Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1873-01-20
WILL STOKES BE HUNG?


Judge Boardman in his death sentence
against delusive hopes, Stokes himself
maintains cheerful view, eats and
sleeps we'll, and seeks no benefit of cler-
gy with reference to any pious prepare
ton for his final exit. But he was just
as confident that he would be acquitted
and the public thought so too. There
is just doubt enough in the case to make
it matter of wagers between curiously
disposed parties here and there. How
ever sacriligious it may seem, many oys-
ter suppers are depending upon the life
or death of Stokes.
And far greater things depend. This
is one of the causes celebres. It's impor-
lance as precedent, and if Stokes be
hung, as a new departure, for New York
at least, can hardly be over estimated.
One thing is pretty we'll settled in the
public mind: He has been fairly tried.
If the epidemic of crime peculiar to the
times happens to be unfortunate for him,
it is also unfortunate for society; and
he, or any other man, who carries re-
volver and uses it as he did, must share
such a risk with society. His sentence
has been according to law-law DELHI
erately enacted for the protection of So
ciety, and with the death penalty for
| its sanction.
Now, what shall be the result? 1t is
no question of the right or wrong of cap
ital punishment, but whether existing
law is law,-whether its solemnities are
real,-whether it's prescribed sanctions
amount to anything.
There are a great many who carry re-
volvers and would like to use them la
Stokes, who haze carefully watched this
trial, and are tnoughtfully awaiting the
result. And there is a larger class who
have strong prejudice against the free
use of revolvers, who also wait with
pretty strong convictions and some anx-
iety, and there are some under convic-
ton in the Tombs who would like to
know.
If Stokes be not hung-why not p
The reasons will be rigidly inquired for
If, after two trials, at such cxpence tc
the state, and the fullest examination
and most skillful defence by counsel
and the candid and impartial rulings Of
a Judge of unimpeachable honor, and the
verdict of rather better than the aver
age New York jury, and legal sentence
duly pronounced, after due delay, anc
against which no ingenuity of the defence
could interpose exceptions-if. after al
this, the case is to be remanded on ques
lions raised not on the merits of tn,
case, but on frivolous legal technicalitie
then it is high time to demand, in tn
name of public justice, so trihed with,
thorough revision of the criminal code
Let this code be cleared of its multi
tudinous bubbles and technical imped
iments. Let them be laid up where the,
belong in museums along with ancien
armor. Let there remain no possibilit
) after such a judge as Boardman has Civ
en- sentence, of bandying case like thi
5 around among some thirty other judges
| Let us have speedy trials, though wit
: every opportunity of the fullest defenc
on the merits of the case. Let the pen
l alties of crime be we'll defined, and in
7 capable of mitigation by. the varyin
e dispositions and personal standards c
+ different judges. Then let the verdict
| be followed by prompt sentences and b
J, swift and sure executions, whether cap
| tai or otherwise, and with very ca,
y tious exercise of the pardoning power
So would there be fewer to punish. an
t the threat of punishment would becom
i what it now too seldom is, a powerfl
). sanction to law. There is nothing tn;
o public justice and the best interests
c society, and even of criminals themselve
e more imperatively needs than a thoroue
: revision and simplifcation by the sta
t legislatures as the methods of crimin
n procedure.-Springtfeld Republican.