ENGLISH AND AMERICAN MURDER TRIALS
297
Contrast this prompt, certain, and yet American methods in murder trials of fair administration of justice, not only with obstruction, delays, and benefits of reason the Thaw case but with any of our recent able, or, as some say, of "unreasonable" sensational murder trials. The delays, doubts, are directly traceable to the repug uncertainty and doubts surrounding the nance of the public to a death sentence. Tucker, the Patrick, the Caleb Powers, the The trial judges shirk responsibility. The Mary Rogers, the Nan Patterson, or the juries dodge their duty. Probably no Molineaux trials are all fresh in mind. On American judge would undertake to rule the other hand if one is to venture a criti in a capital case on an issue of insanity that cism on the English procedure, it is that he regarded the evidence as insufficient, and they sacrifice too much to the despatch of take that question away from the jury. business. It is almost as if the case was Nor would you find an American jury in a contested murder trial who would be will prejudged, and the verdict a foregone con clusion, and that all of the Court officials, ing to bring in a verdict of guilty within nine minutes, no matter how clear the evi barrister for the defendant, as well as prose cutor for the crown, and his lordship the dence, where they know their verdict means judge, were solicitous that all due forms of death to the prisoner. Our sensational law might be observed in the trial rather press exploits the sympathy of the com than that any and every possibility in favor munity for the man that is down — for the of the prisoner should be carefully considered prisoner in the dock. It preys upon the and weighed before the final determination sentiment of the people in opposition to the death penalty. Every great murder trial of his fate. With some misgivings an explanation of is a campaign of the yellow press on that the contrast is ventured. The sentiment of subject. A court and jury naturally re the English public is for the infliction of the flects the sentiment of the community, and death penalty for willful murder. The people we have doubt, delay, hesitation and un stand back of the court and jury that imposes certainty in our murder trials instead of the that extreme penalty of the law in a case of prompt, sure, and orderly administration of proven murder. With us the sentiment of justice of the English courts. To remedy the public is divided. In parts of the coun the evil we must have a penalty that in the try human life is still held so cheaply that minds of the people at large fits the crime murder under the proper extenuating cir and which public sentiment demands shall cumstances justified itself to the community, be enforced.1 and they balk at so severe a penalty for Boston, Mass., April, 1907. what they regard as little more than a mis demeanor. In other localities there is a real doubt of the efficacy or justice of the 1 While this article was in press it has been infliction of the death penalty for any reported that a new trial was to be granted to cause. Much of this may be due to mere Rayner. We have not been able to verify this sentimentality. Nevertheless, much of the report.
