Year: 1871

THE LATE MURDER TRIAL.


We have received the following com
municution from Judge McEnally. He
completely yindicatcs our position in
relation TO the acquittal Of murderors
by the juries Of this county, and the
reason We did not sooner denounce
the crime of allowing murderers to
run at large, was, that we expected
each would be the last, until the late
trial, after which, oforbearance ceased
TO be virtue" Hence, as public
journalist, We denounced it. This
was our duty, and we will continue
to do so until courts and jurics execute
law aud protect society.


To the Editor Of the Republican:


give you credit for the ability and
independence with which you express
your views. But | think you arc
sometimes wrong


Iour comments on the result of the
trial Of Martin Harder, for murder, are
10 my opinion, unjnst to the Jury and
not sustained by the facts in the case.
As one Of the counsel for The Defen.
dant, ] became familiar with the facts.
and with all the questions that arose
at the trial. But the trial is over,
my connection with il at an end, and
| now write simply because justice
TO the jury seems to call for some reply.


You speak Of tho result as an
acquittal. So far from the result
being an acquittal, Harder was con-
victed Of murder, and as a murderer,
was sentenced to an imprisonment of
IL years and 8 months separate or
solitary confinement in the Penlten.
tiary. This was within one month
of the limit allowed by law in his
case. 1t is a longer sentence than
has lately been imposed by the Court
in any case Of the same kind.


The question before the jury was,
whether the crime was murder in the
FIRST, or 10 the second degree. 1t is
murder in the first degree when the
murder is ieiNfal, deliberate and pre-.
meditdted, ioih tie intent TO take hfe.
But If the mind from intoxication or
any other cause, is deprived of its
powerto form a design ,oih deliJerdtion
il is murder in tho second degree.


Accordingly when the murderer in
his sober senses, with n sedatc, cool
mind, plans and premeditates the
commission of his crimo, as where It
Is done for money, il is murder in the
first degree. On the other hand most
murders committed on a sudden quar-
rel though with a deadly weapon,
under the influence Of sudden passion,
provocation or of fintoxication, are held
to be murder in the second degree.


In this case the evidence showed
that the quarrel was sudden, occurring
about o'clock in the afternoon, in
the open street. The Defendant had
taken at least fourteen drinks since |
O'Clock Of that day, and was certainly
to some extent under the influence of
liquor; an assault was twice made on
him by Dale who was man of supe.
rior strength; and when the second
assault was made and Harder had
been struck both by Dale and Dale's
brother, he used a knife and killed
his assailant. The knife had been
taken ont Of his pocket and carried
open in his pocket after the first
assault, but in such a public manner
that nearly every one knew it, and
Dale the deceased was fully informed
of the fact; and the whole period Of
time that elapsed between the first
and second assault was only between
5 and 10 minutes.


Under this state of facts the Jury
found verdict of murder in the
second degree, and in regard to the
verdict we believe it was such as was
expected by majority Of persons Of
unbiased Judgment who heard tho
whole trial. Beside this, it zorro.
spends with what our Courts and
juries have generally done in like cases
under like evidence.


In the Morrison case the Defendant
with very little provocation, suddenly
killed Higgins, an unarmod man, with
an axe. The jury found him guilty
Of murder in the second degree, and
the Court sentenced to only about III
years Imprisonment in the Penitentiary
In the Ball case the Defendant got a
knife and stabbed his victim in the
heart, causing instant death, and the
verdict of murder in the first degree
was set aside by the Court, and after.
wards by consent, the Defendant
allowed TO plead guilty of murder in
the second degree, and then the sen.
tencc Of the Court was considerably
less than in the case Of Harder. Yet
in neither of these cases did we hear
any word Of complaint from the Editor
of the Republican against Court or
jury, or anybody olse.


In the we'll known case of Lawrence
Ullman, Judge Woodward set aside
the verdict Of murder in the first
degree, and afterwards allowed q plea
Of guilty Of murder in tho second
degree The Defendant was then
sentenced the full extent allowed by
law.


Hockenberry who shot Thompson
publicly at Lumber City, in this
county, somo years ago, was con.
victcd only Of murder in the second
degree His sentence was only about
4 years in the Penitentiary, and |
think he was pardoncd out before his
term expired.


Before a man can be convicted of
murder in the first degree the law
requires that every clement Of the
offence be proved beyond all reasona.
bic doubt TO tho satisfaction of each
juror. Our records show that both
judges and jurors have been careful
not to consent TO snoh n verdict and
Judgment while any such doubt re.
mained. And the judges have been
quito as tender and careful on this
- Al