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I CONDEMN AND DEFEND
77 UNWRITTEN LAW I TWO SOfS OF THE QUESTION H Man mnd Woman, Promiier.t in Public Life, State Their H View on Subject at Prteint of Much Promir.mnce H The Right to Defend the Integrity of Family Life la H One of the PUat Made Only Pvnithment to Fit H the Crime M BY JOAQUIN MILLER. m A woman, good or bad, ihot a man, H geod or bad, In hla hotel In our na- Usual capital, the other day. She Cads, aha iayi, "Intrenched behind 'unwrltton law.'" She claims to L-K ' have chased this man from Utah to f Washington and shot him to death H la his hotel, because he refused to H provide for her and her two children; H that she has twice been made a H amber; that one of the children bears H Ma name H We have, up to date, been pretty H tolerant of tho woman who takes a H kebe on one arm and a ptatol in the H ether hand and pursues a man to his teeth. But when thero aro two chll- H Area, as in this case, ono may well M peuder a bit before he gives her the M tears and tenderness so generously 1 gtrea to the guileless, misguided girl. M Like Highwayman's Act. M A woman cannot well come Into H teurt with a family of children and 1 Bleed seduction and betrayal, as a M ffrl too often docs, and have the iym M pethy f both mon and worn. This H woman's statement Is that she asked B, the man either to marry her or give B ker money to support her children. He aald "No; I will not," and with that HBl iM shot him to death, or, at least, did H j ker best to kill him on the spot. M Briefly and bluntly she shot him down M in his hotel for refusing to give her M money. The difference between this H act and that of the ordinary burglar H or highwayman Is not very distinct. H Her declaration that tho world will B Bee the Justification of her act is as M Use declaration of nn Insane woman. M And this must be, as you will see. Is, H ker only ezcuso; and It will be pleaded B bo soon as a lawyor can be found to HHfl take care of her, her only defense. HBl Tet there will be many ready to say H "served htm just right;" will Bay It M without waiting to hear one single M word of the other side. Sitting at a M table to-day, some one read the worn H ae's statement, wherein she aupple- M 1 aieated the story of the attempted m saunter with the assertion that she M n "had aot one cent." Whereupon a 1 Beautiful lady of more 'thaa ordinary R n eelture and knowledge of the world L J was moved to tears and sighed: "Not v? ae cent; think of Itl" But a hardened B bu, a husband and father with a M family ot daughters, sighed from the M ether end of tho table: "Ah, my dear, H there are othora who have not a cent H M we are to allow all those who have B set a cent to set out and chase those B down who happen to havo a cent or HBb f two where will that aort of plea lead fl Victim's Morale Irrelevant. M As said before, as to whether this H man is a good or bad man, high or H low, rich or poor, or whether the H woman is either, neither, or all of m these, does not figure at all In this M dismal aad pitiful case. Can a woman B leave her children behind her and H n chase a man thousanda of miles, and fl then whea she murders him put as her ' j last excuse the fact that ahe has not BfBBUfJ t PAf j a cent? Surely any ono not entirely H 3 j insane should have saved the price ot M & the fare for her children. "Unwrltton M I law," Indeed! There Is a weak and H i ' ! foolish fop In New York who has H j' ' kept the press busy for halt a year H f guessing whether he will plead In de- H, fense ot cowardly murder, whon he H . , j slipped up and shot a brilliant man of i' brains and achievement in the back, ftj tD,f me "unwrltton law" or alsnply Bj$H emotional Insanity. Ii Now, have we not had about enough Hitf; et this "unwritten law" nonsensoT (3 Who will be the nest man or woman LLVjfcK to shoot someone In tho back or belly, Tj and plead the "unwritten law"? I I say and you know that had It not. H ', been for the noisy and foolish fop H' Y In tho Tombs with hla plea about tho Hfc-' "unwritten law" this poor woman out HtfC of the far west would be at home to- H- day with her children and her vletim HaVALVT' hla feet about his business. ' w K Count up on your Angora, it ynu can do It on both hands, how many cases of this "nnwrlttcn law" Idea have been conspicuous slnco the silly and Insolent young Idler In tho Tombs bo gan to exploit his defense for shoot ing a useful and Industrious man In the back. Why, right in tho oelumn next to the ugly account of the "womon without a cont," who left her babea behind to travel for days and nights to kill a man, you read tt a woman killing a doctor and pleading In Justification "unwritten law." fity her? Yes. nut put her quietly la some good asylum, and, above all, don't exploit her as you have' the young lunatic in the Tombs, who so enjoys being exploited. For soo Wkat comes of It all. Tho most piteous Ose ot this character took place a stent's throw from tho White Houso, in frwit of tho old house whore tho assassins tried to kill Seward the night LlncMn was murdered. But It took plaoo quTto a dozen years before tho fatoful rtffht nt Ford's theater. A young politician of groat promise, and, too, of subse quent great achievement, was living with his notably young wlfo on that same side ot the square. A great Iron fence enclosed tho square at that time. Had it not been for that fonce hla retreating victim might have fled and escaped. Two Cultured Victims. Both the young men In this very first "unwritten law" tragedy were men ot fortune, culture and position. One, the son of a poot who wroto "The Star Spangled Banner," the othor a member of congress from New York and equally conspicuous and respect ed. The member of congress, seeing the other leave his home and wave handkerchief back to his young wife, leaning out of the window, confronted him there by tho Iron fence In trout of his door and telling him ot hie shame and that ho must die, followed him up and shot him to death. I was reading law at tho time ot the trial and followed the case closely, I re member reading with surprise the plea, not ot tho advocate, but the plea of the Judge for the prisoner. I re call how one of 'the Juror, the oldest of them all, going down on his kneee In a corner of tho Jury room, prayed long and loud for tho divine guidance In holding the hearthstone sacred. The man was acquitted, partly be cause It was made to appear that he really loved his wife, but mainly be cause the victim had by his acta and aomo foolish admission to a friend, made it appear that he had no real heart In tho affair, but rather gloried In his crime. It Is to bo admitted that the hearts of all, both wotntn and mon, wero with tho wronged man, especially when ho nRatn took rhe frail woman to his heart and lived the life of a good husband till death took hor from him. Lines By C. H. Webb. As an cxnmpto of tho unexampled pity for both parties to the tragedt let me quote a fow lines written at the time by C. II. Webb, of Now fork, ' Receit Cues Involviif the So-Cailed "Uiwritten Law" H" i' ( Shot And killed formtr Sntor Arthur m n Mrs. Anna VrodUy J&t," fl i charge, B H ., .,'-,. ( MUd Dr. Thomas Bailer f Monlleelto, M fS MPS. Angle BirdsOttg i Miss., for basting of alleged relations 1 j-' ( 'with her. Found guilty of manslaughter. H-i ( Killed Dr. Benjamin Harris of Chicago In m, . ! Amasa C. Campbell 'hfZttgl.i S5 H t I pending. (Tried on charge of murdering William T. SWSZ'tt!: wis acquitted. M Killed Stanford White In NnvYork Roof km I ffnti W TfnHI . Garden Theatre, alleging Whit had IB i narryn. iftaw - ,,,,, hu w. Eu&n Nesbit 77uw. H f , Murder' trial pending, -r ' Tried and acquitted of killing Caesar awm , i Nan 1nttmntt . Young, a bookmaker. In a cab In New M ; rtan ratterSOn Yorh Htd livtdv)nh Young, who m H married. H i L son of a promlnont politician of the tlmo, and our minister to Mexico: This for tho wronged member of congress: Wood on hli handi, A stain on hit bed; , rity them nil Living and dtd. And this Is for the handsome and dashing betrayer: Illllows of tod Swell o'er hU breut riaadlnr with Ood There let him red. Sentiment Is noble and Inspiring, I have no uso for either man or wom an without deep and slncero sentiment 'and sympathy In all things. But you search tho Bible In vain for anything Uko this "unwritten law" disease. Thoro are those who tell you that you can find anything yon want to find In tho Blblo. And, true, you can find many strange things. You can And I i - ' almost anything. But i a'ery you to and anything like this "unwritten law" in all tho lessons, laws, precepts and examples to bo found between tho lids of the Book of Books. I con fine you lot us live by the sacred decalogue. There Is all the law. Ac cept the sermon on the mount, the holy lesson of our Savior, who prayed, "Forgive us, as wo forgive others." "Unwritten Law" Is New. It may ho well enough for those who caro to entertain any sort ot pa tlcnco with tho "unwritten law" plea to understand distinctly that it Is en tirely ot mushroom growth and char acter. Think of Draco or Lycurgus entertaining such absurdities. You will soo nothing of tho sort even hinted at in Justinian's code. Coke upon Littleton, no commentator, an cient or modern, ever mentioned any thing of tho sort. The law was the law, that was all. Blackstone waa a brave, bright poot, a sentimentalist as well as mighty expoundor of the law. But surely he would havo laughed In the faco of any advocate who might have dared (e talk to him of the "unwrltton law." Thr is literally nothing of the sort outside of America, and there is really nothing ot the sort here except a sort of sub terfuge for law, used by demagogues. And the sin of It all la the misleading of silly people who mock at the laws that have cost so much toll and1 aro coating so much to maintain them cranks seeking notoriety through the newspapers. And oh, the pity of Itl Pity for liv ing and daadl But pity most for this deadly disease spreading over tho land like a plague, which laughs at tho decalogue, the holy lessons and tho life and death of Jesus Christ, in voking tho hideous and defiant plea ot "tho higher law." FOR UNWRITTEN LAW Dtan of the Washington College of Law Defines It as the Right to De fend the Integrity of Family Life. BY ELLEN SPENCER MU36EY. Dmii of the Waihlngtoit College of Law, Tho unwritten law might bo de fined to bo right to defend the Integ rity of family life against all Invasion and Invaders., Whllo the family haa nn distinct legal entity apart from tho persons who compose It, yet, In the Intorest of society, the law holds tho more Intimate family relations as sacred and not to be Inquired Into by a court of Justice. It Is on this ground that communications between husband and wlfo are privileged, and they can not testify as to confidential communi cations made by one to the other during the uiarrUge. Marriage la a civil Institution as woll as a contract, and it should be a religious sacrament. Law cannot, mako or unmake tho true marriage relation, but so far ns the relation concerns society and the rtato, It must control II. The Family as a Unit. Tho low regards carefully all prop erty rights. It deals promptly with the trespasser and thu thief, and en forces contracts. The murderer1, the ombexxlcr, tho perjurer, have Jastlco moted out to thorn as enemies of the commonwealth. , But the law does not deal wl(h the family as a unit. Kvery student of sociology knows that the homes ftt tho commonwealth are Its real corner stones, but tho law does not so ecog nlxe it. It Is the one Inttltutloi still left to tho defense of the bead it tho family, In the very nature of things, there Is always a woman In thd case. If the crime Is against her personally, If she be over tho age ot 10, what remedy does tho law give her? A young woman went Into a c ity to support herself, unwarned, Im xnerl enced; her faith and her affections found an unworthy object. Tod late, sho found the man was already mar ried, and In a wild moment ihfl shot him fatally. If the nrm had Mdl i I 1 ejkJBjfjM l-. threatened her life, If she bai re treated to the wall to elude hiss, it would ffavo been a case of Justifiable homicide. But his crimo against her was a more atrocious ono than mur der. It took away her good name, -the love and affections of her friends and relations, her future, her faith In aad respect for herself and her trust In Ood and man. t Written Irt the Mother's Heart. And, again, tho man takes, under the unrighteous laws ot certain states, his child away from Its mother. Which law comes first that written In the statute books or that written In tho hear of every mother by tho pangs of childbirth? So sure as sho lives, that mother will obey the unwritten law, and tho child sho will have. It Is only ten Tears since thorn was taken from our statute book tho law that a man could by will give hln unborn child to whom ho pleased, without refereneo to the paramount claim, by affection and suffering of its mother. A membor of the bar In the 'ono state In the union where thero are no divorce laws once told me that In his stato they had no serious trouble as to domestic Infelicities. "If a man abuses my Bister he knows whom he has to deal with." In this case the unwritten law seemed to be preferred to tho statute law, which severs the marriage bond on adequate grounds well proven. I suggested to the gen Ueman that all women were not so fortunate as to havo brothers, but the reply was that seldom was thero a caso In which thero waa no male relative, and that ho belloved that wore such a caso to arlso of gross abuso, thoro was always to bo found In tho community a man who would protect tho woman and her rights. Two Noted Tragedies. Who that reads the recent trial ot Gillette for tho murder of his 'victim can forgot the coolness with which he claimed ho said: "Tell your father; If you don't, I will." Thoro comes a mental picture ot that father and what awlt. vengeance ho would havo meted out to tho destroyer of his child. Was Glltotto such a degen erate that to him tho unwritten law had no meaning, or was ho merely talking for effect? Tho unwrltton law which says "Ven geance la mine," Is no excuse for the disgraceful broils of tho dogenorato man and woman who find tholr only pleasure In dissipation. Tho man who despoils Innocence himself who gives his name and his protection to a wom an whoso llfo has been llko unto his own, Is not in any sense the dofendor ot what tho homo stands for. Ills sonso or moral obligation for himself Is too blunted to fit him, to Judgo of tho transgressions of another. Ho Is himself un outlaw when Judged by tho standards of common morality, His propensity to shoot Is tho ro sult ot a heated bruin, or tho lack oi brains. No woman, no man, Is safo with such a creaturo at large. Let us add to the unwritten law an other section: "Let thero bo no inu endos against tho chustlty of woman, but only straightforward statements with pngo and verso." and tho viola tor ot this law uliulr- bo placarded? "This person took nway tho good name of nnothor without cause," and walk tho streets In shame. In tho heart of every man, thero dwells first, absoluto faith In his moth er. That Is his birthright, and In pro portion to his faith In and affection for his mother will bo his faith In and affection for his wife. On that foundation is built his attitude to his offspring. The trtio son, the true husband, tho real father, In all those relations, owes to tho home a clean standard ot living. He should nover Invite Into that home a man who does not lilmsolf respect virtue. Tho man who Is n despollor of virtue In one Instance Is an unsnfo guest and friend. How much more so, when llccnso Is his rulo of conduct. "Protect my Innocence or I fall Into tl(i trap that Is laid for me" i BBBBBBUBKBBBBBBBBSBBBftaBII 7W I . 1 PADH MUHEN'S NANCY BY SEUMAS MACMANUS "Who was Padh Mullon? How was It? What happened to him?" we all inquired. "What!" exclaimed tho Bummadler, "do ye mane to toll me wan o' ye never heerd tell of Padh Mullen's Nancy?" "OchI the sorra syllable." "Well, yo see, Padh, ho lived all alone with his oul' mother an' his wan sister. A bravo, comfortable farm, an a warm house, an' a full wan, In throth they had. An' small wondhorl for oul Sheelah Mullen, Padh's mother, was the woman knew how, whon she got her fist on a penny to houl' it; an, moreover, then to make that penny go as far as another .woman's tkrup peace. As regards their IUn' and dhrlnkin', It was Lent all the year round with them. An' she brought up her eon and daughter to the pattherns t herself. Nalther of them Ivor Joined ia a diversion, or coorted like young store will. The oul' mother was par tikerly casloua of Padh In this regards, for ahe thought every girl squinted at her doore had designs on him. "'Poor Padhl poor caddyl' she would say an' the 'poor caddy had turned the corner of 40. 'Poor Padhl poor caddyl watch yerself a mhlc, an don't let the oul'-fashlon, good-fop nothla' sthreels o' girls that's goln' get the blind side of yo; for I'm watch la' an' there Isn't wan o' them from the top of the parish to the tall Iv it, hut's dotn' her dead best to thrap ye.' "An' then Padh would wink like a fox, an' shake tho head, an' say, 'Nlver fear for Padh Mullon I mother nlver fear for Pahd Mullen) The sthreel ot a girl takes in Padh 'ill get up mop tial early sho'll havo to get up afore ahe goes to bod, mother.' "But lo an' behould yel wasn't there -a poor thravellln' woman goln' about an' doean't she pitch her camp of a night In Padh's. An' slttln' be the Are she rises tho question ot why Padh didn't marry, an' Padh's mother argue fled the queskln with her. an' showed her ahe wouldn't let Padh marry know la' the sort of halverlls (halt-wits) ot girls was goln', that would only take It the poor boy an' make him live the remainder of his lire to repent tho un lucky day their shadow first fell on him girls that was good for nothln' but altln' and dhrlnkin,' and wearin' out does. 'No,' she sayed, "her boy would nlvlr throw himself away on the likes of them.' The poor thravellln' woman for she was a match-maker nalther more nor less sho sayed that ahe approved ot every word of it, aa' ahe atyled Padh'e mother a good, fat seela', sensible woman, that knew ttts value ot a good son. But the, ak aayed, sho knew a girl in the eerlih ahe came from the Klllybega' pariah she know in It a girl, a waa Nancy McBrearty that her bate wasn't to be foun', nor yet her like again, an' screenge all Irclan' with a berrln' net. She waa tho very girl, ahe sayed, that Padh's mother wanted for her son, wan that would be a help an' a com fort to her in her oul' an' stiff days, an' a patthern to her two children, an' wan, besides, that would bring with hor both money an' money's worth, an' farm stock, moreover. 8he then pictured to them what Nancy Mc Brearty was like, an' accordln' to her varslon there wasn't a vartuey In the catechism wasn't undhor Nancy Mc Brearty's cloak. But the hort an' the long an' the tall end of all was that ahe talked over Padh's mother, Ull she come to confess that If Padh could only come to get Nancy McBrearty her money, an' money's worth, an' farm stock, moreover, he'd Le a made man an' settled for life, an' she'd be as contented aa a queen on her throne ar.' no more heart-burns, too, about the sthreels of the parish thryln' to turn the poor boy Padh's heed, an' to coax blm awry from his mother. Wan other thing only Padh's mother want ed to know consarnln' Nancy. Was she any sort of a moderate alter? be kaae, It her appetite wasn't within bounds, it would be as bad as ruin ation to fetch her about the house. But the thravellln' woman soon set her at rest on this point, for Nancy, she sayed, didn't ate at all; her ap petite waa bo delicate that she Just picked like a chicken. But with all that, curious to say, he was as sthrong an' wholesome as a woll-fed year oul'. "So tho thravellln' woman was sent away bock down to Klllybegs parish to smooth the way with Nancy; an' a week aftorwards, on word comln' up, Vadh's mother packed off Padh away down for, owln' to the oul' age and the rheumatism, she didn't feel fit to travel bo far herself "An Padh himself waa back inside three days with a gran' account ot Nancy, her money an' money's worth, an' farm stock; an' by no means the least welcome Intelligence he had with him was that, thrue enough, though Nancy was as strong an' wholesome aa a ploughman she ate like a canary in' the consumption. That was Iv a Chewsday. The nlxt Sunday Padh Mullen married Nancy McBrearty an brang her home herself, her money ca' money's worth, an' farm stock, moreover. An' the whole fortune come after them In an ass's cart It waa wan pfun' wan an' tenpence ha'penny In dhry money; a bundher of oatmatl, a poun' an' a bait of lay two stone of sugar, five pecks o' praties, .a penny'orth Iv tibacky, an' a ha'portb of snuff In money's worth; and tho farm ltock was a wealln' calve always looVIn' for something to lean against, an' a ho-goat that rid tbo house for them In flvo minutes, broke Padh's mother's best milk crock, an' made short work an' a scattbormlnt o' the oul' lady hcrsolf when Bhe went to put corractlon on him. "Nlxt day, for it was In the May time, all hands wor goln' out to foot turf; but Nancy, she plalded she waa too tired afther the Journoy the day afore, an' she sayed sho'd stay in the . house an' mako ready the pick o' din- ( ner. t They didn't care for raisin rue- i tlons with her so early, so they sayed I little; no more did they say much when sho went out an' caught the biggest an' finest dhrake they owned wan big enough for a gooso an' kilt him for tho dinner. They didn't say much but, like Paul Tinney'e par rot, they thought enough to make a history-book. "An' lo an' behoul'l when they ( ' comes In an' sits down to the dinner, '' there was no signs ot the dhrake forthcomln. Padh looked roua' tho table. "'Nancy,' saya he. "Where's- the dhrake? "'Where's tho dhrake! ' Bays she; 'where would yo think him to be? I ate him. Didn't yo see the bones el -. . v him on the du'ghlll as ye come la? " 'Whatr says Padh, says he, lifted out ot hla sate with constornatioa; 'ate the dhrake. Ye don't mane to say ye ate tho wholo dhrake?' "'Och, ye gommerlln, yel' says she, 'great falts It was, wasn't it, to ate a weeshy bit of a dhrake? I did rata htm, la throth, an' would ate more' if I had if "An och, lawhendte seel that wae the play. The oul' mother aa' the daughter as good aa fainted; an' Padh, poor boy, he got hla two han'a, wan to ivery aide of his head, to thry-to keep it from burstln', and wandered through the house, up the house, aa' down the house, an' round' the house, his throat nlvlr closln', but dlng-dlng-In' away at the rhyme 'An more If 1 had Itl An' uoro It I had Itl Och, och, ance ohl An' more If I hod Itl An 'more If I had Itl An' more if 1 had HI' An' thoro he got oa like a ravin' lunatic, nalther stoppln nor ceastn', barrin' to let a heart-breakia sigh out ot him for hours.by the clock. IbtJbtJbtJbbbtJbtJbtJbtJbtJbsutbb BUBUWQ 9(!v-BBBBUVW' Mtr KaaaKgBB ! S "" yTTgk aieareaij 4aTaJjWKBi I : " 'An' More If I Had Itl' Saya Padh. Tho nayboura then gathered In. an' they thrlod all they could with him to pacify him, or dbrive a particle ot sense Intil his bead. "Wan an' all agreed It waa hla delta ' waa on Padh. Some went home, an' them stayed behind got him until .his bed at last, when he got walker. , Then Nancy sho got a youngbster who could write, to draft out Padh'e will. They tried to instnse her, ahe might aa well be talkln' Jarmin to a turkey-cock as thlnkln' to get that man to make a will. But Nancy, aha got the will aV the paper, an' seta the young fellow down with the pea 1b his fist, an' she says to Padh, says she: " 'Me poor Padh, It's yer dalth right enough is on ye, me poor man, an' ye'll need to dlvldo yer Ian' an' belong In's' for it was Padh's namq waa Id the rent-book 'to divide,' says she, 'yer bit ot Ian' an' belongin's so as not to have squabblln' about it when ye're no more. Now, Padh', saya she, 1 know ye'll lay me the Lang Park, for who has a betther right to It aor your wife? "'An' more If I bad Itl' says Padh An' more If I had itl "'Put that down,' says Nancy .to the roungbster. "'An' Padh,' saya ahe. 'I know ye'll not begrudgo yer own Nancy the Rlshy flol' bosldes?' "'An' more If I bad Itl' Padb'aaya. An' moro If I had HI' "An the Calves park, an' the Whinny hill, Padh, a tnhlor says she. "'An'. more it I had Itl Aa' more If I bad III' "'Put It all down, youngbster. Aa I daresay, Padh, ye'll be for throwla' In to me, lakewise, the Pratle BeT on' the Black bottoms?' "An more It I had Itl An more If I had It!' "An' so she went till she finished, when she put the poor man's hand ' to the pen Ull ho made his mark, an' whon Padh give up tho ghost which wasn't many hours afther there wasn't cow, klne. stick, stave, crose or crown about the houso or pleee she hadn't mado herself heir to. "An' that was Padh Mullen'e Nancy."