The Criminal Prosecution and Capital Punishment of AnimalsEvans, E. P. (Edward Payson)
History
The Criminal Prosecution and Capital Punishment of Animals
Evans, E. P. (Edward Payson)
Animals -- Law and legislation -- History; Animals, Prosecution and punishment of -- History; Trials -- Europe
Lieutenant-Colonel Alleward is arrested and commits suicide in prison,
not with a razor like Henry, but with a revolver. One scene in the novel
describes the appearance of a veiled lady on the very spot near the Champs
Elysées, where the mysterious veiled lady is said to have appeared to
Esterhazy three years later and for much the same purpose. The French
minister of war, Mercier, was forced to proceed against Dreyfus by the
_Libre Patrole_, which published lies about his confession, as _Le
Vigilant_ did about Dormelles. The only rational explanation of this
remarkable concurrence of events, as they are narrated in the fiction and
afterwards occurred in fact, is that the method of conducting the
conspiracy against Dreyfus and the possibility of accomplishing it were
suggested by Letang’s story, although the conspirators doubtless did not
anticipate that the logic of events would render the results of their
falsehoods and forgeries as fatal to them as they were to their prototypes
in the novel. Every scoundrel is firmly convinced that he can pattern
after his precursors in villainy, avoid their mistakes and commit the same
crime without incurring the same penalty.
That paroxysms of epilepsy, hysterics and various forms of frenzy are
contagious and may be easily communicated to nervous persons, who witness
them, has been clearly proved. Vicious passions obey the same law of
imitation even in a still higher degree than tender emotions and nervous
diseases, and more than two centuries ago the illustrious jurisconsult,
Samuel Pufendorf, laid down the general principle that he who for the
first time commits a crime liable to spread by contagion and to become
virulent, should be punished with extreme severity, in order that it may
not infect others and create a moral pestilence.
The hemp cure is always a harsh cure, especially where there is any doubt
as to the offender’s mental soundness; but in view of the increasing
frequency with which atrocious and wilful crime shelters itself under the
plea of insanity and becomes an object of misdirected sympathy to maudlin
sentimentalists, the adoption of radical and rigorous measures in the
infliction of punishment were perhaps an experiment well worth trying.
Meanwhile, let the psychiater continue his researches, and after we have
passed through the present confused and perilous period of transition from
gross and brutal mediæval conceptions of justice to refined and
humanitarian modern conceptions of justice, we may, in due time, succeed
in establishing our penal code and criminal procedure upon foundations
that shall be both philosophically sound and practically safe.
APPENDIX
CONTAINING ORIGINAL DOCUMENTS
A
TESTIMONIALES ET REASSUMPTUM
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