The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-12-21


matter how excessive his punish
ment. But, on the other hand, we
have laws of SANDER. Damages
would not suffice, say you? Then let
us, by all means, make SANDER a
capital offense.
Now we venture the opinion that
even II SANDER had been punishable
by hanging that fact would not have
stayed the hand of Mrs. Birdsong, be-
cause legal execution lacks the one
element that induced Mrs. Bird
songs crime-personai, physical re-
venge. But a few months ago a self
confessed wretch was legally hanged
in Mayfield. No time was lost in do
ing according to legal form what the
mob would have done had it had its
way. He could have been no more
thoroughly and expeditiously killed.
Yet, many were not satisled--some-
thing in them impelled them to
wreak personal revenge on the Great
ure to crafty their hate, which like
all human appetites and passions
grows by what II feeds on.
Herein lies the essence of the
"unwritten law" and the reason why
Il should never obtain the sanction
of legal consideration. Personal re-
tribution is wholly rrpugnant to the
principles of our law. Only society
is interested technically in the pun
ishment of offenders. But, we must
recognize the fact that at times I'M
der powerful excitation we are all
moved by such overmastering I'm
pulses to do bodily harm. even though
normally right thinking, sober m ID
ed people. And. recognizing t. ..ait,
we are constrained to deal leniently
with those who give way to their
passions when excessively provoked,
and we feel that no real wrong has
been done. But at all times the gull
ty person should be put in jeopardy
and made to prove his justification.
that others may not be encouraged
" lOAAOW AhC CAoiPAts
There is a law that authorizes a
man to protect mot revenge) the
integrity of his own home at what
ever expense to the intruder, and
as the Herald says. "often a man or
woman. crazed by jealousy. appeal
ing to the 'unwritten law claims ex-
emption from punishment"
The Herald would have the law
clearly expounded for the benefit of
such an one, but we ask, of how
much benefit would be statute de-
fining just how a person may be JUS
tilted in taking human life under
circumstances so provocative as to
take a mans sense of proportion and
sound judgment? We thought the
laws were written to define what a
man shall not do, not how far he
may go and be exempt. To reverse
the province of the law and make 1t
guide instead of prohibition,
would be like writing a treatise on
Murder Made Easy. or Every Man
His Own Lawyer" Already our
court decisions are teeming with
popular recipes for justihable homi-
eide. "a.
One time a snrewd criminal law
yer, having a good case. made the
point that the murdered one had
reached for his hip pocket. as though
to draw a revolver. A. judge, of
broad expression, embodied, the in
cident in the chain of circumstances
sustaining a pea of self-defense. An.
other case came up and the judges
opinion, uphold and preserved in the
published records. was cited, and be-
tween lawyers and judges was evolv-
ed the unique hip pocket" defense,
that has cheated the gallows of Ken
lucky and Tennessee of more we'll
earned victims than all the unwrit-
ten laws that were never written.
Just so would shrewd lawyers turn
to account the Herald's suggestion,
once embodied in the printed stat
utes.
Let us not invite more technical
defenses to the crime of homicide,
Let us rather trust to the "unwrit-
ten law" A public sentiment that
permits a man to "tote a pistol" in
defiance of the law and to the men
ace of the peace and welfare OF so
ciety and still call himself a gentle
man. will not be overly squeamish
when he uses the pistol for the only
purpose for which It ever was design
ed, the destruction of human life.
II is a remarkable fact that a man