The Denison review. [volume] (Denison, Iowa) 1867-current, 1907-07-10
THE UNWRlTTEN LAW

THE UNWRlTTEN LAW
1t seems to us that there is too
much talk of the unwritten law. 1t
will doubtless cause wave of crime
throughout the country. 1t is rever-
sion to type. The written law is an
evidence of civilization. the unwritten
law is remnant of savagery. Let us
take the recent trial in Virginia as
an example of "dementia Americana
The facts elictited at the trial were
these. The daughterof 1virginyeh
gentleman" who had been drunk for
three years. went to drive with
man OF her acquaintance. The girl
claimed that she took two drinks of
whisky from bottle which the young
man had. The result of the drive
was the ruin of the girl. She told
her respected father who Immediately
shot and killed the man. The defense
claimed that the story told the father
by his daughter drove him temporarily
insane and that he was not response
BILE at the time of the killing. The
court ruled that it was not important
whether the girls story was true or
not. that the question was as to
whether the story. true or untrue
effected the fathers reason. Under
his ruling the state was not allowed
to introduce any evidence to disprove
the truth of the girls statement.
The jury promptly acquitted the
father and he has been lionized by
the press and the people. In the
first place the doubt must remain that
the girls story was not true.
In the second place girl who goes
driving with young man and socia-
bly, takes two drinks of whisky with
him Is at, least guilty of sontrlbutory
negligence in her own downfall. 1t
may be ''de riguer" in Virginia.
but it is not in Iowa. The Iowa girl
who takes two drinks of whisky while
out for pleasure drive. lays herself
open to suspicion.
In the third place, the father who
for three years keeps himself in an
alcoholic pickle is also guilty OF con-
tributory negligence. The whisky
drinking daughter of a drunken
father does not appeal to US as a
proper subject for virtue spasms.
This does not mean that we condone
the crime of seduction. but we think
the dead man had some rights in the.
case. He could say no word IN his
own. defense. and the state was not
allowed to introduce any evidence to
disprove the story that pronounced
him criminal worthy only of swift
death.
The appeal to sentiment is being
carried much too far in our courts
and if persisted in. it will give to
every man the impression that he is
to be the avenger of his personal
wrongs.
Vengeance is Mine. Saith the
Lord"
We have in mind an incident illus
trating the unreliabllity of witness
which came to our personal know
ledge number Of years ago.
A young man was sent to the peni-
Tertiary for the larcency of ring
from the person of young girl.
The evidence was straight. The girl
swore that he had taken the ring from
her by force. that he refused to return
it and the ring was in his possession
when he was arrested. After he was
in they penitentiary. the case was
brought to the attention of the Cover
nor on an application for pardon.
The Governor ordered an investigation
upon which the following facts came
to light.
A number of young people had beer
to church during the week, on the
way home they were scuffling and the
young man took the girls ring ant
wore it. He accompanied her HON,
afterward. On the following Sunday
he again walked home with the cir
and went with the other young peopl,
to neighbors home. The girl aske,
4 for the ring and the young man laugh
ingly told her he was going to kee1