The Portland daily press., 1874-09-19
Proposed Execution of Wagner.
To the Editor of the Press.

~ 0to EuttUf " Ue fTeSS.
The Governor ought surely to postpone the
date of Wagners execution till after the as
sembling of the legislature. The people, act
ing through their representatives in the legis-
lature OF the present year, Enthusiastically de-
cided against the gallows After listening pa
tently to the passionate arguments of the ad-
vocates of capital punishment, who had been
for several months in training for their cru
SADIE, the Judiciary Committee reported against
the bill for re-establishing the gallows and was
sustained by majority of both Houses. In
deed it was evident that the legislature would
have taken away the existing option of the
executive to hang or commute had it not been
for the uneasiness excited in some minds by
Mr. Talbot's adroit argument that the lives of
prison officers would be in danger from the
recklessness of men who might be serving a
life sentence and accordingly would have noth-
ing worse to fear. So the law was left un-
changed, it being generally understood and IN
tended that the course pursued since February
1863 by Governors Chamberlain and Perham
should be followed, while the shadow of the
gallows was left to fall IN terrorem on such
bloodthirsty prisoners as might have mind to
uCSttoy tuCL hOCpclSs IL was uCFCI ulCdulCu,
even by those who advocated definite re-
establishment of the death penalty, that an ex-
ecution would be ordered after such deliber-
ate expression of opinion by the legislature.
The law, though nominally permitting the
erection Of the gallows, decisvely forbids it,
except in the extreme cases suggested by Mr..
Talbot, when interpreted by the intention of
the legislature which enacted it, and by that of
subsequent legislatures which have reviewed it.
1t was confidently predicted after the failure
Of Messrs Goddard and Talbot to have hang
ing made imperative that a carnival of blood
shed would ensue. But curiously enough the
current year has been so far the most bioodless
period of our later history. We do not remem-
Der a single case of deliberate wilful murder
within the limits of the state since the year
began. This unusual exemption from homi-
eide and indeed from all the higher crimes
makes it still more surprising that the Council
should consent to an execution.
If Wagner is hung Maine is likely to have
its fill of 'moral spectacles," for the execu-
tion of Gordon, Reed and Lowell must soon
follow All appear to be murderers of a wlful
and malignant character and it is not likely
thae eHS OOuuCii Will W
in favor of either of them. We are sure that
Gov. Dngley will not wish to put such an
affront upon the people of Maine, who have
SO often and in SO many ways expressed their
disapprobation of the death penalty.
A circumstance has just occurred in Massa-
chusetts which is not SO infrequent but that
its significance should be we'll pondered by
those who think that there is either justice
or safety in capital punishment. The real
robber of the Boylston Bank having been
arrested, he confesses that Glover who is
serving out twelve years sentence is entirely
innocent of any connection with the crime! !!
That such mistakes have sometimes occurred
even in capital cases is fact well known to all
students of criminal law. There is possibility
that in Wagners case there may have been an
error, and though the probability of his guilt is
amply sufficient to warrant his detention or any
remedial penalty that is not utterly beyond the
power of human reparaton in case he should
prove to be an innocent man, it is not sufficient
to justify the Governor and Council in giving
him over to the hangman
Wait till the legislature assemblies and then
see it there does not appear to be reaction
against hanging sufficiently strong to secure
the abolition of the penalty in such way as to
leave no room for doubt as to the will of the
people. TRISTAN.