is murder. It is
the highest Of crimes and the penalty for
1t provided by law Is the bitterest. yet it
does not diminish proportionately to
lesser crimes. practically the retention Of
death as the penalty for murder only does
not prevent killing any more than the Same
penalty prevented theft in the days when
thieves also were hanged. Even II the
theory OF life for life be sound. its ap-
pllcation as measure Of social justice Is
made SO uncertain and inequitable by mod
ern public sentiment that present expert
ence affords no fair test Of it.
OF all crimes. the least likely to pay Its
penalty to the law is murder. The mur-
derer has the best chance OF escaping the
peuhlIy lor lib CTlues UuU ue OWeb UuIb
extraordinary fortune to detestation Of
the penalty. and not to sympathy with his
crime and the absence Of pity for his victim.
He escapes because killing is more and not
less abhorrent to society. whether 1t be
murder or the judicial execution Of the
murderer. Juries are loath to convict q
man Of a crime for which the penalty is
death. They shudder at the thought Of
making live sacrifice to justice.
This feeling Is 80 strong that probably 1t
would be safe to say that the great mass Of
people secretly hope that the two con-
demned murderers who escaped from Sing
Sing will not be caught and killed in the
electric chair according to their sentences.
Probably IL the execution of HARRIS or the
Communication OF his sentence were left to
popular vote. the decision would be to savo
him from his appointed death.
With such q state Of public sentiment.
and 1t prevails throughout Christian civil
ization at this time. the death penalty no
longer justifes Its horrible extremity. The
punishment cannot be administered with
the certainty which Justice demands. which
is necessary for the prevention Of the
crime Of murder.