The Washington herald., 1907-12-04
The BradIcys CT al.

Whatever may be the abstract legal as
pect of cases such as the famous one Just
brought TO a close in Washington, it be-
comes more and more evident every day
that juries of this day will not convict
defendants so arraigned. With rare and
sharply differentiated exceptions, the re-
suit is ever the same-acquittal
The oath that binds a juror to find a
verdict according TO the facts as obtained
under the legal rules Of evidence and the
law as given him in the charge by the
court is generally accepted as of an elastic
character nowadays. II verdicts of ac-
quittal in these cases appear satisfactory
to the conscience OF the average upright
and honest juror, he quibbles not with
himself as 10 the exact psychological steps
by which he reaches such a verdict Being
convinced in his heart and soul that such
finding is just and proper in the sight
Of man and his God. he cares very little
for mere detail. The niceties. the exacti-
tudes. the technicalities Of the law be-
wilder him, anyhow. He appears to
grasp one central and dominating idea.
and about it he shapes a decision that he
hesitates not TO give fun force in law.
notwithstanding the ifs, ands, butts. and
wherefores.
In his message to Congress. read yes
terday, the President expresses a great
truth when he says: 1.-The two great evils
in the execution of our criminal laws to-
day are sentmentality and technicality." 3"
1t is doubtful If the exact status Of
affairs could be more lucidly expressed.
We agree with the President further when
he says: For the latter (technicalities)
the remedy must come from the hands Of
the legislatures. the courts, the lawyers
The other must depend for its cure upon
the gradual growth of sound public
opinion. which shall insist that regard
for the law and the demands Of reason
shall control all other influences in the
jury box"
Just how these reformations are 20 be
fostered and brought about the President
does not suggest. In both the Thaw and
the Bradley trials is presented a bewil-
dering mass of both sentiment and tech
nicality- Thaw has not been convicted
doubtless never will be. Mrs. Bradley is
free. As abstract propositions. such trials
are not to be viewed without uneasiness
and shame by the lawyer of intelligence
and character. The plea, emotional in
sanity" broadly speaking. in these cases
Is palpably insincere- To maintain that
plea, set Of so-called 'alienists" usually
is summoned by the defendants. and to
combat It. a set summoned by the state.
Each swears according to the side of the
case summoning. and gives answer to hy-
.pothetical questions, thousands Of words in
length, Utterly nonsensicaI and silIy-and
Of as much service as an enlightening fac
tor to the jury, doubtless. as would be a
Greek lexicon. The jury understands that
such a plea is mere anchor TO wind
ward and entered for the sole purpose
of giving the plea of mot guilty. en-
tered in connection with the insanity plea.
OF course. legal standing To this farcical
proceeding is added the usual weepy trim
ming-and the trick is turned.
1t must be patent to all lovers Of home
and country. their laws and traditions.
that we are treading on dangerous ground
here. That the President. or some one
else whose words count for much. may
in time be able to offer us something bv
way Of detailed remedies, along with a
statement Of the evil conditions existing.
is most profoundly to be hoped.