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xviii PREFACE TO VOLUME TEN

is no reason to doubt the general aceuracy of that re-
port although some of the statements in it should be
received with much allowance. The trial as reported
gives evidence of great learning, research and skill on
the part of the prisoner’s counsel, but some of the dis-
cussions which relate to mere questions of abstract
law are here omitted.’

Judge Gerard, American Ambassador at Berlin
from 1913 to 1917, is quoted as saying that it will be
hard to find a punishment to fit the case of the kaiser
and his pals who have been convicted in the Court of
the World of the greatest crime in history. Perhaps
the ancient sentence for High Treason which was
passed upon Colonel Bayard (p. 539) might well be
revived for their benefit, until something better is
thought of.

For what small gain a man will commit murder, the
trial of Orrin DeWolf (p. 540) shows. His victim was
of even less value to society than he; and for this rea-
son the Governor’s Council thought he was not worth
hanging. The case is reported here, not for its impor-
tance as a contribution to criminology, but to preserve
the charge (which would otherwise be lost) of Massa-
chusetts’ great Chief Justice, Lemuel Shaw.

The case of the black coachman, Alexander Whis-
telo (p. 567) is a companion one to that of Maurice v.
Judd where the grave question submitted to the same
court was Is a whale a fish? See 3 Am. St. Tr. A
more amusing trial is not to be found in the Judicial
reports and again we meet our old friend Counselor
Sampson" of New York, and with him again that great
expert and fountain of knowledge, Dr. Mitchill” The

2 Chandler's American Trials.

o3 Am. St. Tr., 627.
Tid, 613,

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