New-York tribune., 1896-03-29
SUICIDE LAW REPEAL.
A BILL REvOKING THE PENALTY FOR
ATTEMPTED sELF-MURDER.
THE ACT is NOW A FELONY But SEVERE Pun
IsHMENTs FOR 1T ARE RARE-THE UTIG--

THE ACT is NOW FELONY But SEVERE PUN
IsHMENTs FOR IT ARE RARE-THE UTIl--
ITY OF THE STATUTE QUESTIONED.
Ordinarily when any change Is proposed In TN
statutory enactments Of the State cry from SOM
source or other goes up to Albany TO hold I'M
legislative hand Until a committee can be heard OF
the subject. There seems TO be no concern, now
ever, over the proposed repeal OF the law provdinf
punishment for attempted suicide. somewhat
fippant notion of mans free agency In this matter
has existed In the minds Of some people. They nave
held that If wishes to make away VIII
himself he should be permitted to do So Inc
Legislature thought differently. however as the fol
lowing extracts fom the Penal Code show:
Sec. l72 Suicide denned.-Suicde is the in'entiona
'asses sec @ IL No le IMPOSED for
though suicide is deemed great public wrong, yei
nt no OF 's d
Sec IA Attempting suicde.-A person whS VII WI,
any act dangerous his own life or which II com
mitted upon or toward another person ioilo"uu & n'
traitor chargeable with homicide. is guilty OF at
tempting suicide. .,,,,,.
In any manner advises encourages or aoets % HF as
sists ANOTHER person in taking the latters HE Is
Sec. 17s: Abetting an attempt at suicde.-A person
who wilfully In any manner encourages, advises.
sssti ae the or aeris e is suRy II felony
Sec III Incapacty of person aided no defence
the last two sections that the person who took or
attempted to take his own life u was not & person
Sec. 11S. Punishment OF attempting sulcidcLEvery
gy Of asmP1ng bS Is
prison not exceeding two years or by me not ex-
ceeding one thousand dollars or both tNew).
The term New after a section indicates that II
was new when put into tho Revised Statutes from
which In turn the law transferred TO the Penal
Code.
THE OLD ENGLISH IDEA
Among attorneys generally smile rises unbid-
den over the reading OF the non-forfeture section.
Think OF IT! Although suicide Ia deemed n great
public wrong yet from the impossbility OF reach
ing the successful perpetrator no forfeiture is I'M
posed In the old English days while certain prop
erty was exempt from forfeiture no corruption OF
blood" descended upon the heads OF surviving mem
bers OF the family OF him who had committed
suicide. But tho State got even with him for rob-
bing the king OF his bodily service by decreeing
that ne should be buried in unconsecrated ground
in tho highway in fact-wth a stake driven hard
down through his pulscless heart. 1t was tho
theory then that tho individual had right TO take
his own life. 1t was not his own. but was some
thing which had been given him for the benefit or
tho state and Government, and he must preserve
II intact awaiting the hour when II might be called
into reqsition for that service whether for war or
peace. He generally called upon for war rea-
sons The down-driven stake and the highway
burial discarded by statute passed as late as
1924 In the time OF George ": but the English law
still provides for burial at night In strict privacy
and without the celebration OF Christian rites. The
English method has never been pursued here.
Senator Featherson on January 10 introduced the
following bill:
An act to amend the Penal Code by striking out
certain sections thereof relating to tho taking OF
The people Of tho State Of New-York. represented
in Senate and Assembly. do enact as follows:
Section l. Sections one hundred and sevcnty-twoi
ana bun dra1 nd VII
seventy-four and one hundred and seventy-eight OF
's pena This Ssds act afe e ake ee Immediately
Thus II will be seen the effort is making 10 strip
tho existing law OF any apparent absurdiiy and
clearly to confno II 10 an attempt 10 reach any md
all who may be guilty Of aiding or abetting n sui
c,de ~ So: forth In Sections l,5. i76 ana III Under
tho old common law as It exists In practice in the
major part OF the States OF tho Union. tho degree
Of the crime under Section 175 was murder in ths
first degree AS will be from the appended
note under tho section as quoted II either one OF
those chess players whose alleged suicidal antc
was freely noted In The Tribune few weeks ago
had Killed himself. the survivor would have been
guilty Of the capital crime~in common law but by
tho Penal Code h. would have been liable for man
slaughter in the first degree.
JUDGES NEVER HARSH IN SUCH CASES
Henry Welsh. the veteran assistant clerk in tho
Court Of oyer and Termner. was seen regarding
this subject His experience has been varied In the
numerous criminal courts. and no was asked
whether there had been many trials and convictions
under this law as II exists Yes a good many.
said he promptly. I'm the greater number OF In
stances those arragned have entered a plea OF
guilty without reserve and have at tho same time
a sked that mercy be extended TO them. The court
in dealing with such examples has exercised large
discretion always. Some OF those tried nave been
sentenced TO shorter longer terms In the E!mira
Reformatory, which Is not a prison In tho strict
the defendant has been sent to the Island for
term OF days TO be safe at least for period from
a relapse into Incorporate habits In any case they
are put where they may have an opportunity 10 re-
fleet calmly upon the results OF the effort 10 do
away with themselves and to decide never to try
II again. =. ,.
II don't think that the law acts az a deterrent;
or that there Is question In my mind Instead
OF a repeal OF any portion Of II think II should DO
strengthened by making the offence -bailahe.
for once out on bail the indicted person has a free
opportunity repeat the effort before the case has
been brought TO trial. once In while the end
sought by the law is defeated by the persistence OF
the person. have in mind one case where the
man committed suicide after trial OF the case. but
these Instances rare. In the greater proportion
OF cases the effect OF the law is for good and the
attempt Is not repeated"