Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1873-07-10

him as the hero of the FIRST Manassas, thu
soldier of Shiloh. and the defender o.
Charleston; but they hold him In utter
disgust and detestation when he pledges
himself TO dedicate his life to the unifica-
dominating one of different things-ot
our people, and by our people, meaning
every son of Louisiana, without regard to
race, color. or previous condition
THE MURDER LAW IN NEW YORK
The leading journals of New York arc
quite unanimous, since the trial of Wal.
worth, in the opinion that the new law in
relation to murder will work the abolition OF
capital punishment. Thefeature ofthe new
law which they think will lead to this re-
suit is that which makes distinction be-
tween murder which is deliberate and pre-
meditated, and that which is without de-
liberation and prcmeditation. In order to
convict of murder in the first degree, the
penalty for which is hanging, the homicide
must be perpetrated from deliberate and
premeditated design. Murder in the sec
ond degree is homicide Intentionally COM
mitted, but without deliberation or pre-
meditation. and the penalty is imprison-
ment for life. Under this distinction it is
contended that .juries will not convict of
murder in the first degree. 1t allows
them latitude OF, which they will avail
themselves to give the more merciful sem
tence to which juries are generally in
clined, and for which artful counsel will
bend all their efforts. Any doubt whatev
err. any sympathy for the prisoner. raised
no matter in what way, win operate to re-
duce the sentence; the juror being salts
fed that he has done his duty to the State
when the murderer goes to prison for life,
and his duty to the prisoner when he has
given him the benefit of the lesser penal
ty.
While this is the light in which the lead
ing papers view the matter, the author of
the new law has stepped forward to its
defence, giving the history of the act, ex-
planning how it differs from the former
law, and disagreeing squarely with those
who hold that it will operate to abolish
capital punishment. In long letter pub
lished in the New York Times he states
some facts which are worthy Of attention,
since they bear upon the general question
Of legislation for murder. The letter
opens as follows:
have read with no little surprise the edi-
torial comments in your issue of 4th inst,
upon the "New Murder Law" drawn by me,
and passed by the Legislature on the Goth of
May last l call it "New Murder Law"
although 1t is only an amendment of the for
mef law, 10 few simple, but important par
ncalars. think you are entirely mistaken
IN your apprehension that the practical oper-
anon OF the Law viii be to abolish capital pun
u enforced by courts and juries, in my opin.
ion capital punishment will be inflicted about
Is often under the new as under the old law
Inc difference will be that under the new law
only those who are actually guilty-morally
ana legally guiity-will be convicted, while |
enaer the old law when convictions of muir.
oef 10 the first degree were obtained, it was
frequently in cases where the parties were
least guilty. Those most guilty too often
got on with maEslaughter in the third degree,
or by means Of repeated disagreements Of iu
ries escaped punishment altogether.
lou say, at will be impossible for district
eteorneys to obtain convictions for the capital
cases." 80 ss f'''""'
This was equally true in respect to the old
law. In proportion to the number of homi-
cioes committed, the number of capital con.
Victions was small Indeed. OF those convict.
ed OF murder in the first degree, but very few
suffered capital punishment You saw that
since 1869 we have had over 200 homicides in
TINS city. Without being acquainted with the
individual merits Of the cases to anv cons;der.
able extent, / venture the opinion that out of
!nis number Of 200, about 100 were, under the
former law, If applied with technical and le-
gal "rietness, guilty of murder in the first de-
s.ee' tet' since 1869. believe there have
Az Ssea ~ pst Tour executions in this city. IN
generally Of but little morsl-and Frequently
M ~ IegA,-importance; for we ali know
"a .n sueh convictions were set aside.
,ss- -: very lev we're followed by the inf,ic
NE Death penalty. Under the new
49,. sc;pMai conviction will be no idle cere.
.;os1 Nvhi be rare indeed that one SO con.
..sWsaa '"' not expis,e his crime upon the
Under the new Law not one i, co., 49,, :.
proven guilty viii escape under the old Law
nos one 10 twenty. q think might safely sav
not one in nfty, guilty of murder in tho A.,
degree, vas convicted Of that off.nse No,h'
ing can oiier such premium upon murder az
the uncertainty Of punishment. -
As discussion in which both sides arc
advocates Of capital punishment, ii is one
OF importance. While the author and de.
fender Of the new law Is in favor Of han