The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-09-10

Many WHERE iuTtr~ tsass
Hefn~~i Ia Convict Men Tor
enx Nossans@ Honor.

mother Ia Shaving saas one more 8"
ne Ion. Isl of Instances IN which
American turgcs have followed the so-
called "Uawrttfen law rather t5@n RAe
statute books
Tr~r. are now 50 mans pr~cedenfs
far .acs ar4uttfats that = sc.ild - al
most fair 30 sax the una rttten "a"
has become the law of IN" land 1"r}.
mon Law n based upon precedent and
the pr~c~s~n:s are almost uaAfstEaah%
in favor Of the assertion that ans man
has a right 80 kni the betrasvr -
his wife. hts sister or hF$
Jurie% 81 many states have - decsa"t.
and lawyers in many safes have 50 de-
c.aes and lawyers a-e beginning 70
ask each other lis i; not time thar
the unwritten Law Vas written aud
made statutory.
Al the meeting - the American Tar
Association nj - Paul last ear
Thomas Herman an eminent law
yer. or Baton Rouge. La. made an
address IN which NJ prop.s*&t ten
statutes codifyinE the "unvritten laNs I
HIS proposition wa made In a *arcaSf-
fc vein. bGt many lawyers received
II seriously. saving that II weuti be
better tc l~egalize such killings than
TO nave tur4eS continue 10 defy the
statutes by acquittins the siayars and
so bring the Law into d~isrespec' MIR
Herman proposed the following
statutes:
Law :. mar who commits Grim
NAL assault upon a woman or caaSte
character shall. without trial or hear
ing Of any kind. be instantly put t.
death by his eaptor-. or other holy
Of respective citizens not loss han
three in number and. they shall have
the rig 10 determine the mode Of
execution. which may be botn cruel
and unusual. the constitutions n
laws OF the state notwithstandtng
Law II. ANY mar Who commits
t n nrfrrtral n3FENRAfla1 MAY he NM f1
death with impunity BY the injured
husband. who shall have the right
10 determine the mode Of execution.
be II never SO coUardly.
Law III. ANY man who betraNs
innocent girl may without hearing tie
shot or stabbed 10 death by her or
any near relative. and. deemed neccs-
sary by the slayer. such shooting or
stabbing NAV be done In the back or
While lying In wait
Law ~. ANY man who traduces
a virtuous woman's character for
chastity may be shot with impunity
by her or her husband or any near
relative. but the offender must nrst
be given an opportunity to deny or DIS
prove the charge or TO retract or APP
ologize."
The other laws proposed cover such
subjects as quelling. resenting a vile
epfthet, etc.
This code sounds strange to the legal
IiIIlI0, u DIS Il Hldtitt "a 1'tH 1f+Ns
does 1t not fairly express the con-
ditions existing today. when turies IN
many States justify by their verdicts
the Staying OF betrayers Of women?
Here are a few OF the most strik
ing instances in which juries by acquit-
ing have justified UGH vengeJnces.
In many cases temporary insanity
has been the ostensible ground for
acquittai, but in all Of them the real
motive ~actuating the Jurors was what
Is called the "unWritten law The
case of Mrs. Bowie and her son Henry
is too recent to need more than a
mention.
It is only a few DAYS since a Virginia
Jury acquitted Judge Loving, who
killed the man he believed TO have be-
trayed his daughter. In this case the
jury appended to its verdict the com
ment that 1t did not believe the girl
had actually been betrayed-which
seems to be a precedent for the ex-
traOrdinary assertion that the prisoner
should be acquitted even II his be-
lief IN his victims guilt was erro-
neOus.
New York has furnished the most
famous pair OF leading cases and Bret
Harte has immortalized them in his
lines:
"He did what Sickles did to Key.
What Cole on Hiscock wrought did
he:
He drew the weapon Of Bowie.
proved the marriage sanctity."
General Daniel +. Sickles. Of New
York, shot Philip Barton Key. who
had betrayed Mrs. Sickles. General
Cole. on precisely similar grounds shot
the brother Of United states Senator
HiscOck in Albany. Both Sickles and
Cole were acquitted.
Another more recent New York
case was the acquittal OF David Han
nigan. who shot Solomon Mann for be-
traying H~annigan's sister. Loretta.
a New york grand jury refused to
Frederick T. Scobev for killing
G. Dickinson. when Scobey
found him with his wife.
h District Of Columbia. for it's
size has furnished more Of these thar
any other state or territory. It was
q washington jury that acquitted Gen.
eral JSickies. IT was a Washington
that Acquitted Mrs. Bonnie. who
killed James &. ANree in defense Of her
honor. And it seems to be generally
that the Washington iurv
will try Mrs. Anna Bradley for
she says, was the father Of her
tWo children. VIII acquit her.
IN Louisiana when DR.. Ford was
sent to prison for killing Kilpatrlck
p@trayer Of his wife the Governor
promptly pardoned The SLAYER.
Again in Louisiana. the grand t,rv
- @-1a 6a0tAt July H
refused TO indict George X. FayroI
shot DIR. r. II. Aldrich for ira
auc!ng the fair name Of Mrs. Favrot.
The StrotheT bows. who killed w +
SSWater. the betrayer Of their sister
were acquitted by a Virginia Jury.
When John Anthony winston. in
Aiabama, slew the man who had
his home. he was not only
lcduitted but elected Governor of the
Harry L. Edwards. who killed Or.
herkendorf for betraying his wife
was acquitted by a New York Jury 1,
NF. Grace Hutchinson. Of Cali
.ornla; killed Mrs, Carl Bode. whom
astray. and the Jury acquitted he-
Mrs Nellie Gordon and a son Of
governor Brown. Of Kentucky. were
.ound guilty together by the woman
husband. who killed them on the
pot The grand jury refused to in
iict nun. and Governor Brown said
nat had Gordon been indicted and
.ohylcted he would Immediately have
)ardoned the slayer Of his son.
Hero 2Ta .