Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1847-07-28
Capital PUNISHMENT.

The following is copied from the New
Orleans Delta, of the I'd inst:
TRIAL OF WIN. p. HOWELL FOR MuR-
pER.-The trial of VIM. p. Howell for the
murder of Joseph Fox on the 23d ult., took
place in the first district cour Yesterday
The jury returned a verdict of guilty of
murder, without capital punishment
That is, we find the prisoner guilty Of
murder, provided the penalty be not capi-
tai punlshment-a most wise VERDICT
What does this show! That iuries are
loalh to convict in capital cases-hence it is
that SO many dcsparadocs, who would un-
der mildcr code be restrained, are turned
loose upon society to repeat with feelings
of perfect impunity their deeds of darkness,
of crime and death. Thus adds another
link to that endless chain of argument III IA
vor of milder penal code, which is
wrought from the changes made in govern
mcnts, especially i'll some of our states
changes approXimatlng to total abandon
ment of that relic of barbarism, the halter.
Such decisions as the above add weight TO
the persuasive eloquence of IivingSton,who
labored so srenuously before the Louisia-
ma legislature to bring about a milder pun
ishment. FRY" says he 1.-THE efficacy of
mllder punishments. they have succeeded
in other offences; try the experiment in this
also. Do not fear that the murderers from
all quarters of the earth, seduced by the
mildness of your penal code. will choose
this rs the theatre of their exploits
Nor is the fact that juries are unwilling
to convict, the only argument for doing A.
way with the gallows. Witnesses are I'M
willing to testify, and the Executive is IN
clned to pardon. Executions also tend TO
harden the heart: and, in hundreds of in
stances, lead to the very crime they errone-
ously intended to prevent. Indeed, this
taking of life is repungentt TO the minds own
consciousness of right, when unbiased by
education. Reader, think candidly, when
YOU hear of horrid murder, would you be
the occasion of the culpril's death, as wit
ness, juryman, Judge or jailor! Would you
not rather contne him where he might re-
fleet on the past and prepare for the future!
But the great hydra-head of the evils re-
sulting from capital punishment, is its ire
mediable nature. 1t is that which has a
tendency to set aside and render obsolete
that great maxim of human charity, that it
is better that two guilty men escape than
one innocent man be punished.
Louisiana affords 4 most striking illustra-
ton of this position. We quote from rec
objection some volume of the \. \. Re-
view. The tragedy occurred somewhere
on the Mississippi river, in Louisiana
Suspicious were fastened upon respecta-
bic young man of having murdered 4 fellow
ledger at a tavern. The young man was
tried, found guilty, and condemned; when
placed upon the scatiold he read an able
vindication of himself, again protesting in
the name of God that innocence which his
fellow-man refused to believe. When in
formed that his time was come, he broke
wildly loose from those he was surrounded
by on the scaffold, and rushed in among the
multitude in the most piteous manner cry
ing for help, and repeating the assurance