The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1910-09-21
THEY WILL NEVER CONVICT
CRIPPEN," SAYS MINTNEE

John F. Mcintyre, who tells the
readers of The Herald today that
DR.. Crippen will be acquitted of the
murder of Belle Elmore Crowded
the British authorities have no evil
dence beyond the facts cabled to
American newspapers, has wider
experience with murder trials than
any other American lawyer.
The public outside of New York
knows him best as the defender
of Capt Peter c. Hams and his
brother, 7. Jenkins c. Hams the au-
thor, who were tried for the murder
of VIM. +. Annis. The author was
acquitted, He was also one Of the
lawyers who defended Harry Thaw.
Mcintyre has sat on one side Of
the trial table or the other in 700
murder trials. In GA of these cases
he was the prosecutor He served
IA years in the New York district at
torney's office. and in that time Sc
cured $50 convictions. for various de-
grees of homicide.
He was the prosecuting attorney
Il
chapter in New York criminal his
tory. This was the New York coun-
ty court term from November, 1894,
to January, 1895. In this period "A
persons were tried for murder, and
Mcintyre secured the conviction of
every one of them
He has sent hundreds of murder
ers to the gallows and electric chair
"In my opinion DIR. Crippcn will be
acquitted of the murder of his wife,
Belle Elmore The principle of law
known as Lord Hale's rule will save
him. The crown attorneys will fail
to establish by direct proof the basic
part of the corpus deficit, the body
Of the crime-the fact that Bell Ell
more is actually dead or that DR.
Crippen used violence upon her sut-
ticient to cause death.
such an acquital would not come
from jury, which is swayed by
sentiment The jury. no doubt
would be morally certain of Crippen's
guilt, and would bring in verdict
Of conviction on this certainty.
But Crippens case will never 60
to the jury. II will be argued on
bloodless legal principles before the
icy reason of a Judge. No sentiment
will have part in that argument III
will be a marshaling of legal pre-
cepts, impersonal as rock, rigid from
their crust of centuries of custom.
1t will be point for the Judge to
decide. His decision must conform
to the law. He must solve the point
as he would arrive at a solution of
a problem in chess or algebra. His
feelings cannot color his judgment
No question OF moral guilt or inno-
Cence may enter into il. His pas
sionleSs eyes must not take in the
spectacle OF the shivering wretch IN
the dock. to whom the decision is
life or death. The point will be
purely a matter OF English law
in making this prediction 1 want
my opinion upon the facts in the
case as cabled to the American
newspapers According to the ca
bled reports, the best experts of Eng
land have been unable to determine
whether the fragments found buried
in DR.. Crippen's cellar were those OF
a body of a man or "A woman. let
alone trying to identify the remains.
If that Is the true situation, Grip
pen will go free.
"Of course the British authorities
may be concealing additional facts In
their possession. II they have posi-
lively identified the remains as hose
Of Belle Gilmore. and have been able
to determine the cause of death,
wouldn't give much for Crppen's
chances.
"Once tt. corpus delicti is proven
absolutely. then the prosecution may
proceed to prove the guilt OF the ac-
cused by circumsta initial and pre-
sumptive evidence,
The principle OF the corpus deficit
is good law in Now York and in
England az well. Arthur Newton,
who will defend Crippen, is one of
the cleverest British lawyers. He is
a young man who Is rapidly taking
the place of the brightest minds in
1.-The declining generation Of English
advocates. From what l have read
of the case, believe he will be Ger
tain to rest his case upon the cor
pus deficit rule.
"Crlppen lives or dies as the body
is Identified or not. 1t would do the
authorities no good to call the re-
mains those OF Jane Doe, an IN
known woman. For then the cir
! cumstantial case against Crippen.
lacking that most important ele-
ment OF all--the motive-would fall.
Not even a complete confession
from Crippen would avail The con-
fession must be corroborated by facts
Of an overwhelming weight or pre-
sumption. No Judge would allow a
jury to presume the corpus deficit
proven unless there was very per-
feet, IL not an absolute identlfica-
ton Of the dismembered body.
1T is a fact that in New York
state today a man may commit muir
der with impunity, II he is able TO
do the deed in absolute secrecy and
dispose OF the body so that it Is new
er found or Identified The very
stones might cry out the guilt OF
such a man and the accusing finger
OF every human oeing might be
pointed at him. yet he would be
safe from the clutches Of the law.
and this is true in nearly every
state in the union"