The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-02-12
SEATTLE. MONDAY. rxn r..
AN AssUsD vsHDIcr.

AN ABwCRO v8HOICT.
William Wilcox, charged with the muir
der Of Mrs Charlotte Fe..ing on the night
of September 4, isss. has been convicted Of
1nans.aughter. In our Judgment this YER
diet 10 perfectly absurd. The woman was
butchered for her money; the person or
persons Who committed this crime are
guilty Of murder: II the jury believed VIII
coz killed her he il guilty Of m1rder: he
cannot possibly be guilty Of manslsughter.
and IL Is travesty on justice To bring in
such verdict II the jary entertained
reasonable doubt Of wiicox's guilt he
should have been acquitted; otherwise he
the first degree.
II makes not the slightest difference In
Law whether a burglar or highwayman
originally plots murder in addition to rob-
berry. The law fairly assumes that a
burglar or highwayman IL . murderer. IL
In the execution of his purpose he takes
life, whether he kills his victim to escape
arrest or because OF resistance to robbery.
II q man makes burglarious entry into
your house you may shoot him dead with
out waiting to discover whether he has
spoiled your goods. whether he IL armed
or unarmed; Law assumes that a burglar is
presumptIye murderer; that he Is pre-
pared to commit murder IL resisted or in
terruptsd in his efforts to escape. There
fore man may shoot burglar dead in
his tracks after he has made forcibie entry
without waiting TO ascertain whether the
house has been robbed or not; whether
the burglar IL armed or unarmed; whether
he stands his ground or takes to fight.
The law rates burglar rs prssumptivs
murderer. So with highwayman who
attempts 10 ''hoid you up" you may
shoot him dead in his tracks, because he
Ii presumptivs murderer, q man ready
70 add murder TO the crime OF robbery IL
resisted, or II cut of from q chance of
escape. Therefore, Wilcox was either en-
Titled TO an acquittal. or he should have
been convicted of murder In the FIRST de-
gree. The negro murderer, Cox, hung q
few years ago In New York city. Is . case
in point There il no doubt that he
entered the room Of the old lady who
employed him, at night with the purpose
OF quietly making of with her money
and jcwslry. While no was securing
them the old lady woke up aud Cox
took her by the throat to prevent her cry
ing out. The old lady was quite corpu-
lent: she had weak heart: she was ter
ribly frightened; and while Cox probably
did not use any more violence than he
thought was necessary to prevent her Civ
Ing alarm, aud probably left her alive. she
was found dead in the morning. The
fright, the violence. the excitement had
killed corpulcnt old lady of weak heart
vigorous young man or woman would
have simply been sileneed and survived TO
tell the tale. The old lady died Cox was
arrested. confessed and was hung.
So the slayer OF Mrs. Fetting, whether
he originally plotted murder and robbery
or was forced by her resistance To commit
murder. too, Is in the eve of the Law a
murderer just as much "a IL he had
plotted TO kill her frat aud then spoil her
goods. Her slayer was n burglar or rob.
and highwaymsn as nresumptive muir
dercrs by intent II they kiln their victims.
whether the origina, design Was simply
robbery. and murder only an afterthoagh,
forced upon the ruftian by the unexpected
and unwefcame resistance of his victim ar
by interference with his efforts TO escape.
Suppose Wilcox had robbed the old lad v
and left the house without numbering her,
and had been confronted on the street by
q policeman, who ordered him 10 throw
up his hands" Suppose he had answered
the order by pistol shot and killed the
policeman who stood between him and
liberty. would he be any less q murderc.
that he had not started out with any De.
sign to kin policeman. bat only 10 rob
an old LADY, Would he 10 guilty OF man.
slaughter ar marderS In Portland, Or,
some ten years ago a man shot at q police.
man who was pursuing him. and killed an
innocent bystander. but he MAS hung all
the same; another man. Jealous o; hi,
wife. wsyiaid and shot her brother instead
OF her suspected paramount: he was hung
oil the same.
These stupid compromise verdicss o.
naanslanghter, when IL is perfectly clea,
that the accused is either guilty Of murde,
as charged. or is entitled 20 an acquis.al
arc altogether TOO common in this state
and they are due. in our Judgment. mi
marty &c the inefhcieacy OF the prosecu
tien. An able. fore,bls, Ee$loas, enersesis
prosecuting officer. hacked by a Just JUDGE
can generally lin even weak 1ury 70 IA.
level Of their legal duty. ha, itfeless. in
different, spsshetle prosecuting ofsicer. 10
gsther wish duh court. generally fails Il
secure a convection sor murder, aad &C
certs verdict for maaslaaghter when i
Is perfectly clear thai the accused nsNss a
csilfs ef sssrS-r or entitled 10 an acaulGtal
cheap. sentimental iusics ars common
enough. hui even ~ slse heart of srea,
cities like New York. where nearly every
body % for 8 lafoy is excused .ron service
or stricken OF the list. convictions 10,
murder are obtained whenever the pgcss