Daily press. [volume] (Newport News, Va.) 1896-current, 1907-02-13
THE UNWR|TTEN Law
What Judge Roger A. Pry
Or, Former Virginian
Says About it.

retired from the bench of the Su.
premc Court OF New York, Is n Vir.
ginian, who had characteristic and
! well.known ideas about chivalry and
honor rs factors In right conduct He
mas always refused to prosecute or
sit In Judgment upon criminal cases
though he has occasionally defended
them. Asked by the Sunday World
for definition of "unwrittcn law"
Judge Pryor said:
| TO get ut what we hear call the
unwrittcn law in cases of homicide
| 1t is necessary. first of all. to find
out what the law is that Is written.
| The Penal Code of the State of
New York. in Section 1873 and follow.
| Ing, denies homicide as the killing OF
one human being by the act, procure
| ment or omission OF another" and
then proceeds to specify when It is
| nNcusable or justifiablc. Accident or
! misfortune may excuse killing, and II
becomes iustifiable In various degrees
under circumstances of selr-defence
in the discharge of legal duty, etc:
| also in the defence Of others when
| there is reasonable ground to appre-
bend design on the part of the per
son slain to commit felony or to dc
some great personal injury
Here we have in codified form
what is. or has been, 'uawritten law
| in some new or outof-the-way com.
| munities. or in primitive times sim
NV because the elaborate Penal Code
which we know is not, or was not
| there is existence. Such conditions
| 10 not prevail here. In New York
there is no recognizable unwritten
law, nor anv tacit official aclnow
| Judgement of It as legal factor.
"Tho proceedings Of personal honor
md of chivalrv toward women. which
most persons have i'm mind when us
'rg tho phrase under discussion, be.
| long to ethics rather than to law
They are taken for granted. like
truth-telling and business integrity
| md are not to be urged or argued
Their expression is in acts and the
| Interpretation Of acts. not in words
The spirit inspires the deed but the
letter does not forbid or demand II
Men in some sections may he by
nature or tradition more impulsive
han in others and impatient for Quick
| action. vet actuatcd by the same mo
| tivos Of Justice arrive at the same
verdicts by different lines There mr.
"arious WAYS. all ----- legitimate
If securing an acunittal for rersonsI
charged with homicide under emotion
| VI circumstances.
"Tr We take tho celebrated cases Of
he last half century. from that Of
Sicklcs-Key to those figuring i'll the
| rows of today, it will be found that
invariably the persons supposed to
| '>e under the protecting aeCis of UNI
written law have been defended and
acquitted on sound technical pleas
,ulte the opposite of anything vague
md sentimental.
"The extreme delcacy of cases af
| fecting women's reputation is popu-
| 'arly regarded in some quarters ns
\ raison d'etrc for that finer sense
# duty toward the sex which in the
Middle Ages was chivalry and today
IS called the unwritten law
TN renlv to the Guesti NJ. How can
| t be codified? | should say: BY in
sorting in the existing Penal Codes
nategory of conditions cxemDtine
from punishment for homicide q
clause to the effect that debauch,
! ment or assault unon the honor OF
In wife. mother. daughter or sister
night under certain circumstances
Justify the womans legitimate or
! natural defender in taking the law
| HlO MS OWL HdiiNS.
But that IN New York or in any
,ther State of the Union today would
Nc a paradox. BY opening the way
| FOR individual license Of Judgment
| md execution the law would stultify
itself Unwritten law thus codified
would be very much like written law
'essness."
The World follows the above opin'
| 'on of Judge Pryor with an account
| If number Of cases where the so
called unwritten law has been applied
IN Europe, from which the following
Is taken:
| Notable Example Of Unwritten LAW.
Among the s31eral stories current
| concerning the mysterious tragedy of
Neyerling, which robbed the venera-
Vie Emperor of Austria Of his only
| ION, the most generally accepted YER
zion is that he was slain by the UNI
rles OF Baroness Marie Vctsera. or
else that he was subjected by them
| . such bodily injuries that he blew
his brains out, the men having learn
ed of the Princes intention 10 cut
| adrift from the girl. in compliance
with his pledge to his parents, in
| stead OF marrying her after securing
| 4 divorce from the Crown Princess
| Stephanie.
One of the uncles persisted at Mey'
"rsling at the time of the death OF
| he Crown Prince and Of the Baron
>ss. But no ATTEMPT was ever made
w the authorities to follow uD those
Who participated in this shocking
| drama. and the surviving relatives of
| -hc girl even with the imputation
~rstine- at their doors Of being re-
Snonsible for tho death of the heir
10 the throne-that Is to say, of n
"rime construed by the code as high