Bozeman avant courier. [volume] (Bozeman, Mont.) 1872-1882, 1879-04-24
E.EGALYZED MURDER.

There r. nothiag remarkable or at :
: unusual in the proceedings and legal, r
suit as announced in the above brief tel
!. gram. Such things are almost Of dali
: occurrence. and the American people ha,
become so much accustomed 10 simil;
proceedings that many take them rs
( matter of course. CHANGING over shol
paragraph containing The Ominous al
nouncenent Of "a iegalized public butchetl
perhaps each week. with scarcely a passin
thought. Ict how shocking to tie sens
tive mind. ana how revolving to the fine
feelings OF the human heart. and how di:
graceful to. ah,iat variance with. the HI
name impulses of Il high civilization. mus
such cruel and barbaro,ts public -xhib
tons bc.
y Under the sudden impulses Of outrag
cous provocationS, when men are wrou@il
up 10 frenzy of Indignation and revenge
it appears shocking and cruel and barba
rous enough to take life. but sncsl deed
pale into utter inSirni.icancc or become
comparative virtues when contrastcd witt
the proceedings which generally charac
terize criminal prosecutions. but especially
the results wh,c! almost invariably follow
convictions for. what the law dcnomi.
mates. ''capital crimes
That the moral sentiment of many we'll
regulated communities are far in advance
Of legal proceedings" and statutory ell
actmeGiS. we need but refer to the fact that
in many of the States of the Union. with
in the past few Years. the people have lie
naaded the abandonment OF public exc
cu.iOnS. with an earnestnesS and emphasis
that legislatures and courts did not deem
prudent 10 disregard. Advanced public
sentiment has gone even farther than this,
and demanded the repeal of penal statutes
which lcwalze murder by imposing the
death penalty upon culorits convicted OF
lnurler. And 80 far as this advanced and
humane sentiment has influenced legisa-
ton. we believe the results have shown
gradual dinlinution of capital crime. Willie
HE change n ne law has readerel con-
,ction ana p, .iiShment more certain.
80 revolving TO the feelings. and so OBJ
i'NiotN w thtiN VA
renee, is a leg al execution that it is very
liiiirult 10 find Il jury. composed of nlen
possessing in a lolerable degree Il sei.se of
'ropiiC!y and ordinary human sympathy. /,
lat will render q verdict Of guilty where
he penalty is death: SO that the law often /
cts very unjusty and di,crip:i.,atcly in /
he same State. depending very largely Tor .
s enforcement or acknowledgements on the .
enper. intelligence or prcj,;dlces Of the
zen composing the juries before whom
linaiaal cases happen TO be tried. As a
ii lot untlpGn"ntly transpircs
nat. in the trias of. say. three criminals
Or the crime OF murder. committed. per-
APPS. under very similar circumstance
nd. so tar as the evidence shows. of eq,rl
cgrec Of guilt. one is convicted and SEN
need to the death penalty. another to
.rn of years. or for life. in the pcniien-
AIRY. and a third is pronounced "HOt
uilty." and turned loose upon society
thout having to suffer any penalty what
'cr.
There can be but two plain and distinct
involved. or in any way ap-
to the punishment of criIl-
ais: one is the safety or protection of ,
ciety. the other the reformation and iu- ,
re wall-bcEg of the criminal. As ~ the
st. if the Interests OF society can he rs
fectually protected by other and more Z
in,ane methods. than by hanging. then
c death pela!ty is not only unnecessary,
1t ii is a barbarous and criminal act on
e part of The State that inflicts the pun 1
hEient. If. on the oti~r hand. it is t
lined that the death penalty is the only q
cans by which society can be suitably /
(Which is by nO means appar- il
II, even then it is doubtful whether So n
Ely would eventually he the gamer. since |
oh apparent good is Liable to he counter
larced by the demora]izin@ tendencies
q vicious consequences Of Il public exc 9
ton. As to the second consideration c
Eolved in the idea of Punishment for v
ime-the reformation and future well fl
ing Of tine criminal-capi punishment, +
course. admits of no argument. tor it Ii
iinly and cffectually defeats one of the "
lin purposes involved, by REM ering OPP 5
for Improvement impossible.
Public executions can hardly be viewed =
any other light than ''legalized muir
rs" aud lake place only in pursuance of
e provisions of an ancient law and usage
iich sprang into existence in the twi-
Int or infancy of mans intellectual devel-
ment. The law cnacting ian eye for @
eye. q tooth for a tooth and blood for n
,od'' has been airogated. ut least in y
cory. for nearly two thousand years. s.
d yet the most enlightened and Chris n
IA nations in tile wicstd appear to be the D
)st ardent adhesentE Of fii.s cid Lass of n
Justice Ia pUrsHassce of ssaeis I,
lcathenish custom. 4 poor, unfortunate 8
male. whose misfortune in becoming a G
,ther, perhaps. drove her TO the verge Of If
sanity and prompted her to destroy her s:
n offspring ftor what mother at all II
npos meatis would ever dream of COM ii
ting such a rash and unnatural act y &
lst dangle in mid-;iir at the end OF a rope Ia
the 20th of June next until she shall be O.
'r ounced dead. dead. DEAD and may @,
a have mercy on our {heathes,isbs F
lis. :,
n new and sparsely settled cemm1nfty.
ere society is in its infancy. law iaeIeT-
re. legal processes tncerain. and ie-is-
) scarce and isse 3ure: and under such
the country is invaded by +
IDS of "road agents or infes ed by
sc thieves or other lawless hortles then 80
occasional might Matinee for their -:
ecial benefit, would. perhaps. be neces- =.
y and proper-a military necessity. as -
were--tut TO publicly murder poor. ~
ortunate colored woman in broad day oo
II in one of the populous centres Of
liZation. refinement and Christianity. is ~
iply 10 outrage every sense OF propri- ~
3. every humane sentiment OF tie head ~
heart, and every accepted theory OF
anced thought and progressive intelli- io
ce that $" impressively stamps the age u
, Lich we live. So
TKE CHINESE. ev
ffOE Of the BOARD Of Trade Of Port. tel
land, Oregon. nj,