Law Magnified and Made Honorable
The trial of the assassin at Buffalo
was conducted in a manner to confer lasting honor upon the memories
of the presiding judge, of the district attorney, and of the counsel
for the defendant. The assassin pleaded guilty, but a principle
of Anglo-Saxon jurisprudence is that no plea of guilty shall be
taken in any case where the punishment of the crime is death. A
man might be insane and plead guilty to the thing that he had done.
He might be totally indifferent to life, and plead guilty. He might
plead guilty to save the real criminal. Human life is a sacred thing,
and should never be taken except when there is no doubt on all or
any of these points.
Three classes of persons beside the
prisoner were condemned by this trial: those who affirmed that no
man could commit such a crime and be sane. All the celebrated alienists
that examined him declared him sane. All the people that saw him
and talked with him concurred. [1564][1565]
Hence no plea of insanity was set up. All those persons who expressed
regret that the crowd did not succeed in lynching him (especially
those ministers who publicly expressed their regret, in congregations,
that he had not been lynched), each and every man who in a public
position made that remark, gave loose rein to the beast in human
nature, to the anarchistic element which is born in every man, and
which religion and law are supposed to keep in check. It must be
admitted that they sinned under great provocation, but the public
man who uttered such sentiments stamped himself as one who could
not be depended upon in a crisis and as unfit for a high responsibility.
Those persons who said that when the President said, “Let no man
hurt him,” he wanted him to go scot-free, as a poor wretch who did
not know what he was doing, utterly misunderstood the spirit of
the President’s words. Not then believing that he was fatally injured,
recognizing only the attempt, having no knowledge of the man’s motives,
probably fancying him to be a lunatic, his strong sense of the majesty
of the law and the certainty that if he were not injured by the
crowd the law would take care of the case, was all that he meant
or could have meant, unless the shock had temporarily deprived him
of reason.
From the time of D
until now the world never saw proceedings in court any more worthy
of admiration. The evidence was detailed from beginning to end.
The two judges of high renown who had been appointed to look after
the interests of the prisoner did all they could do. One of them
delivered the plea. His first paragraph stated that the question
was whether the act was that of an insane man. It also explained
why this man appeared in his defense. Then he eulogized the law
which required that this man should have counsel, declared that
any defendant, no matter how serious a crime he has committed, is
entitled to the benefit of a trial. In the case of murder he must
have it. Next he set forth that there are many persons in this country
who believe in lynching, and declared his conviction that while
the doctrines of anarchists are dangerous, he could not believe
that they created a danger to this country “equal to the belief,
becoming so common, that men who are charged with crime shall not
be permitted to go through the form of a trial in a court of justice,
but that lynch law shall take the place of the calm and dignified
administration of the law of our courts of justice.” After dwelling
upon this he said, “Some weak-minded people entertain the notion
that the lawyer who appears in defense of a defendant is in court
to obstruct the due process of law, to balk justice, and to delay
by technicalities.” He affirmed that this is not so, that his associate
and himself were there for the same purpose for which the learned
district attorney was there, “to see that this trial progresses
in a legal, orderly and proper manner.” He then dwelt upon the trial
as a great public lesson to the world. President MK
death has touched every heart in this community and in the whole
world, and yet “we sit here and quietly consider whether this man
was responsible for the act he committed.” He communicated to the
jury that the defendant would not assist him to prepare the case,
and told the jury that they must decide “whether a man with a sane
mind could perform such an act.” “If,” solemnly said he, “you could
find that the assassin was not responsible you would aid in lifting
a great cloud from the minds of the people of this country,” for
“if the beloved President had met with a railroad accident and been
killed, our grief could not compare with what it is now. If you
find that he met his fate through the act of an insane man, it is
the same as though he met it by accident.” At that point the venerable
jurist was overcome by his feelings; he was barely able to stammer
through this beautiful closing sentence: “I had the profoundest
respect for President MK.
I watched him in Congress and during his long public career, and
he was one of the noblest men G ever made.
His policy we care nothing about, but it always met with my profoundest
respect. His death was the saddest blow to me that has occurred
in many years.”
The district attorney did not speak
more than fifteen minutes. The substance of his most judicious remarks
was: The counsel for the defense says if the defendant was sane
he was responsible, and if he was insane he must be presumed to
be innocent. He tells you that is a presumption of law. It is also
the presumption of law that every man is sane until proved insane.
Here is a man who does not want a lawyer, who does not believe in
G or in law, a man who does not believe in
the marriage relation, yet our laws are such that he is defended
by two of the ablest jurists in our city, as if he was the most
respected defendant, and even though he comes into court and says
he is guilty. Yet, gentlemen, you are required, under the constitution,
to listen to the formal presentation of the evidence, notwithstanding
the fact that this man says he does not want it.
The judge in his charge defined murder
in the first and second degrees and manslaughter in the first and
second degrees in these words: “If the defendant on Sept. 6 did
wrongfully assault, shoot, or wound W
MK by means alleged
in the indictment, and if the act was committed with premeditated
design, and if the act was the sole and approximate cause of death,
and if the defendant knew he was doing wrong at the time, the defendant
was guilty of murder in the first degree. If the act was not premeditated
he was guilty of murder in the second degree.”
Afterward the district attorney asked
the judge to charge the jury that the law presumes every individual
sane unless proved otherwise, and the court said, “The law presumes
the defendant in this case sane.” Then Judge T
asked the court to charge that “if from the evidence it appeared
to the jury that at the time of the committal of the assault the
defendant was laboring under such a defect of reason as not to know
the quality of the act or that it was wrong, he was not responsible,
and the jury must acquit.” “I so charge,” said the judge. The jury
returned in a few minutes, finding the prisoner guilty. He was then
removed, and subsequently brought back to court on Thursday, at
two o’clock, to receive his sentence.
At that time the usual questions were
propounded to the prisoner, who answered them. The judge explained
that he might claim to be insane or complain that he was not properly
tried. The prisoner said he “had nothing to say about that.” Then
he solemnly declared that no one knew of his intention or aided
him in any way. After this he was sentenced to be executed in the
week beginning Oct. 28. Justice W said:
In taking the life of our beloved
President you committed a crime which shocked and outraged the
moral sense of the civilized world. You have confessed your guilt,
and, after learning all that at this time can be learned from
the facts and circumstances of the case, twelve good jurors have
pronounced you guilty of murder in the first degree.
You have said, according to the
testimony of credible witnesses and yourself, that no other person
aided or abetted you in the commission of this terrible act. God
grant it may be so. The penalty for the crime for which you stand
convicted is fixed by statute, and it now becomes my duty to pronounce
judgment against you.
The sentence of the court is that,
in the week beginning Oct. 28, 1901, at the place, in the manner,
and by the means prescribed by law, you suffer the penalty of
death. Remove the prisoner.
Subsequently he was removed to Auburn,
where he now is.
We shall postpone an analysis of this
extraordinary character until he shall have met his just doom.
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