Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
In America, the Thaw case, which attracted more interest than the
facts deserved, was treated in an ultra-civilized manner. Perhaps, if
the events associated with this _cause célèbre_ had taken place in
another State of the Union the results would have been different. It
is true that the relations between Thaw’s wife and White, the murdered
man, had not been resumed after the marriage, though the incidents
immediately preceding the shooting at Madison Square Garden should
have gone a long way towards saving Thaw. Thaw was dining at the Café
Martin, a well-known restaurant something after the type of the Café
de la Paix. His wife, the former victim of White, was with him. White
entered the restaurant and proceeded to make offensive remarks from an
adjacent table. Thaw, no doubt excited by alcohol, was very properly
incensed. Later on, after the incident had preyed on his mind, he
pulled out his revolver and shot White dead. This was at the Madison
Square Roof-Garden. If White had not made offensive remarks at the
expense of Thaw and his wife at the Café Martin, it is most improbable
that any shooting would have occurred. But what with Thaw’s knowledge
of White’s intimacy with the girl in her early days, and the fact that
the offender used it as a taunt in a public place, there is little
wonder that the _dénouement_ was murder. The strict critic may say that
Thaw should not have made such a marriage.
The instinct to kill in a man confronted by another who has been
intimate with the woman who became his wife must be very strong,
particularly among heated temperaments. It is not necessary,
one may perhaps assume, to have “brain storms,” paranoia, or
incipient insanity, to produce the exact state of mind, under given
circumstances, which prompted the shooting at Madison Square Garden.
One somehow feels that injustice has been done the “murderer” by
stamping him with the brand of lunacy. It was the only alternative,
however, as the case went, to the electric chair.
The system of electrocution, meted out to murderers in the State of
New York, is about as bad, or even worse, than hanging, with which it
is intended to deal briefly in the present chapter. There is nothing to
be said against capital punishment, at least on the part of anyone who
has examined the question in practice, but hanging as the means is an
antiquated survival of the witchcraft age (though one vaguely remembers
that “witches” were burnt!).
Public-domain text, read in full here on John Shaqi.
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