The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1845-11-11

CAPITAL PuNIsHMENT.-Tme, and cases like
the following, will, it is to be hoped, at length
convince our law makers that the hangman and
the gallows would be better dispense with The
humane spirit Of modern legislation confines itself
to the protection Of society and the reform of the
criminal but the law ofrcisliation upon which our
present system of capital punishments is founded
belongs to ages when man was little studied or
understood, and merely cuts off the offendin
member, affirming that i, can neither henceforth
reform or restrain him. Asto the moral infu encc
of executons--such case as this OF Df. Bakers,
where there is reasonable doubt whether socety
is not wreaking the vengeance f the law upon
man incapable of guiding his own actions will do
away with all the good effect of the punishment
and weaken confidence in the law, while it adds
force to the conviction held by very large pro-
portion of the people, that spectacles of strangng
tend to promote rather than restrain the crime
agains; which they are directed.
We take the following statement Of facts from
the Wsstern Journal Of Medicine, for October.
Dr. Abner Baker, reputable physician, of
the most respectable family and connexions,
killed his brother-in-aw, Daniel Bates, high
ly esteemed citizen of Clay county, in this
State, about year ago, and after an exa-
minaton before the usual tribunal in such
cases was discharged on the grounds of
lunacy. He spent the winter in Havana,
and while absent the Grand Jury found
verdict against him of murder. On his return
in the spring his friends, gave him up; he
was tried at the special term Of the Circuit
Cour:, of Clay county, in June last, and
found guilty. The plea Of monomania was
set up in his defence and the testimony to
that effect of several physicians, among whom
was the late Professor Richardson, was clear
and decided. The Governor of the Com
monwealth has been pettioned 10 pardon on
that ground, but has refused TO grant the
prayer. We are assured that nine out of
twelve of The jury are among the petitioners,
and that they express full conviction that
Baker is a monomaniac. AS far as we are
informed, every physician who has heard or
read the testimony in The case is of the same
opinion. AT the request of a brothet of DR..
Baker we examined, some weeks ago, a
transcript of the evidence, and from what
was submitted to US we did not entertain a
single doubt as to his insanity. The same
record was read by several Of our medical
friends who concurred fully with us in this
opinion, and the result was that we express
ed to the Governor our belief that the unfor.
tunate man was filter subject for the mad
house than the gibbet. We do not know
how nearly this sentiment is universal among
the medical men who have investigated the
case, nor are we going to say how far the
opinions Of such Witnesses ought to prevail
with the Executive; but we suppose there is
no arrogance in saying, that, as to question
of insanity, no men in the community are as
competent judges as physicians. We do hope
that the Governor will, at least, still further
extend the respite which he has granted,
and that all doubt Of the lunacy of the pri-
soner will be removed from the public mind
if indeed he is not insane, before he is made
to pay this dread penalty. The moral effect
of his execution while such doubt hangs
over the case, we are thoroughly persuaded,
would be most injurious.