214

The Green Bag

The defense argued that Jewett was principal in his own taking off, and that Bowen was guilty if at all only as accessory before the fact, not as prin cipal. They also urged that the govern ment was bound to show affirmatively that the defendant's advice was the moving cause of the suicide. Parker, C.J., however, took a different view. He charged the jury that if they found the facts as stated they might safely bring in the defendant guilty as principal. Further, the government was not held to prove that Jewett would not have hung himself if Bowen's advice had not pressed him to do so. The pre sumption of law was that unless other wise shown (as for instance by scorn of the counsel), the advice had the in fluence and effect intended by the giver. It had been said in argument that Jewett's depraved character made it probable that he would have taken his own life independently of Bowen's advice. But it was in the nature of man to revolt at the idea of self-destruc tion. Even if Jewett had a predeter mination to kill himself, yet he might have been dissuaded by a discreet person; while, on the other hand, such counsel as Bowen gave might well turn the scale and encourage and fix the intention of the one who received it. His honor also commented on the argument based upon the fact that in any event but few hours of life were left to the deceased. The atrocity of Bowen's offense was not to be considered as in the least dim inished by the fact that justice was thirsting for its sacrifice, and was so soon to be satisfied. There was no period in human life which was not precious as a season for repentance. A culprit is cheered to the last by hope. Besides, he told the jury, the com munity had an interest in the public execution of criminals, and it was no

trivial offense to take such a one out of the reach of the law. "If you are satisfied," said he, "that Jewett, previous to any acquaintance or conversation with the prisoner, had determined within himself that his own hand should terminate his existence, and that he esteemed the conversation of the prisoner, so far as it affected himself, as mere idle talk, let your verdict say so. But, if you find the prisoner encouraged and kept alive motives previously existing in Jewett's mind, and suggested others to augment their influence, you will decide accord ingly." The jury returned a verdict of not guilty; probably, says the reporter, from doubt as to whether Bowen's advice was in any measure the procur ing cause of Jewett's act. Perhaps, knowing human nature and the pecu liarly trying situation of men in the jury box, we may be permitted to wonder how much effect the shadow of the gallows had upon their free judgment, despite the charge of the Chief Justice on this point. A. P. C. THE LAW AND LEAP YEAR SOME clever delver into the past has unearthed an interesting item anent the origin of Leap Year. "The origin of the idea that women may woo in Leap Year is not known," he says, "but a law authorizing it was enacted in Scotland as early as 1288, and a few years later a similar law was passed in France. "The Scotch law reads: — "'It is statut and ordaint that dur ing the rain of her maist blissit Majestic, for ilk yeare known as lepe yeare, ilk mayden ladye of bothe highe and lowe estate shall hae libertie to bespeke ye man she likes. . Albeit he refuses to