Unless the court found reason to convict on the charge
of having failed to notify the death. But here, again--the child was
dead, and nothing could alter that; the place was far out in the
wilds, many miles from either priest or Lensmand; natural enough,
surely, to let it sleep the eternal sleep in a neat grave in the
woods. And if it were a crime to have buried it thus, then the accused
was not more guilty than the father of the child--as it was, the
misdemeanour was surely slight enough to be overlooked. Modern
practice was growing more and more disposed to lay more stress
on reforming the criminal than on punishing the crime. It was an
antiquated system which sought to inflict punishment for every mortal
thing--it was the _lex talionis_ of the Old Testament, an eye for an
eye and a tooth for a tooth. There was no longer the spirit of the law
in modern times. The law of the present day was more humane, seeking
to adjust itself according to the degree of criminal intent and
purpose displayed in each case.
No! The court could never convict this girl.
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