Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1874-12-19
sIyRPHY'S RTPRIEYE.

ton of Murphy had caused many a
restless night among our people: and
when the day was fully dawned. there
were many signs of an unwouted excite
nent upon the street. One was struck
with the unusual prevalence of hard,
semi-brutish faces on the streets and
about the corners and in the saloons. A
road-cloth-dressed mob seemed to have
possessed them selves of the town. We
are glad that this gathering were baulk-
ell of their feast of horrors. As our
readers are informed by IL detailed state
m mt of yesterdays occurrences, Hur-
ply WIS repTieyed after he had been
taken to the place Of execution. The
tidinss of the postpouement of his
doom were received by him with sur
prise which was mental shock Of. such
severity rs to leave the poor man dunn
founded The Constitution confers
upon the Governor the power to grant
reprieyes of this nature. Under the terms
OF Section ID of Article V of the Consti
tuition We have it that The Governor
shall have the power to grant
reprieves for period not exceeding six
ty DAYS dating from the tine of convic-
ton - This is the Governors
constitutional power in the premises.
Further proceedings, as provided for
gases ike this which we are considering,
are more fully set forth in An Act |
to regulate proceedings IN criminal cases
in the Courts of Justice in the Territory
of Nevada" We quote as follows from
the body OF the Aci:
Sec i57. No Judge, Court or officer !
other than the Governor, can suspend
ehe execution of judgment of death. |
except the Sheriff, as provided in the
seven succeeding sections, unless an ap-
peal be taken
''Sec AS. If after Judgment of death
there be good reason to suppose that the |
defendant has become insane, the Sher- |
if of the county, with the concurrence |
of the Judge of the Court by which the
Judgment was rendered. may summon a |
jury of twelve persons to inquire into the
supposed insanity. and shall give imme-
diate notice thereof to the District AttoT- |
uey.
''Sac. 459. The District Attorney shall
attend the iuluisitiou, aud may produce
witnesses before the jury, for which
purpose he may issue process in the
same manner as for witnesses to attend
the Grand July
Sec I61. If /: be found by the in
QUESTION that the defendant is sane, the
Sheriff shall execute the Judgment; but
if it be found that he is insane, the
Sheriff shall suspend the execution of
the judgment until he receive Il warrant
from the Governor, or from the Judge of
the Court by which tine judgment was
rendered, directing the execution of the
judgment.
Sec. 1852 If the inquisition find that
dsfenlan is Insane, the Sheriff shall
Immediately transmit the same to the
Governor, who may, when the defend
mt becomes sane. issue warrant ap-
pointing day for the execution of the
Judgment
Unless in the foregoing. the word
may" is construed to mean shall"
there is great deal OF discretion left to
The &c -ernor. the Judge and the SLer-
ID. The Act seems to be imperfect in
the matter of prescribing the course to |
be pursued if the jury disagree. We in
Ter that i. is the duty of the Sheriff to |
:eep the prisoner in his charge, if he be
pronounced insane, such charge contin-
hing till his sanity shall be evident, when !
he must be hanged.
The Courts have held, We believe, that |
in all cases of the proven insanity of a |
man under sentence of death, the judy
nlent shall be suspended until the sanity
OF the defendant is clearly established.
This applies to such cases of insanity as
have been developed after. as we'll as L e
fore conviction. 1t IS held, doubtless,
that the death penalty may not be pro-
perry executed upon any person whose
Ilind is not in a fit condition to appre-
bend the circumstances by which the
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