The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1882-02-04
Asour eu1rEAu,s aopY.

A rumor has been put a1oat In
Washington in connection with Gener-
al Buffers visit there. Butler several
years ago defended a district policeman
named O'Brien, who was charged with
murder; a conviction resulted and
O'Brieu was sentenced TO be hanged.
Pending the argument for u new trial,
Butler discovered that AN old Maryland
law which had descended from the Eu-
glish law, and which was still in force
in the District Contained al uurepealed
provision that any person convicted Of
murder should be hanged in chains.
When a new trial was refused, Butter
said he should then nsist thai O'Brien
be executed strictly In accordance with
law, which did not sanction the custom
of hanging by rope. O'Brien's sentence
was committed by Grant to imprison-
ment for life, 30 that Butler had no DC.
casion to follow up his point.
1t is reported that Butler intended
while in Washington TO suggest to
Scuyille TO demand the enforcement OF
the law In G~uiteau's case. Scoville says
that the advice has not yet been tender
ed, and that he does 10 consider it time
to give his attention to such matter.
The legal opinion seems to be that the
point could be strongly urged were it
material how Guiteau was to he hang
ed.
Such is the report from the associated
press under date of February Sd.
We doubt IL Gen. Butler insisted that
the above features are the lau of Mary
land,-grantiDg that they have not
been repealed. Upon reference to
the common law we find that formerly
in England, ''for atrocious crimes 1t
WAS tsuul for the court to direct that
the murderer be hangei upon a gibbet
in chains near the place where the crime
was committed. Also at a later period
that the body be dissected, and that the
execution take place on the next day
but one after the sentence was passed"
These rules fell into desuetude, how
ever, and were finally wiped out by the
| statute 6 and 7 William ~. C. 30. They
have never been followed in the United
States, and, there being a discretion In
the court at any rate, IL is not all prob.
able that 1t will aver he followed even
where the old common law prevails.
Regarding the disposition Of the
bodies of executed murderers, n subject
which is now OF great interest, we lind
that courts have long reserved the pow
er Of disposing of them in the sentence.
Al one time the bodies were given to
professors of anatomy for dissection; in
some instances 1t was ordered hat the
mapgled bodies be exhibited in public
rs u mark Of additional ignorny. Such
was the fact In the case of the Earl Fer
rars, who was executed in 1860. The
body was conveyed from Tyburn the
place in London where executions usual
ly took place. to surgeons hall, In his
lordsbips' landau and six, was, after
being disemboweled and laid open In
the neck and breast, exposed to public
view in Il large room of the building.
In 1882, the abuses of this horrible
practice eliminated In its abolition, and
after that the bodies Of executed muir
derers we're either given to their friends
or buried in the prison yard. The Gus
tom in the United States, during the
present century, has been to deliver the
bodies to friends, and, where not claim
ed, 10 inter them In a regular cemetery.
1t is safe TO say that Judge Cox will
not interfere in the matter of the dis
position of G~uiteau's body, and, should
the convict decide TO sell 1t to a show
man or a surgeon, Judge Cox will
scarcely interfere.