The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1873-04-10
HANGING FOR MURDER.

should be rewarded, instead of punished.
The Nea0 National Era talks in the follow
ing way:
The strongest and almost the only ar
gument against the Communication of
Fosters sentence to imprisonment for
life, was that his execution was necessary
as warning to the New York roughs.
which was based on the assumption that
the death penalty has a stronger int1u-
ence in preventing the crime of murder |
than any other kind of punishment. |
There was evidently firm conviction in |
the minds of those who so earnestly de- |
manded Fosters execution that the GER |
tainty that he would be hung would |
strike terror to the hearts of all New
York ruffians, and stay for time, at
least, the hand of the assassin. But the
refusal of Gov. Dix to interpose in his be-
holt, and the absolute certainty that he
must suffer the penalty of the law, nor
even his ignominious death on the gal
lows has seemed to justify these expecta-
tions. On the contrary, as the daily re-
ports of crime in New York show, from
either of these considerations having any
salutary influence on the minds or hearts
of the outlaws of that city, murders seem
actually to have increased since. Almost
every telegraph dispatch brings US one or
there, besides various other crimes. On
Sunday week, according to New York
paper which keeps a record of crime,
| young man waiting for car in the upper
part of Madison avenue was assaulted by
! two men. He escaped, and, jumping
on the car, appealed to the conductor
| and passen gers for protection from the
ruffians who followed him. His appeal
was in vain, the cowardly passengers be-
| HI 10 hun 1fo-
drew their knives and attacked him,
cutting off one of his ears and otherwise
| injuring him, until he succeeded in es-
Gaping from the car. His assailants
again overlook him, knocked him down,
and robbed him, doing their work with
utler disregard to the existence of police
men or passengers. On the next day
| three drunken men attacked
German saloon keeper, knocked him
down, beat terribly, fatally stabbed his
wife and neighbor who came to his as
sistance then, leaving the saloon, stabbed
a man who was passing, and finally made
| their escape, leaving no trace to their
identity. The same night a gang of
roughs attacked the passengers in a
horse-car on Third avenue, and lively
sxirmish with revolvers took place, dur
ing which the conductor and passenger
were shot, and the roughs escaped In
addition to these acts of violence, there
was an unusual amount of thieving, issu-
ing of forged railroad bonds and other
crimes. OF course, no man commits a
murder with the assurance that he will
suffer death for the crime. He expects
to escape detection, or to be acquitted or
pardoned if tried. The certainty of i'm
prisonment for life would be quite as
likely to deter him from committing a
: murder as the death penalty. The New
York roughs are giving the most con
vincing proofs that the existence of the
the the law making murder capital OF
fense has very little influence in arrest
ing their passions.
Now we honestly believe that just such
talk as the above is what gives encour-
agement to murderers, and keeps then
at their work.
The New York Tribune has the follow
ing:
Michael Nixon has been tried, convict
ed and sentenced to be hanged for the
murder of Charles Phyfer, in this city, il
January last The prisoner was ably de
: Tended, but the Judge, jury, and District
: Attorney did their whole duty, with the
; above result. We refer to this case once
more for the purpose of marking how
; such a termination of trial for murdel
+: strikes the mind of the average citizen a.
? a novelty. We were at one time so near
2 lily seeing changing played out in New
York" that it seems a positive relief t.
e behold the courts do their obvious dut!
!, by a criminal at the bar. Now that
:, verdict has been rendered in accordanc,
f with the established facts, there can b.
!, no impropriety in saying that the mur
/, der of Phyfer was one of singular anC
/ reckless atrocity Phyfer was riding
/ cart-horse, leading an o h er horse
Angered at his inability to pass. PhyfeT
e Nixon drew a loaded revolver and sho
T, him through the head, killing him in
/, stantly. Why this violent man had sucl
5 a murderous weapon on his person ha
7, not been explained. He was reputed, a
), the time of his arrest, to be notoriou
:, ruffian who had been frequently arrested
/, for murderous assaults and other crimes
r, Capt UIlman of the Oak-st. Polio
r, Station identified the pistol found OF
/ him as one taken from him six month
D. before, when he had arrested him for
5, violent assault.
>, The quarrel between the slayer an,
/ his victim was too frivolous in characte
to deserve serious attention. When al
rested, Nixon is reported to have said c
:. Phyfer: 81 shot him; he attempted t
p strike me with whiffletree, and l sho
g. him" And this was in the crowde
e streets OF y eW OfK; IL is more like tn
N violent ruffianism of the frontiers, O
- mining regions, where men were kille
'e by the barkeeper if they grumbled a
y the quality of their liquor, or boarde
e shot his landlord if his bread had to
e much saleratus in it. Indeed, comment
ing on this very case California journal
i sarcastically said, if it had happened o.
the west side of the Rocky Mountain:
New York people would shudder at tn
coarse violence of the frontier. The dee
n was, like too many local murders, tn
20 work of an instant but deliberate puI
re pose. 1t had all the elements of crue
+ savagery in it. In his charge to the jury
n. Judge Brady said that the only delibel
70 alton required to constitute premeditG
is ton under the law is that the desig
4 must have existed at the time the dee
n was committed. Nixon drew his reYolN
n er. and, with one deliberate aim, sho
"a Phyfer through the brain. That was pre-
G. meditation.
NJ Yet, with all the array of conclusiv
" evidence which the case afforded an,
If with this representative New York ru
e fan at the bar, it is impossible to sur
Ie press an emotion of surprise that tn
20 murderer has been convicted and ser
E. fenced to be hanged. That we have haI
a. pened upon evil times is not so clear be
D. cause such murders as this of Phyfer ar
n committed openly and in the streets Q
n great city, as it is because there shoul'
,s be any element of novelty in the speed