Los Angeles herald., 1907-01-10

Much is heard now OF the phrase.
THE Unwritten Law" Hardly is
there committed any crime of violence.
to avenge a woman wronged, into
which can be injected sympathetic cir
cumstances which seem to palliate the
murder, but what the assassin pleads
for his justification "The Unwritten
Law"
When Harry Thaw on that summer
night on the roof of the Madison Square
garden drew his murderous pistol on
stanford White he did more than re-
move a hated rival. He put into crimi-
nal court procedure a phrase which,
although not new, had been but seldom
heard, put where it is now destined
to figure often In murder trials in the
next few years.
The Unwritten Law" They are all
using it in their pleas. Mrs. Birdsong,
Judge Favrot, Mrs. Bradley suggest
themselves Immediately, and not
week passes but the press gives the
names of others.
Briefly expressed, the "Unwritten
Law assumes that over and above any
earthly regulations to be found in the
works of Justnian, Coke, Littleton or
Blackstone is a higher law based on
an abstract justice. which provides that
where the law does not specify proper
revenge for a woman wronged ii is
within the right of the wronged woman
or her male defender to execute venge-
anCe.
The plea is absolutely one of senti-
ment. Nowhere in the entire range of
legal lore will be found a word that
supports it. 1t is opposed to the belief
of the courts that the worst thong that
can happen to a community is for in
diNtduals to take the law into their
own hands. even though it be to punish
their wrongs.
Yet the "unwritten law" is popular.
not only as a means of defense, but as
an appeal for sympathy.
The Thaw case is an illustration.
The life of the entire trio concerned
in the drama was subject to gravest
criticism. None of them had so lived
as to deserve public sympathy, or even
tolerance. Thaw had been wild
devil-may whose extravaganza
and moral lapseS were often subject for
comment His wife, the beauteous
Evelyn Nesbit, at least up to the time
of her marriage led the existence of
the butterfly the model, actress and
rich masculine tritler's boon companion.
White, though a man of great abilities,
had INDUCED himself in habits of loose
living that could not but grieve the
conservative.
The manner of Whites killing was
not brave. The assassin walked up be-
hind an unarmed, helpless man seated
at a table, and shot him without warn
ing.
Yet the instant Thaw pleaded justi-
fcation and argued that White had
maligned and prosecuted the young
wife, who was making an effort to live
down the past, public sympathy
turned to the prisoner, and though the
second sober thought somewhat toned
down the first outburst. it is a fact
that If vote were taken the big
of people would be glad to
see the prisoner of the Tombs cleared
at his forthcoming trial.
In casting about for counsel to fight
his case, Thaw went to California for
Delmas, a lawyer who had made his
by cases won on the plea of
justification.
This case although it still remains
untried, and may have a different end
ing from that expected by the defense,
launched the "Unwritten Law" into the
fashion in homicides.
The case of Mrs. Angie Birdsong of
Mississippi which has been decided,
may indicate this.
Her physician and close friend, DIR.
Butler was discovered by the lady to
be circulating SANDER concerning her
character. Evidence of his guilt in this
tattling role must have been satisfying
to Mrs. Birdsong. for she at once took
means to properly punish her traducer.
The average woman would have gone
to her husband and suggested that he
adjust the matter, but Mrs. Birdsong
was made of sterner stuff. Instead. she
sought Butler out and shot him down
in the public street, firing shot after
shot into his body after the first bull
let had brought him to the ground.
This happened In Mississippi a state
famed for its chivalry to the fair sex.
Fullest effort was made to get the SYM
pathy of the jury. The children of the
defendant hung to her skirts while the
case was being tried, and a star attor-
ney pleaded the justification of the
"Unwritten Law" with commanding
The lawyer and his asso-
ciates in the defense We're so confident
of an acquittal that they We're pre-
pared to submit the case without a de-
fense.
Yet the jury found a verdict of guilty
of manslaughter and Mrs. Birdsong,
unless an appeal brings some relief,
must spend five years in Jail at hard