Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-04-11
SHALL WOMEN BE HUNG,

The Commonwealth of New York is con-
siderably agitated, at the present time, by
question concerning capital punishment, A
Mrs. Hartung, who murdered her husband by
poison, has been convicted and sentenced to
be hung, Bat a popular feeling interferes to
prevent her execution, not because her guilt
is doubted, but because she is woman
Gov, Morgan having been appealed to, refuses
to interfere. Probably the sentence will be
ccmmuted, by an act of the Legislature
Thfs case is noteworthy and very significant.
The New York Times, usually very earnest in
defense of capital punishment, opposes it in
this case, and expresses the prevalent senti-
ment as follows:
eve do not think hanging decent or prop
er punishment for woman under any cir
cumstances. 1t would be difficult, doubtless,
to give any very cogent reasons why we
should not hang woman as well as a man, if
equally guilty of murder; but it would be
equally difficult to give any good reason for
not striking woman as well as man, under
equal provocation. The reason for the dis
tinction lies in the feeling that it exists and
should be observed. There are cases where
feeling must take the place, and do the work,
of reason, and this is one of them. There can
be no danger to society from sparing wo-
mans life even if she be murderess, for the
walls of a State Prison are certainly strong
enough to give the community a sense of Sc
curity on this point, And all the substantial
ends of justice would be equally served"
1t is not now our intention to deny that this
view of the matter is correct; but we desire
to understand what it signifies as a concession.
There is no argument or reason in support of
capital punishment which makes this distinc-
ton between men and women. Whosoever
commits the crime of murder must die on the
gallows. This is the doctrine; this is what
the law DEGREES, and we have no authority to
make exceptions, or to excuse the murderess
from its operation. We must change both the
doctrine and the law, or we must maintain
them with fidelity. Murder is quite toe Sc
rious matter for either cold trif1ing or senti-
mental folly. Whatever is done to prevent it,
should be done seriously and with the highest
possible exercise of reason and whatever is
honestly adopted by any commonwealth as its
law in regard to murder, should be executed
with the most scrupulous care, while every
dishonest enactment should give place to some-
thing better.
To be consistent, the New York Times and
those who agree with it should demand re-
vision of the law. If men only are to be hung
IN New York; if no murderess is to be exc
cuted on the gallows; they will of course in
sist on making the statute book say this in ex-
phcit terms. Such revision of the law may
give rise to new and sharp discussion of the
doctrine of capital punishment, and lead per-
haps to another revision of the statutes but
truth never fears discussion, and cannot he
harmed by it. Dishonesty is neither good nor
wholesome, nor useful in any way Adishon-
est law is an offence and a shame to any com
munity. Private falsehood isF bad enough:
but lie coolly 9iIacted, or deliberately allowed
on the statute box, is foul and corrupting
thing, disgrace Hui to the manhood of the peo-
P ana sh1 me to civilization. Therefore, we
'R9k tor an Immediate change in the laws of
Ney York concerning murder, which shall
provide that male murderers only shall suffer
the death penalty
1t is somewhat remarkable that journal
like the New York Times, which has so often
denounced sentimental philanthropy" should
decide question of this importance, by the
urgent cutlery of mere feeling" that it should
actually insist on having this feeling take the
place of reason and do its work and that it
should urge this point with great earnestness
against the death penalty so far as it relates to
women. 1t may be creditabe to the manhood
of the conductors of the Times: but it is nov
ertheless quite remarkable in that Journal es-
pecially on that question. Do they consider
what use can be made of it by those who are
entirely opposed to the death penalty, in all re-
men will say "Your feeling interferes to save
women from the gallows; our feeling is
stronger and goes farther; we agree with
you in regard to the hanging of women, but
we have also the same feeling in regard to the
hanging of men" And how shall they be an
'swereda If feeling is to take the place of rea-
son and do its work in one case, why not in
the other True feeling is frequently the
highest reason. Is the Times allowed to fix its
- - -
limit?
What we have quoted from the New York
Times, is, in fact, a strong declaration against
capital punishment in all cases. 1t says ex-
pressly that the walls of State prison are
strong enough to give communities security
against murderers, and that all the substantial
ends of justice would be served by combining
instead of hanging them. The declaration
goes farther probably than the writer intended,
but not farther than is absolutely required by
the position taken. 1t shows that the question
of capital punishment is yet to have larger and
more complete discussion than heretofore, and
that there is much more to be said on the sub
ject than has yet been spoken or written We
need such law in regard to murder as will
most effectually protect the community, and at
the same time be most wholesome for the cit-
zens. If law without the death penalty
would be wisest and best for such cases as that
of Mrs Hartung, why not for all other cases
Time will answer this question in the most
effective manner.
10 DIR. Brockett, who was committed to
prison in Hartford, charged with the commits
sion Of several forgeres, has not been able, yet,
to have his examination before the Police Court,