The Universalist. [volume] (Chicago [Ill.]) 1884-1897, 1897-01-02
"DEGENERATES" IN MURDER
TRIALS.

The most notable feature about
many modern murder trials is the
psychic aspect, the wrangle of experts
and counsel, the determination of
the defence to present it's clients as a
fool in refutation of the opposing
claim of knavery or worse. In the
case of poor little Maria Barberi, or
"Barbella," as she signs herself, the
evidences Of arrested development or
congenital and hereditary weakness
seemed to be well established. Her
acquittal, whatever may be thought
of it, was practically notice served
to masculine faithlessness in such
case that, while the law does not con-
nive at even an alleged justifiable
murder, it is unwilling to let the weak,
the distorted, the semi-irresponsible,
suffer extremes for the vengeance
which these occasionally take on the
strong. It will have the result of i'm
pressing reckless and selfish men
with the conviction that, in wronging
womanhood, they run this risk
that womanhood may prove its own
avenger in the manner most disagree
able to themselves, and yet go into
court armed with a quasi-justice in
its quarrel.
This is delicate question. No
level-headed and we'll balanced per-
son feels like making heroine of
woman who has taken human life
in a quarrel which is the outcome of
her own completely in evil living.
There is far too much gush and
maudlin sympathy in modern MUIR
der trials,-in this country more par
ticularly. The English set us good
example in this respect, although
they may be too infexible in the
matter of Communication of SENTENCE
a point illustrated in the case of our
own countrywoman, Mrs. Florence
Maybrick, for whom so many of
Americas best and most distin-
guished women have vainly inter-
coded; American influence having in
deed barely managed to help save
her from the laws extreme.
So, too, in that most pathetic and
painful of modern works of fiction
Tess of the d'Urbervilles," Mr.. Har-
dy has drawn the spirit of English
justice unsparingly. What reader
ever failed to sympathize with Tess,
shudder though he might at the
crime which sent her to the gallowsa
Not a few would think it justifable
homicide,-one does not like to use
the expression "justifable murder
but the Staying of her old lover was
murder, in that it was plainly the
work of some generalization. So, too,
in Sir Walter SCOTS tale of "The Two
Drovers," the Staying of Harry Wake
field by the Scot, whom he had an
gered, had in it this of deliberation,
that he had ridden some miles for
the dirk. He had had time to think.
Mental states will be studied more
and more by criminal lawyers, and
that in the light of the vast volume of
expert testimony which is the out
come of more recent trials. There is
danger in expert testimony for the
defence. Itbegets morbid sympathy.
One forgets the horror of the deed in
scientific exculpation of the doer.
There is an added danger in the hero
worship which makes of an acquittal
under such circumstances a ground
for wild congratulation. If the "de-
generate" is fact,-and who can
deny it7-what are science, morality,
religion, the law, going to do about
it, Is there no ounce of prevention,
no anticipatory and preventive tutel-
agea Must all be left to chance and
risk' Is not this juggling with the
safety of individuals and the honor of
COMMUNICATIONS Journal.