The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1912-05-16

twenty-five centuries ago the
equivalent of the Missouri State
statutes governing capital offences
were in force in the Holy Land. Muir
derers were hanged, those who COM
mitted manslaughter suffered the
same penalties that are enforced IN
Missouri to-day, and some OF the
chief defenses to charges Of murder
and manslaughter that are figuring
in criminal trials now were recog-
nized then-self-defense, the "un-
written law" inevitable accident and
insanity.
The Book of Exodus is one Of the
chief sources of information on Jew
ish laws of the age when Roman
triremes swept the Mediterranean
and Caesar was yet unborn. who
soever smiteth a man so that he die
shall surely be put to DEATH" says
the Book of Exodus, chapter II,
verse 12. The next two verses add
that eff a man lie not in wait, but
God deliver him into his hands, then
/ shall appoint thee place whittier
he shall flee., But if man come
presumptuously upon his neighbor to
slay him with guile; thou shall take
him away from my altar so that ne
may die
This means that when the defend
ant charged with murder could show
that he had killed his adversary in
sudden heat of passion then he
should escape the death penalty If
he could fee to the horns of the al
tar. If the defendant had waylaid
his adversary, showing premedlta-
ton, then there was no excuse from
death. This is pretty much the mod
ern criminal law.
Verses 1919 provide for the COL
lection of money damages from one
responsible for accidental injuries
inflicted on another.
"And if men strive together and
one smite another with stone, or
with his fist, and he die not, but
keepeth his bed; if he rise again, and
walk abroad upon his staff, then shall
he that smote him be quit; only he
shall pay for the loss of his time and
for his cure" Personal injury suits
were known to Roman civil law and
to the laws of the ancient Jews. Had
there been a United Railway company
in Jerusalem the provision in Exodus
would have covered the ground-the
company would have to pay for loss
of time and doctors bills and other
items usually specified in a suit for
damages.
The death penalty was not the only
one denounced against the murderer
by the ancient law. In Genesis tx,
6, it is stated that Cain was not capi-
tally punished. The exceptions to the
rule, that death should be the penal
ty for taking the life of another,
forced themselves on the law
makers. There were certain sltua-
tions that could not be dealt with by
the death penalty rule. In Deute-
ronomy xix, 4, 5, 6, II, IL, it is pro-
vided that "whoso killeth his neigh
bor ignorantly, whom he hated not
in time past as where man claVetn
wood and the axe lieth from the
helve and killeth man, he shall
fly to the city for refuge" These ex-
ceptions were not fully recognized
and the "avenger of blood suppos-
ed to be the next heir of the deceas-
ed, had the right to avenge the kill
ing of his kinsman by Staying the
one who had killed his kinsman, if
the slayer could be caught before he
had reached the horns of the altar.
s'But if any man hate his neighbor,
and lie in wait for him, and rise up
against him and smite him mortally
so that he die and feeth to the city
of refuge, the elder of his city shall
send and fetch him hence, and de-
liver him into the hands of the
avenger of the blood, that he may
die This makes it clear that the
chance of escaping the penalty was
not to be extended to one who had
committed first degree murder. Vol
untary homicide was inexplicable and
1nexcusable, as appears from Num-
bers xv., 27, 81. If the avenger OF
blood was unable to execute the
slayer of his kinsman, the slayer was
capitally punished by judicial sent
ence and no ransom was permitted
him nor could he buy of the prose
cutting witnesses by paying damages
for the wrongful death, as appears
in Numbers xxxv., 81.
The killing of one about to commit