The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-08
JUSTICE TOO RIGOROUS,

JUSTICE TOO RIGOROUS.
We doubt if anywhere in this country,
aside possibly from New Jersey, where
justice is exceptionally rigorous, the
castles would have received the trear.
ment that English justice has dealt out
to them. They are wealthy Califor
mans doing the continent Staying
a while in London, Mrs Castle stole
,ndiscriminately from the shops articles
or considerable as we'll as those of
sngnt value, and even the table of
the MOTEL where they boarded suffered
from her predatory disposition in ar
tlcles trff1ing as the toast racks, The
cunning OF the ordinary thief was
wanting, for she failed to remove the
private marks that led to the iden-
tlncaton of some of the goods. Boil:
husband and wife were arrested and
neld to the enormous bail of $3.50, 900 for
trial. Castles case was nolled. Mrs.
castle pleaded guilty on advice of coun-
sci, and. in spite Of the testimony of
eminent experts to her mental ire
sponsibility, the court sentenced her
10 three months Imprisonment.
There are several reasons why we
think that such results would not have
followed the same acts In this country.
we have shoplifters Of all degrees with
US, from the conscious thief to the
kleptomaniac. who is incapable of re-
sistlng the impulse to take the object
OF DESIRE but 1t is seldom that these
cHenders are hailed before a court
Merchants prefer, from business not
sentimental reasons, to employ detec.
t1yes who politely invite the shoplifte-
to walk back into the Office where the
goods are recovered or payment is
accepted for the goods and the thief
allowed to go free. But the doctrine
OF mental irresponsibility evidently has
q stronger hold with us than this case
shows to. have obtained in English
court. Temporary and emotional in
sanity have saved the neck of mang
o deliberate murderer, and juries have
let their judgments be swayed by con
clt1ons appealing to their sentiments
But, sentiment aside, we doubt If any
court here, in the face Of the strong
testimony of the medical experts
strengthened by the improbabiHty that
woman so exempt from the condi-
lions OF poverty that prompt theft
would deliberately steal, would have
enforced sentence even ON, her nlea oe
guilty. Sentence would have been in
definitely suspended
- But English justice is rigorous. Tt
takes no account of rank or affiuence.
and this sentence indicates 1t has scant
regard for crime. induced by menta,
alteration. It never permits sentiment
to hoodwink Justice. It's present day
r1gor roots back in the ferocity that
characterized it until the humanizing
tendencies Of the past two centuries
modified it. The law student. going
back to the sources Of our common law
to lay the foundation of his legal edu-
cation, is chilled with the barbarism of
English common and statute law. Ac
tons Of libel and malicious prosecu-
ton have taken the place Of the wager
Of battle. which allowed the accused
TO challenge his accuser to mortal com
bat In defense Of his innocence
and hanged the accuser if he
refused the challenge. No one
row can prove innocence by trial
by ordeal in walking barefoot over red
not plowshares, II nor do the doors
of churches swing open to admit and
give safe refuge to criminals The or
deal OF water no longer determines,
the innocence Of those who sink or the
guilt of those who emerge safely from
the pond. No criminal preserves his
property for his family now by refus
ing to splead4to an Indictment for a
felony and suffering "peine forte ct
dure," or the pressing to death, by
means OF heavy rocks placed on his
bare breast with g. stone under his
back, until the pressure crowded life
out. But if the coarseness of this bar
barity has gone, it's refined essence re-
mains and is exhibited in this SEN
fencing to prison of a kleptomanlaC.
made irresponsible by mental disease.