The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-09-22
Was 1t
,JuStifiable?
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k--A HE killing Of a human being
in sclf-defense is not muir
der; it is justhable homi-
eide. 'nintentional killing
resulting from carelcsSncss
IA Is granddaughter. Properly
spcakng murder is the pre-
meditatcd and deliberate
Killing of one or more human beings by
some person who is at the time respon-
sble for his actions-i. e., sane The
penalty fixed by law is death or I'M
rrisonment for life. Law recognizes
no such thing as justifable murder.
Elmer Ware was not threatened;
he was not attacked; his life was not
jsopardized by the man he killed, nor
did he feel any animosity toward him.
The killing was deliberate and prcmcd-
itated. though only for a few seconds.
The jury before which the case was
tried had no authority to judge
whether the premeditated killing of
an unoffcndng man could be justifiable
or not; the jurymens duty was sim
ply. to decide whether or no Elmer
Ware was guilty of the crime of muir
der as charged; but the verdict rem
dered was mot guilty" 1t was jus
tice versus law
Through a certain mountainous re-
EiOn I'm the west runs a branch line OF
n well known railroad. At one end
Of the branch is city of some 10000
inhabitants. and at the other end the
junction with the main line. For fifty
miles from the junction the branch
is all curves, grades, tunnels and
bridges, and then comes twelve miles
of nearly level track, all laid on a
gradual downward slope.
At the beginning of the slope there
is a long curve, and sycamore trees
grow thickly on both sldcs of the
track. A few hundred yards beyond
the grove of sycamores there is a
short spur, on which six or seven fiat
cars can stand at time. A long shed
stands near, and blocks of brown
stone are scattered about.
Roth shed and spur are on the wrong
side of the track, as the quarrios,
three miles away, from which the rock
is hauled. are on the opposite side;
this is because the ground, being lit
tie higher on the east side, required
less filling for the spur.
The trains on the branch road con-
sisted of two coaches, baggage, mail
and express car all in one, and an
eight-wheel engine built for speed.
South bound, these trains whizzed past
the stonecutters' shed at sixty miles
an hour, for that piece of track af-
forded an opportunity to make up time
The short trains never lost time them
selves, barring accidents. but they had
10 wait 20 the junction for the arrival
of the overland mail, which was often
late.
Besides the two passenger trains
north bound and south bound-there
was a freight every day: going up one
day and down the next. The north
bound passenger passed the stone
shipping spur at o'clock in the morn
ing and always on time to the minute;
hut the south bound train. due at $50
O'Clock in the afternoon, was often as
much as an hour late
As she whstled for the crossing only
on leaving the sycamore grove, II
would not give the rock haulers suf-
ficient notice if they happened to be
crossing al the time, and for this
reason the teamstcr who reached the
crossing after the passenger" was
due would stop his team and listen
for the train.
One evening the overland mail was
ill'lE NlAdll lNb lplllS ldlt at lit june
tiOn. and this was the primary indirect
cause Of Richard YOunE's death. The
second cause was the transfers care
lessnoss in taking too much for grant
ed, and his lack Of presence of mind al
the last moment: the third cause wa:
the heroism and Coolness, under the
most frightful strain, of Engineer
Ware.
Young reached the crossing late that
evening. He was in a hurry to get
his wagon to the shed, so that hi
could unhitCh and go home. 1t was
more than two hours after train time
and the train had never been so late
SO Young did not leave his wagon as
usual and walk forward to listen al
the track.
Toung's wagon, weighing two tons
itself, was loaded with seven tons oi
rock. The six horses pulled it bu
slowly along the level road, and wher
they came to the slight rise to the
crossing, they seemed hardly TO crawl
To lash the horses at such a time /,
worse than useless, for then they viii
plunge wildly, while the wagon tops
dead; only a steady pull will keep 4
moving.
When Young's leaders were on tho
track his ear caught the sound Of tht