Page:The Green Bag (1889–1914), Volume 14.pdf/346

 Jonathan E. Arnold. attempt will be made to answer these ques tions. Mary Ann Wheeler shot and killed a man by the name of John M. W. Lace, in Milwaukee, at about midday, on the four teenth day of October, 1852. The shoot ing was done on one of the principal thor oughfares and in the presence of a number of eye-witnesses. The fact of the killing could not be gainsaid. It was said that im proper relations had existed between Lace and the accused, and that Lace had, been exhibiting some letters of the defendant ad mitting her folly. Mr. Arnold interposed the plea of temporary or emotional insanity for Miss Wheeler. He was able, by some very cleverly drawn instructions, to get them submitted to the jury by Judge Hubbell. And, although the first jury disagreed, a second trial was immediately demanded and the prisoner was acquitted. These trials occurred in May, 1853, and this was re garded as a new and bold defense in such cases. Mr. Arnold's opening remarks in sum ming up for the defense in that case are a model of their kind and are reproduced here. They were carefully prepared and com mitted to memory, and, it is said, created a wonderful effect on the jury. "How strange are the vicissitudes of human life! Two persons, hitherto almost strangers, become suddenly the victims of a train of circum stances by which one is hurried to a pre mature grave, and the other, after months of incarceration in a loathsome jail, is ar raigned before a jury of the country on a charge of wilful murder. For what wise purposes these vicissitudes have been made a part of the destiny of man has never been revealed to us by the Author of our exist ence. Had He appointed the incidents which beset our path to the degree of our rank in the scale of created beings; had

307

He subjected us only to the whirlwind, the earthquake or the tornado, it might have seemed to our limited capacities some slight proof of the superiority of our nature. But we are humbled to the dust when we reflect that the very worm that crawls at our feet — that his life is held by as strong a tenure as man in all the glory of his strength. It has been supposed by some that the fear of death was implanted in the constitution of man in order to restrain him from the exercise of that larger share of power with which he is endowed. But all other animals upon our globe have been created with limited capacities and limited spheres of action. Their power is present. It does not extend beyond themselves, and hence the fear of bodily pain has been sup posed to be sufficient to restrain them within their limited spheres. But for man, with a body framed for vigorous exertion in every clime, with a mind unlimited in capacities and unceasing in effort; for man whose power extends not only to the pres ent, but through future generations, some stronger restraint has been necessary than the fear of physical pain. It consists in the terror of that unknown region to which we are all rapidly hastening. A well-spent life, the affections, the sorrows and tears of those we love, may persuade us of our merits, the principles of sound philosophy may sustain us, the hopes of divine religion may console us, but nature will assert its dominion, and wc, instinctively, shudder at the silence and the gloom of the grave. There sensuality, ambition, malice, revenge, all passion, is laid low in the dust. There the tenderest earthly ties are snapped asunder forever. There Alexander left his world unconquered and Croesus parted with his gold. There Bacon forgot his learning, and Newton descended from the skies. There friend is unlocked from the arm of