Year: 1879




, France the criminal code expressly provide
for the discharge Of d husband who kills hi


wife for infde}ity but it is necessary tha
the husband shall do the killing when b


finds the wife in the very act Of adultery


and not upon mere suspicion before or after


The younger DUMAS excited t1erce cor


troversy on this subject by pamphle


he published under the title Of 50 1'&e-ta


in which good many arguments we're ad


yanced that would not meet with American


approval; indeed, French gallantrJ is Of aver.


different sort from that which characterize


the American consideration given to women


and, if the Americans are not SO polite super


icially, they are not SO brutal in their actua


treatment of the fair sex. But even tn
| principle Of the French code would not apply


to the present case, for STEVENS did not dis


cover his wife in .1zgrante deEltto;; there il


no direct proof of her inddelity; there is evl


dence tending to show that their separation
| was owing more to him than to her; and be


shot her down in the public street in the


most cowardly and villainons fashion. To


apply the doctrine Of " emotional insanity u


to STEVENS would be to go further than the


French lawmakers ever dreamt Of in encour-
| aging wife-murder.


This new application Of 'emotional in
| sanity" suggests that it is time for the Courts
and the public to analyze the phrase and


scrutinize the doctrine involved. It has
! always been understood that the term was q


mere make-shift to secure the legal sanction


for the revenge Of an injured husband
against his wifes polluter. ANY wider Sig
nifcance will open the way for the rejection
Of the whole doctrine Of free will aud re-


sponsibility to tle laws. The original NEAL


ing Of the word emotion" is q movement


Of the mind which produces certain physical


effects. The latest physiological theories


about reflex action bring every occurrence


under the general designation Of emotion.


There is a ccrtain mental movement, par


taking Of more OF less excitation, in even the
most Insignificant action. In case Of as
sau1t or murder there is almost Invariably an
exaggerated emotion. That emotion may be
suggested by malice, revenge, cupidity, or
the hundred base motives that lead to
crimes OF violence. The extent of the emo
ton only determines, then, the degree Of
g insanity" which is simply tackled on to
secure q legal immunity from the punish
ment which the law attaches to certain
out the logical sequences Of this theory as
applied to criminal cases would be to estab-
lish universal release from all moral re-
sponsibillty and sweeping negation OF all
principles of law and society. There is
certain class of latter-day theorists who act
ually advocate such doctrine, and we may
conclude that it is recognized as valid when
PETE STEVENS shall be able to secure an &C.
quittal, under the circumstances attending
his crime, on the plea Of emotional in
sanity" It will then be an easy matter to
reach immunity from punishment through |
the irrespousibility of the emotions in the
case Of the highwayman who kills for the
emotion of p1under, or the brute who CON-
mits murder at the emotion which follows
closely upon an angry word.


The counsel for. this wife-murierer is 8 |
very shrewd and practical criminal lawyer, |
and ne suspect that he relies as much upon |
the laws delay and the public apathy as
upon his plea Of E" emotional insanity" A
quick trial was promised when the public
was in state Of fierce resentment against |
the slayer Of this young girl, and when a
COED many people would have joined in
5tringing him up to lamp-post if they
could have laid hands on him. But the case
aas dragged along for MONTHS and, when it
inally cones up, it is postponed on very
1imsy affidavit. Nobody can give good
guess when it will be tried; but, if the p1ea
If s emotional insanity" shall not be &C.
:eptcd by jury that believes in moral
then it will be taken
o the Appellate Court, and perhaps
eversed and remanded on some TECH
lical point. A new trial and some
more coquetting with the Appellate Court
rill be followed, If necessary, by
ahng it up to the Supreme Court as another
efuge for delay If not for safety from Grim
nal liability. In the meantime public
emotion Twill die away into Indifference.
nd the wife-murderer will either escape al
ogether or suffer the punishment dealt out
. poor devil who steals rasher of bacon
. save himself orhis family from starvation
contemplation of this and similar cases
com such point Of view is calculated to I
1perinduce IN g emotional insanity" ontha
art Of the public which would not be very
'Vorable to PETE STEVENS if it had as frea
4 opportunity for manifesting itself in &C.
on as his 's emotional insanity had This
w's delay, which so frequently results in a !
sfeat of justice, is more of menace to tha '
'fety and well-being of society than anv
ntimental pleas which legal ingenuity can :,
went. The best influences of the t
NE should be exerted to avert both :
le delay and the sensational defenses
,ainst punishment for crime. The fart is q
'denied that this man STEVENS several (
onths ago shot down defenseless woman .
arcely more than child in years. in tha 3
lblic street, and he ought before this to 9
I'VE suffered the penalty Of the law, unless


be the purpose to desert the theory of II
oral responsibility and try to get alonp :
thout law. - -