The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-16

L 1anBUus
The new year will open (unless the Executive
should intervene) with the execution Of four
persons who have been convicted of capital
crimes in this city and in New Jersey. Michael
Cancemi, for the murder of policeman Ander-
son, and James Rodgers for the murder Of John
Swanston, have been sentenced to be hanged on
the 18th day of January. James Shepherd, who
was convicted in the Sessions on Monday, Of
arson in the first degree, win be sentenced to
death on Saturday. James p. Donnelly, con-
victed of the murder of Albert S. Moses at
Naversink, New Jersey, has also been sentenced
to be hanged on the 9th day of January.
In the cases of Cancemi and Rodgers there
can he little doubt of the propriety Of the in
fiction of the death penalty, provided it is ever
to be inflicted; and society at present is not pre-
pared for its abolition. Owing to the inefi-
cheney Of our police, caused by the constant
| changes in the force and the never ending tink-
ering Of the law at Albany, and the laxity of
/ our courts in the administration OF criminal
justice, crimes against persons and property
have increased in this city to a frightful extent
Many citizens whose avocatons call them out
at night are obliged to carry concealed weapons,
against the letter of the law and the spirit of
their own principles. The city is infested with
gangs of ruffians-some driven from Cali
fornia by the Vigilance Committe, some
escaped from the British penal settlements,
| and some young men who have been neg
lected by their parents, suffered to frequent
low grog shops, and to think it their highest
| ambition to rival some notorious house breaker
or prize fighting bully. Cancemi, it appears,
| was an Italian who had previously borne
a good character. But, like Eugene
| Aram, Professor Webster, and other muir
derers of greater note than himself he fell
at once into crime. He attempted to commit
burglary, was discovered, pursued and fed !;
turning, he discharged pistol, by which q
policeman was killed. The law in his case is
| quite plain, and we do not see that any excep
ton can be taken to the decision of the general
term, Supreme Court, which condemned him to
death. 1t was held by Chief Justice Shaw, of
Massachusetts,, in the case of Webster, that
while in crimes of smaller magnitude than muir
der evidence of previous good character might
be received in mitigation or to weaken the evil
dence, yet in capital cases experience has proved
that no such rule can be safely applied. This is
not only good law, but good common sense |;
and it is entirely proper to apply it in the case
of Cancemi. Our police force is at present
much reduced, and the men need all the guards
that the law can throw around them. 1t is in
this light that we view the execution of Canoe
mi An example of the kind is needed.
In the case of Rodgers, his youth, and the fact
that he was intoxicated when he killed Swans
ton, are pleaded in mitigation. 1t will be re-
membered that he was one of a gang Of rowdes
such as infest the portion of the city near the
rivers; that this gang insulted and maltreated
quiet citizen who was walking in public
street with his wife on his arm The vic
tim turns to demonstrate, when he is
stabbed by Rodgers, and death almost
Immediately ensues. Now, the youth Of Rodgers
cannot be pleaded in mitigation of his punish
ment, because he was old enough to understand
the consequences of his act. His evidence in a
matter involving life, liberty or property would
have been taken in any court He belongs to a
class Of precocious youths, all of whom are in
training for the penitentiary or the gallows
tree The plea of drunkenness is also unavaila-
BILE. 1t has been we'll remarked by one of our
most eminent jurists, that drunkenness is rather
an aggravation than o palliation of crime.
Should the executive clemency be extended to
Rodgers all the rowdies in the city would argue
that, provided they were young enough and
drunk enough, they might run about the city
and stab any decent person who happened to be
In thsir way. No: what the law must say to
these pests Of society, through the execution
of Rodgers, is, if you do get drunk, and while
drunk if you kill any one, you shall be hanged
Had we more men like City Judge Russell to
nip crime in the bud by the inhiction Of severe
yet salutary punishnsnts, we should have fewer
cases like that of Rodgers. But the evil lies too
deep for anything but the actual cautery
The case of Shepherd, who was convicted of
arson, is not quite so clear as that Of Rodgers,
but the presumptive evidence was very strong
against him. 1t was proven to the satisfaction
of the jury that he fred his own house. and
that his wife either persisted in the flames or
was murdered by her husband before the match
was applied A review OF the evidence shows
nothing in his favor, and gives strong chain
Of circumstaniial and presumptive evidence
against him.
To these three cases there seems to be no
reason why the death penalty should not be in
flicted. We arc not believers in the Mosaic
doctrine-"an eye for an eye, and tooth for a
tooth as an invarisble rule; but the intents
of the law should be carried out and penalties
graduated according to the Nervousness Of the
crime-not for the punishment Of the criminal
so much as for the protection Of society by the
influence Of salutary examples.
1t is not quite clear in the case of Don.
nelly that society would gain anything by
his death. Public opinion, as to his gull,
or innocence, is divided. Several strong