Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1907-03-28
ENGLISH AND AMERICAN JUSTICE
CONTRA STED.

Two famous murder trials in England
and America respectively have served to
emphasize the marked contrast between
the methods of Justice in the two
countries This striking difference en-
braces nearly all court procedure, but 1t
is most conspicuous as regards the ra-
pidty of Justice
The trial of Harry Kendall Thaw for
New York near the beginning of Feb
ruary, and It has therefore been drawing
| its slow length along for nearly two
months. The appeal by District Attorney
Jerome for a commission in lunacy at this
stage of the trial, when the testimony for
both sides was practically completed in
into the case, and if the appeal is granted
! by the court a now factor of delay will
make It's appearance for no one would
dare to predict how much time such q
commission would require for the com
pletition of its work. If the accused should
be declared to be now sane, the tria
would be resumed whore 1t was interrupt
ed by the prosecutions application for a
commission to determine the question Of
the prisoners present sanity. IT, on the
other hand, Thaw should be pronounced
insane by commission, he would he
committed to an asylum and whenever
he became sane, he could again be placed
on trial for murder.
How differently courts do things r
England,
After trial lasting less than a day
Horace George Rayncr was convicted or
the charge Of having murdered william
Whitley, a well known merchant, of Lon
don, and sentenced to death. The murder
was committed on January "a last; thu
murderer was tried and sentenced OF
March %, and he will be executed or
April % More noteworthy still the jur!
deliberated only nine minutes.
The contrast between the rates o
progress of these two trials is all thu
more significant in view of the marked
similarity in the two cases. In boil
instances there was no question abou
the shooting by the prisoners. In eacl
case the accused claimed to have com
mitted the crime under stress of
brain storm" The facts in the Thav
case are so we'll known as to need NJ
reference here.
In the Rayner case the responder
claimed that his victim was his natura
father. The wife and other relatives
the prisoner described the prisoner a
being moody, morusa and eXcitable, a
well as eccentric. 1t vas not denied tina
there was a scandal involving the muir
dered man. but it was shown that tn
accused had tried to take advantage o
this fact to pose as the son Of the dea
tribute to his support Rayner's counse
in speaking for the defence said tina
rightly or wrongly Rayner believed h
was Wh!teley's son, and contended tina
the prisoner was degenerate, who's
mind was tainted, and weakened by tn
over-indulgence of two generations of hi
family in drink.
The Lord Chief Justice in summini
up the situation said that the jury mus
dismiss from their minds all question
of the sanity or insanity of the prison
or. If Rayner drew a pistol on MI
whitley with the intention of KILN
him, they must find him guilty of VII
full murder. There was plainly as grea
an opportunity as in the Thaw trla
to devote many days to the considera
ton Of the evidence of specialists, bu
practically no expert testimony was in
troduced by the lawyers for Rayner.
The same contrast Will be found al
ter sentence as before. In this coun
try man convicted of murder is sti
, far from the gallows or the electri
chair, especially if he have none
enough, and as shown by Patrick h
may escape for years. and as in tn
, cae of Moineux, finally go free.
England there are no legal courts
appeal, and unless the secretary {
the Home Office grants a commutatio
t of the death sentence. which is unu'
o ually rare Rayncr will surely pay til
penalty of his crime
1t is hardly surprising under thes
| circumstances to learn that the erin
of murder is much less frequent
England than in this country, an
- there arc not few thoughtful pei
= sons who hold that it would have
wholesome effect, If brain storms al
the like could be eliminated as
: ground OF defence for the crime
. murder in the United states. TT
! plea of insanity has allowed altogeth'
too many murderers to go free.
- 49, 49,
c MILK AND TUBERCULOSIS.
IT is not many years since Vermont W;