Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1845-07-10
capital


formerly a member Of CONGRESS, who shot and killed
his brother-in-law. at Mt. Sterling, KY, last winter,
has been tried and acquitted. Daniel committed this
murder IN broad day, in open court, and in the pres
ence of a multitude Of witnesses; yet the jury says
mot guilty. The truth is that a murderer can
safely undergo the ordeal of a trial, while almost any
other criminal is sure to be convicted. Such is the
natural result growing out of the general aversion to
the penalty of death. 1t is therefore good policy for
criminals Of every grade to add murder to their other
crimes, and thus secure immunity from any punish
ment whatever, except the farce of trial. The only
way in which these evils can be ~remedied, is to make
the penalty what it ought to be-imprisonment for
life instead of hanging.
ANOTHER .CAsE.-A man named Pappenberg was
recently tried at Philadelphia, on a charge of MUIR
dering a Mr.. Treager. He was acquitted, though the
circumstantial evidence, (such as possessing the watch
and some clothing of the deceased, blood on his own
clothes, which he had tried to wash out, a bloody
Ratchet on his premises. SC, } was very strong against
the accused. Still it was possible that he was not
guilty, and so the jury after celebrating three DAYS,
refused to convict. A Philadelphia paper says-'h
is presumable that in at least half the cases of actual
murder, an acduittal takes place; and that this would
not continue to be the case if capital punishment
NOAC0 AAh0 tO II Il aAOAnnl2 4NCMoO U~
serves, g that in capital cases, the mind of the juror
often becomes warped and affected in a manner to half
unfit him for the proper discharge of that high func-
ton, and absurd verdicts are often rendered in perfect
good faith and honesty of purpose. A perpetual silent
reference to the bloody penalty causes him to look
upon the different parts of the evidence with very diff
ferent eyes. The smallest possibility Of a doubt is
vastly magni6ed to his mental vision, while the clear
- = n =
the background or into the shade. Change the nature
of the punishment to one less abhorrent to the deepest
instincts of human nature, and all this will be chang
ed"
The News further says
"The late Circuit Judge of this Circuit, Judge
Kent, a man who shed upon his office a higher lustre
than it could yield, became a decided convert to the
doctrine of the abolition of the death-penalty, from
his experience and observation on the Bench. One
third of the panel of jurors, he said, refuse to serve
in capital cases and of those who are sworn into the
jury box half go there with minds more than half I'M
fitted for its duty. On the ground of expediency
alone-for the true interests of the public, and for the
prevention of crime by increasing the certainty of
punishment, he declared himself prepared to SIGN a
petition to the Legislature in favor of the proposed
change. We might easily name many Of our higher
Judges who entertain similar views.'
The subject of the abrogation of death punishment
is exciting much attention in England as well as in
this country. 1t will not be many years before this
relic of barbarism will, like that of Imprisonment for
Debt, be cast into the receptacle of lost things.
Public meetings have been held in some parts of the
Kingdom, and petitions have been addressed to the
Queen, in favor of a reform in the matter. The
London Economist, an able advocate of liberal prin-
ciples, says ~
80 We rpiOice t0 find that the late hOrrid pyacutiOnS
of criminals are exciting a feeling of disgust through
out the country. 1t is felt that the hangman has done
his best Tor worst,) and man Is not reformed. The
more the hangman does, the more he gets to do, until
every now and then a feeling of safety comes over
the public, from whom jurymen are chosen, and they
take refuge in verdicts of insanity. But the fact is,
all criminals are insane, which is no reason why,
when they are proved to be mischievous, they should
be suffered to go at large; but it is a very good reason
why they should be treated kindly but not vengefully
should be kept out of harms way, in fact, both ON
their own account and on that Of others. There is no
greater remnant of barbarism among us than our cri-
minal code from beginning to end. 1t is, in fact, pure
unadulterated barbarism. We stand out among so
called enlightened nations, in most unenviable relief,
as the hanging nation and it is a fact, that we have
more criminals for our population than any people
among whom records of crime are kept. With those
who think il. no sin to hang, but a right and necessary
though painful duty, this fact ought to weigh heavily.
1t is evident they don't gain. their ends by it they
don't deter from crime in proportion TO the number of
their executions, but, on the contrary, are dared with
at least one, often two or three fresh murders, to say
nothing of thefts and minor offences, for every time
that they erect the gallows- Will experience, which
guides us in every thing else, carry no lessons to lis in
matters of life and death-in laws which, for better
or for worse, have their effect on every member of
society. We do not believe ii. War, which some
people are just now talking of, is bad enough but it
is not all bad, for noble virtues and heroic conduct
(Which we could wish to see otherwise displayed) are
from time to time manifested in it. But about hang
ing there is not one even insignificant feature which
for a moment withdraws the view from Its mean, cruel,
coarse, ~vindictive character. Are We wrong, then,
in hoping and anticipating, as we certainly much
desire, that we are near having seen the end of it,
.GUfLTY OF BEING CoNcERNEb IN THE SLAVE
TRADE.-The case of Jason L.. Pendleton, indicted
for a misdemeanor, in being connected with the slave
trade on the ccast of Africa, was brought to a close in
the United States District Court, Baltimore. by a ver-
dict of guilty. The punishment is fine and im~prison-
ment, the lowest grade even very severe.
The trial OF Peter Flowery, Captain of the schoon-
err Spitire for being engaged in the slave trade, be-
fore the u. S. District court of Mass, was brought to
a close on Saturday, and tie jury rendered a verdict
of guilty, with a recommendation of mercy.
The circuit court Of Warren county, Miss, convict
ed Thomas Bowling, an overseer, of mans,as,ghter in
the first degree, for killing a slave belonging to his
employer, r.. Ballard.
EMANCIPATION IN KENrUcKY.-The Louisville Jour-
nal says:
The question of gradual emancipation has been a
rood deal discussed privately among us of late, and