The herald., 1895-08-29
PHASES OF THE BARBERI CASE

| There is little about the case of Maria
| Barberi, the Italian girl in New York
under sentence of death for murde ring
hsr seducer. that will interest people in
this part of the world. were it not for the
fact that in the event Of her not receiv-
ing a reprieve she will be the first WON.
an to whom the electric current will be
applied in the infiction of capital pun
shment and the further fact that a
strong effort is being made in behalf Of a
reprieve for her by number of eastern
women who have hitherto posed as ad-
vocates of the most com plete equality of
the sexes before the law. 1t is really only
the latter phase of the matter that comes
! very strongly to the notice of people at
distance. We cannot, without strainlng
the imagination, work up much sympa-
thy over the case.
With the crime Of Maria BARBER, or
the wrongs she was attempting to re-
dress, we have practically nothing to do.
Western sentiment upon this problem of
human life was long since crystallized
into pretty clearly defined theory, even
if it's application brings US squarely in
| opposition to written law. The consen-
sus OF opinion on this coast has ALWAYS
been, and it is in the spirit of the lofti-
est chivalry, that when a woman takes
the law and a gun into her own hands to
avenge the crime OF seduction, she
should have no obstacles thrown in ner
path. and if jury has ever been found
to infiict more than a nominal penalty it
has escaped the attention of the closest
observers. In this city few years ago in
a case where there was mple room for
debate as to the nature and extent of the
wrong suffered by the fair defendant, af-
ter listening for four days to testim ony
and argument, it took jury OF twelve
men Just twenty minutes to agree upon a
verdict of acquittal-and nineteen of
those precious moments were consumed
in deciding whether the verdict should
be ba sed upon emotional insanity or JUS
tifiable homicide. Such seems to be the
unwrItten law in such cases made and
provided.
But there are two features of the New
York case, injected by the appeals in
behalf of the condemned, that call for at
least passing notice. The greater num-
Der of the advocates of leniency, or at
least those whose names are we'll known,
have figured for years in the front ranks
of so-called female mancipationists. In
season apd out their watchworo or battle
cry has been Equality of the sexes. /"
There may BIZ a mental obtuseness about
a person who cannot see that this is an
entirely different matter, but there are
undoubtedly great many who are just
so constituted. A trial by jury does not
in all cases result in verdict that is alb
solutely just but-and it is possibly one
of the greatest weaknesses of the system
the verdict of a trial jury ii a criminal
case will almost Invariably reflect the
popular sentiment upon the matter. 1t
is preposteruus even TO imagine that the
Jury which tried Maria Barberi reached
its verdict in Difference to the sentim ent
that if this woman were not punished no
man g life would be safe from similar as
saults. Male humanity, even on the At
lantic coast is not so deprave1 as to
have laid itself liable to any Sc ch extent,
nor is it so craven as toifear such Mem.
ess. 1t is safe to assume that the verdict
of guilty as charged was rendered oIt OF
regard simply to the law and the facts
OF the case, aud the popular sentiment,
without regard to sex, that the law should
be obeyed. Where then, is the sentiment
tai ground for asking executive olemency,
frcm the standpoint OF these ,erstwbile
champions OF equality? The spectacle is
| calculated to make the judicIous grieve.
The second feature that stands out with
startling prominence is the advice given
to young female persons by the Rev.
Mary y. Whitney in the Boston Globe.
The Rev. Mary d. advises young women
who have listened to the tempter to gel
Il gun at once and do her own avengins
a la Maria Barberi, for until she has the
ballot and can make laws that will pro.
tect her against mans wiles she has no
other safeguard upon which she can rely.
We're the Rev. Mary d. native of the
sylvan and unbarbered west her sentl.
ments could be understood. 1t is true
they are a little radical. The un
written code cited above does not urge OF
incite to such course OF action; it mere
! ly excuses it where circumstances seem
to leave no other way open. But the Rev
Mary d. backs up her views with writer
! law and authority. to-vit: Holy wit
! Hear her: The non -resistants, who
claim a monopoly of true Christianity
! seem to forget that Jesus said, i comt