Page:The Green Bag (1889–1914), Volume 05.pdf/414



CURRENT TOPICS. THE PARDON OF THE ANARCHISTS. — This event has excited a painful surprise throughout the country, and is generally commented on unfavorably by the press. At the time of the decision of the Supreme Court affirming the conviction we read the opinion of Judge Magruder with a a great deal of care, and de rived the strong impression that the trial was fair and the conviction was proper. That impression, has been strengthened by the perusal of Judge Gary's recent article in one of the magazines. It may be conceded that the evidence against those who have now been pardoned was considerably less conclusive than that against those who were executed; but the evidence that they counselled and participated in the attack in question was strong enough to warrant their conviction. It was a question of fact, and was fairly submitted to a jury who decided against the accused, and after all these years that should have been the end of it. If the Governor's pardon had been based solely on the good behavior and repentance of the accused, and had been extended as a pure act of mercy, it might have been criticised as unwise, but could not have been condemned as dangerous and wrong. But when the Governor erects himself into a court, and assumes to set aside a judicial conviction on the ground that the evidence left their guilt doubiful. and worse than that, accuses the trial judge of unfairness, prejudice, and asserts that the jury was packed and that prisoners did not have a fair trial, he goes beyond the bounds of discretion and good policy, makes a dangerous precedent, and in our opinion exposes himself to just public censure as a demagogue. The theory of pardon does not war rant the executive in setting aside convictions on such grounds. It is only in cases of no question of innocence, as where subsequent occurrences re solve doubts in favor of the accused, or in cases where there was an apparent utter lack of crimina tory evidence, or where the passion and prejudice of court and jury are perfectly manifest, that a pardon is justifiable when based on any other ground than sheer mercy. Governors are not empowered to grant new trials. If they were, such an act as the present would be less reprehensible; for if these men were to be tried over again on the same evidence, after the

lapse of six years, the result would again be convic tion. We regard this pardon as the sowing of dragons' teeth, which will produce infinite mischiefs.

A COLLECTION OF TRIALS. — A catalogue of a collection of law trials is very suggestive reading. The late Edmund H. Wynn, a lawyer of Watertown, N. Y., made an extensive collection, which was sold at auction a few months ago. in the city of New York. We have looked over the catalogue with great plea sure It embraces 1.967 articles, but frequently one article includes several pamphlets. The great major ity of these trials took place in the last two centuries, but some were ancient. Many of them are of histori cal interest, ancient or modern. — for example, those of Arnold. André, and Leein our Revolutionary period; the Boston Massacre case, in which John Adams in curred the enmity of his countrymen by his success ful defence of the prisoners; the Burr Treason trial; Queen Caroline's; the Cato Street Conspiracy case; King Charles First's; the Impeachment case of Judge Chase; that of Judge Barnard; the trial of Admiral Bvng (London, 1757), of whom Voltaire (we believe) said "that the English executed him to encourage the others; " the three trials of the parodist Hone for libel, in which he defended himself successfullv; the case of the Earl of Somerset for poisoning Sir Thomas Overbury in the Tower: a tract on the murder of Sir Edmund-Bury Godfrey : the trial of Ravaillac, who assassinated Henry IV. of France; that of Thomas Paine for libel; of Theodore Parker " for Misde meanor in a speecli in Faneuil Hall against Kidnap ping" — execution of the fugitive slave act probably; of Captain Porteous '• for Wounding and Killing sev eral persons at a late Execution of a Criminal" (Edinburgh. 1736). celebrated in "The Heart of MidLothian; " the Rye House Plot : the trial of Dr. Sacheverell before the House of Peers, 1710. These are only a few which strike the casual glance. Of course there are a great number of trials of a salacious sort, such as divorce, abduction, seduction, crim. con., and many breach of promise cases. One of the most amusing of the latter is " Geo. G. Bar nard 7't. John I. Gaul and Mary H., his wife " (N. Y., 1835). The maiden Mary had jilted Georgie, and the trial came off at Hudson, N. Y. According to our