The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-07-19
THE McAT HOUSE CASE.
Instance of the Manner I'm Which
British Justice Is Dispensed.

Philadelphia Ledger.
England has lately been much interested
in the Moat House murder case, which fur
nished all the material, even including the
name, for romance of the most tragic
kind. The interest in the trial of the de-
PENDANT, Samuel Herbert McDougal, who
has just been convicted was heightened by
the fact that the evidence against him was
purely circumstantial. McDofgai lived with
his common-law wife, a woman of consider
able property, at a remote and secluded
farm, known as the Moat House, from the
fact that 1t is surrounded by an ancient
moat. The farm was bought with her money,
and they went to live IL i'll the begin
ming of May, 1899. On May 10 she was seen
alive for the last time, and then she was
driving from the house with McDougal
without any baggage. When questioned he
declared that she had gone for visit to the
continent, but suspicious were aroused, and
when he presented checks forged in her
name at the Bank of England he was ar
rested. Moat House was placed in the Gus
tody of the police and the body OF the UNI
fortunate woman was discovered in part
of the moat which he had, shortly after her
disappearance. caused TO be filled up with
great care. He had lied about her move
ments; had attempted to get possession OF
her property, and had done many other
things which established a perfect chain OF
evidence, but Ii was purely circums tantfal.
Among other facts presented to the jury was
the previous mysterious disappearance of
the other women of means whom he had
married.
This brief statement of fact is designed
TO show that here was foundation for one
of those grand and sensational trials which
occasionally keep the whole American pub
lie agape for months or even for years. They
do better I'm England. There was great ar
ray of witnesses, but the trial consumed
only beggarly two days. The jury was out
ffty-five minutes, and pronounced the &C
cused guilty. and the judge sentenced him
to be hanged.
ticularly in New York city. there would
have been a wrangle of days. or, perhaps,
weeks. about the selection OF a jury. The
jury in the Moat House case was sent into
the box in a few minutes. In America. as
Stunning that the jury had not been hope
lessly befuddled by the contention of expert
witnesses and the wrangling between OPP
posing counsel, and that eventually, after
many historical and awful days, the man
had been actually convicted and sentenced.
we do not see how. without anfinfrngement
of all recent presidents, that man could
have escaped a new trial. But if a new trial
were denied. there is no doubt about the stay
of execution pending appeal. and then an APP
peal. with recourse, If need be, TO the writ o:
habeas corpus. and finally wait of three
years or more. while a thin technicality
should be determined by the higher courts
of the State In succession, and finally. per-
haps by the Supreme Court of the United
States.
Suppose the counsel in the Moat House
case had tried any of their pettifogging
about the selection of the jury. They would
have had no motive over there 10 wrangle,
except for pettifogging purposes, because
the jury panel was almost certain to be un-
packed; but suppose the lawyers had tried
IT, The English judge would have scowled
them right out of court and IL they had not
obeyed his stern commands they would have
been thrown out. And If the counsel had
shown their contempt for the court and the
majesty of the law in the conduct Of the
case, they would have been disciplined In the
severest fashion, and would have fallen into
disrepute with the judges and with their
professional brethren.
And IL is positively unthinkable to any
one who knows anything about the admins
tration OF justice in effete England to sug-
gest that the counsel for the defense would
dare to play with justice by continuous APP
peals and attempts to obstruct the course
OF the law by recourse TO fiimsy TECHNICAL
ties.
We merely state these facts and make
these reflections for the benefit OF those per-
sons who are just now inquiring rather anx-
iously for the deep underlying causes for the
growth of the mob spirit and the contempt
for the law displayed by the average Ameri-
can citizen