Daily press. [volume] (Newport News, Va.) 1896-current, 1908-01-10

United States and the Simultaneously
pay an annual tax CT s5li9.95.
why is 1t that the Pullman Palace
Car Company only pays s67S.1O for
the support of the state government:
S27l.25 for the schools, and nothing
for pensions?
why Is 1t railroad property Is
worth $4,000 per mile when 1t Is Il
question of enacting tolls from the
people. and $4,000 per mile when II
Is question OF paying taxes to the
people?
1t will be hard for the public to
overlook the speakers comment on
the "unwriiten law" which. accord
Ing to Mr.. Byrd, threatens to set at
naught the written law SO far as 1t
protects the life OF the citizens" Here
Is part of what the speaker said:
Certain recent events have dis
closed n lamentable defect in the law
OF homicide.
The unwrittcn law threatens to
set ut naught the written law so far
as 1t protects the life Of the citizens.
The unwritten law proper Is not
defense of insanity hut OF sanity.
1T is based upon the fact that ju-
ries will not convict husband, faith
or or brother for avcnging ar out
rage upon wife. daughter or sister.
1t is based upon the feeling that there
are certain offenses so gross and so
outrageous that the injured man is
justified in taking the life OF the of.
render. The slayer is excused not pa-
cause his reason was obscured by any
frenzy, but because he knew what he
was doing and did rightly This is the
true unwritten law and however much
1t may be deplored 1t has found
tenacious Judgement In the minds. or
rather in the hearts OF iuries.
This fiction of insanity Is perfectly
transparent and deceives neither the
Judge. the jury. the counsel nor the
bystanders. The trial Is n more or
less solemn farce, enacted in n court
house instead of theatre. with the
Judge, the jury. the prisoner. the Wit
nesses and the lawyers as the dra-
mails person, and the eager public
as the audience. Only the bloody trag-
edy which supplies the motive of the
drama and the elemental human pas.
sion with which II deals. prevents II
being ridiculous.
Grossly Unjust.
The development of the fiction OF
legal insanity. II | may be permitted
to use the phrase, has resulted in
strained and grossly unjust law of evil
dence applicable to such cases.
ut is argued that as the mental
condition of the accused ut the time
OF the killing is the sole question the
defense need only prove verbal
communication to the accused OF sucn
a nature that his lawyers may argue
temporary or emotional insanity re.
sulting therefrom. In fact, the less
basis there Is of truth. the stronger
the defense of insanity.
What seems to me to be intoler.
able condition ensues as the logical
result of this theory of the unwrit-
ten law" added Mr. Byrd. "The de-
Tense is allowed to prove any state
ment made to the accused incriminat-
ing the dead man, the more vile the
accusation the better 1t is for the de-
Tense. but neither the prosecution nor
the friends and relatives of the muir
dered man are allowed to prove that
these charges are false.
The dead man Is thus twice tried
and condemned unheard--once by his
slayer, who robs him of his physical
life. and again by the law. which adj
mits the accusation of his turpitude
but refuses to hear the proof of his
innocence, and thus robs him of his
reputation.