The Bamberg herald. (Bamberg, S.C.) 1891-1972, May 16, 1912, Page 7, Image 7
THE DIFFERENT
LAW
Crime Punishment as
Testament Prac
? as Now A
Twenty-five centuries ago the
equivalent of the Missouri State
statutes governing capital offences
were in force in the Holy Land. Mur
? derers were hanged, those who com?
mitted manslaughter suffered the
same penalties that are enforced in
Missouri to-day, and some of the
chief defenses to charges of murder
and manslaughter that are figuring
in criminal trials now were recognized
then?self-defense, the "unwritten
law," inevitable accident and
s j insanity.
The Book of Exodus is one of the
chief sources of information on Jewish
laws of the age when Roman
v * triremes swept the Mediterranean
and Caesar was yet unborn. "Whosoever
smiteth a man so that he die
shall surely be put to death," says
the Book of Exodus, chapter 21,
verse 12. The next two verses add
that "If a man lie not in wait, but
God deliver him into his hands, then
v 1 shall appoint thee a place whither
A he shall flee. But if a man come
presumptuously upon his neighbor to
slay him with guile; thou shall take
him away from my altar so that he
may die."
This means that when the defendant
charged with murder could show
v that he had killed his adversary in a
sudden heat of passion then he
? * - At- ?:e
should escape xne aeam peaamy ii
lie could flee to the horns of the alt
tar. If the defendant had waylaid
his adversary, showing premeditation,
then there was no excuse from
death. This is pretty much themod'?
ern criminal law.
Verses 18-19 provide for the collection
of money damages from one
| * responsible for accidental injuries
inflicted on another.
"And if men strive together and
one smite another with a stone, or
with his fist, and he die not, but
keepeth his bed; if he rise again, and
walk abroad upon his staff, then shall
- he that smote him be quit; only he
shall pay for the loss of his time and
for his cure." Personal injury suits
were known to Roman civil law and
to the laws of the ancient Jews. Had
there been a United Railway company
in Jerusalem the provision in Exodus
would have covered the ground?the
company would have to pay for loss
of time and doctor's bills and other
items usuallv sDecified in a suit for
\ damages.
The death penalty was not the only
one denounced against the murderer
by the ancient law. In Genesis ix.,
6, it is stated that Cain was not capitally
punished. The exceptions to the
rule, that death should be the penal v
ty for taking the life of another,
forced themselves on the lawt
makers. There were certain situations
that could not be dealt with by
i * the death penalty rule. In Deuteronomy
xix, 4, 5, 6, 11, 12, it is provided
that "whoso killeth his neighbor
ignorantly, whom he hated not
in time past as where a man claveth
wood and the axe flieth from the
helve and killeth a man, he shall
flv to the citv for refuge." These ex
ceptions were not fully recognized
and the "avenger of blood," supposed
to be the next heir of the deceased,
had the right to avenge the killing
of his kinsman by slaying the
one who had killed his kinsman, if
the slayer could be caught before he
had reached the horns of the altar.
, $ "But if any man hate his neighbor,
and lie in wait for him, and rise up
against him and smite him mortally
so that he die and fleeth to the city
of refuge, the elder of his city shall
send and fetch him hence, and deliver
him into the hands of the
avenger of the blood, that he may
die." This makes it clear that the
9 * chance of escaping the penalty was
not to be extended to one who had
committed first degree murder. Vol9b
untary homicide was inexplicable and
SB inexcusable, as appears from NumMr
h*rs xv.. 27. 31. If the avenger of
blood was unable to execute the
slayer of his kinsman, the slayer was
capitally punished by judicial sentence
and no ransom was permitted
him nor could he buy off the prosecuting
witnesses by paying damages
for the wrongful death, as appears
^ in Numbers xxxv., 31.
The killing of one about to commit
Hr a felony was justifiable, as appears
i from Exodus xxii., 2, where it is pro*
vided that "if a thief be found breaking
in, and be smitten that he die,
there shall no blood be shed for
him." And to-day if a householder
shoots a burglar in the dark he is
% guilty of no offense against the law.
Killing in self-defense is dealt with
in the same connection, as where a
burglar is entering and is caught by
the householder. Self-defense was
recognized before the Saxons had
ever heard of England.
Tht usual manner of execution
CRIMINAL
S OF THE BIBLE.
Laid Down in the Old
tically the Same
/leted Out.
I was stoning or strangulation, accordi
ing to Leviticus xxi., 9. Where a
I priest's daughter had gone astray
! she was burned.
j The "unwritten law" is no new
I doctrine. It was' recognized thous|
ands of years ago, as soon as men
i had homes and sought to keep their
j women spotless. A Bible story along
i this line, which seems to sanction
| the killing of the seducer, is that of
! Jacob's daughter, who was seduced
j by a member of another tribe.
| Simeon and Levi, her brothers, were
| at work in the fields, but they left
| their task, took their swords and
i killed the seducer and his whole
t?TVurkir. fotlior (lDnlrtrO/1 thpiT
' U iUC. I ilCii lairUVJL UV^/iVA VVi VMW** |
j hot blood. They replied, "Shall he
! deal with our sister as a harlot?" j
i The story goes that Jehovah led Ja- j
] cob and his family up into Bethel, a
| place of safety, "and they journeyed; j
I and the terror of God was upon the
| cities that were round about them;
! and they did not pursue after the
sons of Jacob." |
Translated into modern conditions,
the brothers of the seduced
girl killed her betrayer, and as public
sentiment was somewhat in their
favor, but they might not be able to
win if tried judicially, they left the
country, and they were not even indicted,
for the public endorsed their
acts.?St. Louis Globe-Democrat.
MR. TILLMAN'S CONDITION.
The Facts as to His Health Jind Activity
at Washington.
TT" -*r 1 A A nv im
\v asmuglujj., :uaj j. v.
; pression that Senator Tillman's
I broken health is such that he is not
| able personally to direct his senaI
torial business with intelligence and
i force or that he is not able to go
! about by himself in the discharge of
j that business is erroneous.
The senator is daily in his seat in
! the senate, daily confers with his
colleagues, daily dictates a quantity
of correspondence, and visits the various
government departments in
person whenever he has occasion and
goes alone unless accompanying
: some one in whose behalf he is acting.
As a matter of fact, he often
goes unattended. He walks daily
from his hotel to the capitol back to
his hotel, and the distance between
the two buildings is at least a mile.
! He did this even in midwinter when
j the streets were covered with snow.
It has frequently been remarked by
Washingtonians, nearly all of whom
j know the senator by sight, that he is
! looking much better and displaying
! much more strength than they had
! any idea of from the reports which
i
| they have read of his poor health.
It would be absurd to say that
I Sanatnr Tillman has recovered the
I physical vigor and endurance he had
j of old, but it is equally absurd to de|
pict him as helpless physically or as
j a wreck intellectually. He is not a
| dummy that has to be led about. He
j leads an active and independent life,
! considering the fact that he has to be
; careful of his health; and he is thor|
oughly in touch with what is going
: on in and out of congress. The
1 newspaper men who interview him
j invariably comment upon the fact
| that he speaks in the same characI
teristic vein and that his comment
j shows a strong grasp of whatever
I subject he undertakes to discuss. His
i office force has to work hard to keep
| up with him and no visitor to his
office would take any. stock in the
statement that he requires to be directed
by others.
MYRTLE HAWKINS STILL ALIVE?
Atlanta Man Claims Saw Girl Since
Alleged Murder.
Atlanta, May 10.?Myrtle Hawkins,
the Hendersonville, N. C.? girl
who was supposed to have been murdered
last winter, was seen in Jacksonville,
Fla., since her alleged
death by W. O. Shelnutt, of this city,
according to a statement accredited
to him. A North Carolina lawyer
came here to-day to take his deposi!
tion, to be used in further defence of
I several men now held in connection
j with the alleged murder. Details
| of the reports concerning the locai
tion of the girl could not be learned.
A. H. Johnson, a solicitor, and J.
j E. Shepard, lawyer for the accused,
! are the officials here to get Shelnutt's
! alleged statement. Up to late this
j afternoon he had not been located,
j The case against the four men and
! three women, all of the former and
; one of the latter of whom have been
j indicted," was largely the result of
I the identification of a body found in
! Osceola Lake as that of Miss Haw|
kins. Further action may depend
j upon Shelnutt's testimony.
"NEWBERN FLYER" WRECKED.
Nineteen Hurt When Norfolk and
Southern Train Leaves Track.
Norfolk, May 12.?Nineteen persons
were injured when Norfolk and
Southern Train No. 2, known as the
"Newbern Flyer," was wrecked half
a mile south of Hickory Ground this
afternoon, while en route to Norfolk.
Two coaches and a parlor car were
derailed and turned over.
The exact cause of the accident has
? ' ? J?1 3
MISS ELEANOR PEREGRIN.
The Nurse Who Inherited a Fortune
of a Half Million.
Miss Eleanor Peregrin, of New
York, who for years nursed wealthy
young Walter E. Duryea, who lived
for thirteen years with a broken
neck, is likely to inherit another fortune.
Duryea often referred to his
nurse as "my hands, arms, limbs
and feet," and upon his death left
her a fortune of $500,000. After
his death Miss Peregrin confirmed
the rumors that she had refused
Duryea's proposals of marriage several
times. The young man's father,
Edgar E. Duryea, who died recently,
left an estate of $1,000,000. This has
been distributed among the heirs and
there is a balance of $278,561. Under
the will Walter Duryea would
fall heir to the residuary estate, but
under his will the legacy would go
to Miss Peregrin.
An Elaborate Cathedral Clock.
Twenty thousand minute pieces of
wood entered into the construction of
an elaborately ornamented Notre
Dame cathedral clock made by James
Calway, of Skowhegan, Maine. This
clock, which is finely carved, stands
seven feet and 10 inches in height
and took Mr. Calway six long years
to complete.
In the upper story six folding
doors open every ten minutes and the
apostles appear marcning m time to
an air played by a large music box
that is governed by the clock, each
one bowing before the Saviour as
they pass, except the fourth one
(which represents Peter) who turns
his back upo nthe Saviour, and the
devil comes out of the top of the,
clock and blows a trumpet in honor ]
of Peter.
The second story is in the form of
a mansion with double doors in front
which also open every ten minutes.
Lazarus appears at the rich man's
door and on bended knees asks for
charity, the dogs licking his sores,
and the rich man stands in the door
swinging his arms as if he were
throwing crumbs from his table. All
these movable figures are run by machinery
connected with a time movement,
so as to work on the minute.
The bottom story is a very elaborately
designed foundation of fine inlaid
work.?Scientific American.
The Uses of the Dictograph.
The detective dictograph has been
used for many odd purposes besides
catching criminals.
When Torrey and Alexander, the
revivalists, were holding their meetings
in Philadelphia in 1909, there
was a demand for seats far beyond
the 5,000 capacity of the armory in
which they preached. By request
Mr. Turner installed a dictograph
transmitter, suspending it from the
ceiling about three feet above the
speaker's head and. six feet in front
of him. The wires from this transmitter
were connected by Na specially
constructed apparatus with 2,500
telephones, whose subscribers heard
the service in their homes. At the
same time wires were run to Bethany
church, where a horn in the pulpit
gave out the sound to 2,500 more
auditors, so that altogether 10,000
people heard the music and the
yicatuiag.
The dictograph has been used also
to study the minor activity of Mt.
Vesuvius between eruptions; to enable
man to hear the sounds made by
wild beasts when undisturbed by
men; in the Metropolitan opera
house and the Hudson theatre, NewYork,
to permit the managers "0
hear the reahearsals on the stage
from their private offices; to enable
representatives in congress, while
S>iLtlli? 111 lucii ivumo iu vuv
building, to hear the debates on the
floor of the house.?World's Work.
WOMAN SETS HERSELF AFIRE.
Commits Deed at Son's Grave, Dying
from Injuries. *
Tampa, May 10.?After kneeling
in prayer at the grave of her baby
son, recently buried, Mrs. Maria
Morterello, wife of a prominent manufacturer
of this city, poured wood
alcohol over her upper body and set
herself on fire this afternoon in a
local cemetery, dying while being
carried to a local hospital.
Two negro women passing the
cemetery at the time were attracted
by the dying shriek of the woman,
as she stood a pillar of flames for a
few seconds before falling in the
sand near the grave. The negresses
rushed to the scene and recognized
TVTr?'rf 1 n "Hiirrving- tn her
i D. 1UV1 Wi vaav/( ** v%? * ^ -*-0 home
they summoned the husband.
The call was also sent to police headquarters
for an ambulance, and when
this arrived the distracted husband
was pouring water into the dying woman's
mouth with a spoon. She died
before reaching the hospital.
Mrs. Morterello was the mother of
seven children, all girls. The eighth
was a boy, who died recently. This
seemed to prey on her mind, and her
trips to the cemetery became so frequent
that no one paid any attention
to her. It is believed that she
was mentally deranged.
not Deen aenmteiy aeiermmcu, uui
the supposition is that some defect
developed with the forward truck of
the leading coach, No. 247, as it is
known to have been the first to
leave the track.
The injured were brought to this
city on a special train and sent to a
local hospital. Most of the injured
were discharged to-night and all of
them probably will leave the institution
to-morrow.
ELECTRIC CHAIR ORDERED.
Installed in Penitentiary in Time for
Use in June.
Columbia, May 8.?The contract
for the electric chair at the State
penitentiary, where condemned criminals
will be electrocuted, was let to
the Adams Electric Company, of
Newark, N. J.f at the meeting of the
board here to-day. The chair will
be of mission oak, and this company
is to complete the job, erecting the
chair and eauipping it thoroughly
with the electrical apparatus. The
electric current will be secured from
the local company. The death chamber,
which will contain the electric
chair, is now being erected within
the walls of the penitentiary.
The first legal electrocutions in
South Carolina are set for June 21,
that being the day on which two
Charleston negroes were sentenced to
be electrocuted, and the chair will
be in readiness by that time.
L. M. Green's Check Held Up.
Columbia, May 11.?Comptroller
General A. W. Jones has held up the
voucher for some $400 drawn for
Leon M. Green, one of the governor's =
detectives, out of his law enforcement
fund, on the ground that the law calls
for the accounts to be itemized and
dated and this, the comptroller general
alleges, was not done by Mr.
Green. This is similar to the warrant
drawn in favor of the Rev. C.
W. Creighton, also one of the governor's
detectives, on the same fund,
and which was held up by the comptroller
general, as already told in the
News and Courier.
The comptroller general's office
stated that two warrants, aggregating >
some $412, drawn in favor of Leon
M. Green, on the governor's law enforcement
fund, each one of the warrants
for some $200, were held up
because the accounts were not itemized
and because they were not dated
properly; that the first was sent to
the bank and that it was returned to
Mr. Green, with probable dates of
his work for which the account was
rendered, but as the. law required exact
dates and itemized accounts, the
warrants were again turned back to
the bank by the comptroller general's
office.
The comptroller general stated that
during Gov. Ansel's administration
detectives employed similar to
Messrs. Green and Creighton always
rendered itemized accounts and proper
dates, and he exhibited one to
prove his statement. This is what
he is contending for when he refused
payment to the warrants in favor of
Messrs. Creighton and Green, drawn
on the governor s law enforcement
fund.
One such warrant for the Rev. C.
W. Creighton, as a detective, was
paid, but it was through Mr.
Holmes's misunderstanding1 of the
orders of Comptroller General Jones,
who has issued instructions that none
be paid until itemized accounts and
proper dates are on all of them.
Leon M. Green and C. W. Creighton
were appointed by the governor
as special detectives to assist in the
enforcement of laws, and it was in
an interview given out in Newberry
that this matter was made known by
the governor, although it had been
generally understood in some quarters
before.
The Rev. Mr. Creighton is editor ?of
the Christian Appeal at Green- ^
wood, and was formerly a member of ^
the Methodist conference. He is *1
known throughout the State. 4
Mrs. Tillman Seeking Divorce. m
rinninnati. o. Mav 8.?Mrs. Lucy
Dugas Tillman filed suit for divorce!^
in the insolvency court from Benja- df
min Ryan Tillman, Jr. The petition Lfl
alleged gross neglect of duty and fail- *
ure to provide. Mrs. Tillman is a
descendant of the famous Pickens *1
family. The couple were married at 4
Edgefield, S. C., December 2, 1903. ^
Their two children have been the J
source of a widely discussed episode *2
in which Senator Tillman figured, j*
Mrs. Tillman recovered her children
through the medium of the courts. ^
^ is
??
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