Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1850-07-18
GALLIPoLIs. OHIO. JULY Is. 1880.

given to the statement Of DR.. Wei
ster, and the committee shall col
clude that it is most probable, c
Is equally probable Gor that would !
r. enough) that the homicide was con
IS mitted in the heat of blood, and wa
unprecedented, ought the praye
OF the petition be granted, and tn
sentence commuted?
> Here he waived any wish OF CON
: potency to discuss the legal questio
] that might arise, as TO malice bein
implied by law, and about shiftini
the burden of proof from the com
monwealth to the prisoner. He on
ly alluded to the known difference
of opinion on that point in the Su
preme Court itself, presuming how
ever that t h g Executive Council
would not wish TO impeach at all one
of its decisions, or that the people
could desire, or DR.. Webster's friend:
ask such interference OF functions.
He supposed however that if DIR,
Webster's statement could have been
proved to the jury under admissible
evidence,-the verdict could n o I
have been murder. Or if then, the
court, constrained by the rules Of
the Common Law had instructed the
Jury, that they must find such a hon.
icide murder, he supposed it would
have been regarded everywhere a
case for the Executive. The precise
duty of the Executive, was to make
the graduation of punishment to
crime more perfect than any general
rules OF law can do.
In regard TO the punishment Of
criminal homicide, it seems to me
settled point in the minds of The peo-
pie, and in the actual administration
OF the law, that the sentence Of
death, however often the Judiciary
may be constrained to award Il,
shall be carried into execution only
in cases in which il is proved and be-
lieved that the murder is deliberate
ly intended, and that in all cases in
which b e deliberate intention is
wanting, or not made out nor neces-
sarily inferred, n ther punish
ment less horrible, but still severe
and sufficient, shall be substituted by
the Executive.
In this latter position, said DR..
Putnam, as | believe the case Of DIR.
Webster stands, | believe that the
prayer Of his petition ought TO be
granted, and have presented in his
statement, and in my own name
reason which | think should move
the Governor and Council to grant
it. | am here out Of my usual and
appropriate sphere, not TO win a
case, but to assist the committee in
their search for the truth OF the case.
have no interest in the matter dis
tinct from that of the Common
My sympathies in the case
ire first, for truth and justice, and Sc
;ond for Webster.
DR.. Webster, continued he, does ,
lot pray for full pardon from the !
Executive. His friends cannot claim
for him. He is guilty man. The
revocation, though great, was only
n words and menaces, and did not .
ustify the blow. 1t was the result ;
# a passion which he admits he /
'ught TO have under control, and !
or the consequences of which he .
) justly held responsible. ;
He acknowledged that DR.. Web ;
ter's conduct after the offence ag- :
ravated it,-that a man OF right /
moral tone, would instantly have
1ade public what he had DONE
gain the impression made of his
haracter by his disposal OF the body u
ould not be removed;-though his i"
ducation as a medical student and q
ledical man, should be regarded =
7hile he was judged. His taking a
OF the notes, has a very : =
ad look, not TO be palliated;-a fel- y
ny indeed; enough TO blast his char. !.
cter for probity. But still, all these -"
ad facts, putting the worst inter- a a
upon them, would not Sc u u
arately or CO llectively constitute 'e
le crime Of murder.
Mr.. Webs;er's intellectual and So q y
al advantages, he said, increased u =,
S moral responsibility doubtless;- u
1t they increased any punishment al
say Imprisonment in just the same 81 -
'gree. "
And this is difference enough ~
5ainst him without inflicting upon OF
m a sentence severer in terms, O.
hich the government have no le-
i or moral right TO do. 1t is some
mes said, to that reply, that "Dr.
Vebster must be executed accord =.
g to his sentence, because it viii ~
1t do to relax the rigor of the law IN
favor of one in his position. He G.
ust die, whoever else may be SPAR w
:" This is a cruel sentiment, and sf,
bversive of every principle of hu- -