The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1898-01-04

The jury that tried John Andersen
Tor the murder of tho mate of the
owe Pecker has been severely criti-
cised for rendering a. verdict that
would save the prisoner from the gal.
lows.
The United States statute under
which Andersen was indicted and tried,
authorized three forms Of verdict, viz:
not guilty, guilty Of ma~nslnughter.
guilty of murder; provided, of course.
that the verdict must be Supported hv
inc evidence. In the case under review
the Judge charged the jury that there
was no evidence before the count that
would reduce the crime-if 1t were n
rlme-below the grade of murder. lin
der that ruling, the first and third ell
only were left TO the Jury.
III the Jurors believed that Andersen
LOOK the mates life Under such cir
oumstances as would lead n reasona.
Die man TO take the life of another ia
save ms own life or to protect him
ssii irorn great bodily harm, 1t was
their duty to ucquit him; othrrwis,
they must find him guilty of murder.
The jury in a Federal Court is moi an
tnorlZed TO say What the punishment
OF one found guilty of a crime shall he.
put me statute under which Andersen
was tried was peculiar. in that II in
vested the jury With thu discretion 10
aou a lille serving clause TO the ver-'
dict; that is to say. they might annona
to Il verdict OF guilty Of murder Inc
words, but without capital punish
incmt.' But the discretion Of the Jury
Is NOT, In contemplation OF law. to he
exercised on. of regard for The feel
ings of the defendant, who very MAIN
rai'lS objects 10 being hanged, but II
IS 10 be controlled BY sound
IN view OF possible e~Xtcnuating circun,-
SllngpS which nat,ctt--1
tloh with a due regard for the mairs
~ Of the law and the public welfare
tend To palliate the crime that has been
proven. 80"
Were there any circumstances con
nected with the crime of .Iphn Amber
sen that entitled him to the consider
alton of the jury? Now that the ca.c
mas progressed beyond the trial judge
n jury, the prisoner having been
convicted and sentenced. and his ann.,I
about to go up to the highest judicial
tribunal In the land upon questions of
law arising upon the trial, the interests
ot 1ohh andersen cannot be prejudgsd
by anything a newspaper may saw.
The District Attorney before the Jury
declared there was not Il single oy-
ner's favor.
Anderson was on trial for one canito,
CRIME; the evidence proved him guilty
OF threc. Andersen said he killed tho
captain in self defensc-no one saw
the deed; but the wound in the car,
tain's head and the position Of tho r,dv
when founds strongly support the theory
II n Andersen found him sleeping In
his chair and sent him to the bar of
hnal Judgment withou: arousing him
from his siumber. Re THAI rs il may
he Killed the captain. far lie says so.
Inc next step was to take measures
10 escape the Of his ac.
Whlle the mate remained alive tha
arres'. and punishment Of the murderer
was inevitable; the mate must lc mn
ouht OF the way. 10 resolve was 10 act.
n few minutes later the mate was dead
killed by the same hand that had kill
cd the captain. True. the defendon,
says the mate was in the act nr moE-
ihg n murdcrous assault upGn him: but
me testimony of':hc other witnesses mud
ai the attendant circumstances ara
directly to the contrary. Two crimes
had thus been commaticd; to conceal tha
evidence of both ); was necessary 10
commit a third. The decision was
quickly made; the vessel must 10. de-
Stroycd. In n few short l"ours she was
i'll flames. the bodies Of the murdered
men were ut tho bottom OF the sea.
and Tn" murderer, with his shipmotos
were upon The widc waste, of waters
in an men boat.
II does not arocar that Andnrsen's
lie was in danger. An hour and n half
elapsed between the difficulty between
the captain and cook In the galley
ana IN" killing Of the captain in the
cabin. According 70 all the authorities
andersen had ample time for his pas-
sions 10 cool. The circumstances irdi-
cate an act of revenge in the first place
upon one taken unaUares. and In NO
second II third places. crimes com
United to escape the ~;errors of ,hn
law. ~
80 the facts appear from n calm rc-
view OF the case from an unbiased
standpoint.