Evening star., 1933-01-15

that the dread fate OF that quartet
had is beneficial effect, and that other
romantic couples, distressed by the exist
ence of an inconvenient husband, took
thought and decided that the divorce
court is more seemly n-etkod Of -emov-
ing an encumbrance than Bywater'S
knife or Mrs Snyder's wind 1v weight
Because such murders do occur, even
in England. it is argued that the death
penalty fails of its purpose. This neg
lects to take into account he enormous
number of slayings in this country done
not in the heat of passion or for revenge,
but as result of coolly plotted deviltry
while in the commission of robbery The
Diamond brothers, who slaughtered the
unreSisting bank messengers before the
robbery began are examples. These con-
stitute half of our murders, and are the
ones which disgrace America in the eyes
of the world 30
Our burglars and hold-up men kill not
only policemen and night watchmen, not
only Shopkeepers and guards, but men,
women and children who merely hap
pened to be near by, and do it with a
casual cruelty which is a new develop
ment in crime. 1t is this kind Of murder
which can be checked and is checked
where there is definite threat of some
penalty more feared than doubtful
term of years in prison.
The bank robber in Liverpool or the
jewel thief on Bond street leaves his
pistol-if he has one at all-at home.
He seems curiously able to resist this i'm
pulse to slay, which some half-baked
American scholars" tell us is irresistible.
He knows that murder is not jest in his
land. But the racketeer in Chicago or
the gangster who raids a Fifth avenue
jeweler in broad daylight takes his gun
with him-and shoots anybody and
everybody who gets in his way
THE American crook has good reason to
think that if he is tried at all his
trial will be like one described by Arthur
Train 20 years ago. As assistant district
attorney he was prosecuting homicide
case in Manhattan. The jury had gona
out and the lawyer for the defense, a
veteran in the art of turning murderers
loose, smiled at Mr.. Train
My young feller," said he, ''do you
think care what this jury DOES? Not
one mite. got a nice little error into
the case the first day-and I've set back
ever since. S'pose we are convicted? I'll
get Jim here (the prisoner) out on a
certificate and it'll be two years before
the Court of Appeals will get around to
the case. Jim'l be out maxim money 10
pay my fee-won't you, jim? Then your
witnesses will be gone and nobody1l re-
member what it's all about. You'll be
down in Wall street practicing real law
yourself and the Indictment will kick
around the Office for a year or so, all
covered with dust, and some day I'll get
a friend of mine to come in quietly and
move to dismiss. Why, thousand
other murders will have been committed
in this county by that time It's a
fact. :. I've been doin' it for 40 years.
You'll see."
In England the Court of Appeals would
have the case and deal with the nice lit
tie error in six weeks, not two yeays.
Why this happens 1 cannot imagine,
since, as we all know so well, we are a
thousand years ahead of the English in
everything And if the error were found
trivial, mere attempt to obstruct justice
AS, nine chances out of ten, it was
the law would take it's course six weeks
later.
The criminal law in England and
rate the street corners. But there is both
swiftness and a fair degree of certainty
that something or other unpleasant will
happen to the wiliful murderer They
like to hang women no more than we do,