The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1915-06-04
A Defense that Courts Should Reject.

A Baltimore has been to the pcni-
Tertiary for manSlaughter the result OF rcck-
lessly running his automobile through the streets
of that city. The only defense he made was that
he was intoxicated. The Judge did not consider
that defense. The convicted man might as well
have appealed to the court for sympathy on the
ground that he was ignorant OF how to manage
his machine, or that he too nervous to con-
troll it One defense is good another There
is defense in any OF them. Al Jennings. the
Oklahoma outlaw, who for several years
confined in the Ohio penitentary, says that about
-ourthS OF the prisoners in that institution
put in the plea OF intoxcation as responsible for
their crimes, because they had learned that that
was good appeal for sympathy and cemcncy.
Investigation showed that the majority OF these
men had not been intoxicated when they COM
mittcd the crimes for which they were punished
and that many OF them were tectotacrs.
The governor of OF the great States in
the Mississippi Valley has been overwhelmed with
appeals Tor pardon and has in several instances re-
fused to follow the recommendations of his board
OF pardunS because nc found thcv had been influ-
cnced by this old appeal for clcmcncy. As a tee
tutacr. tho governor could find no more excuse
for getting drunk than for robbng a house
or killing another man. and looking back over the
court records he found that the judges had heard
these explanations and refused to believe them or
accept them any excuse Tor the crime with
which they charged.
That governor and the Baltimore Judge deserve
to be commended for the stand they have taken
against this old plea of intoxication as an excuse
for crime 1t has been overworkcd. When more
judges and governors throw such pleas out
OF court and follow the letter and spirit of the
law. there will be higher regard for the law, a
better OF responsibility for avoidable acct
dents, and VIC will not hear so much mawksh
sentmentality about the responsibility of the
man when tipsy The automobile is great con-
vcniencc. but it is also great danger in the hands
OF the reckless. ignorant incompetent driver.
In New York City the death rate from automo-
bile accidents increased So per in the last year.
from ~ in the first five months OF 1914 to 50 in the
first five months of 1915. Where millions of public
money is annually expended to reduce the mortal
ity from disease, poverty and ordinary accidents
it is not agreeable commentary to read of an
increase of SO per cent in the fatalities from reck-
less OF this comparatively engine for elm
mating space and time. There should be no excuse
for recklessly driving these machines through the
city streets, least OF all should the excuse of
drunkenness be accepted in any way relieving
one of responsibility. When men learn by expert
ence that judges will not accept this old plea as
ground for modifying sentences, there will be
fewer to make it. Very few men become in
toxcated by accident and holding a man account
able for his actions, drunk or sober, is the best
way to teach temperance Why don't some of
our professional temperance agitators take up
this side of the question.