Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1883-02-22

life for the committal of crime, but because
thereby the chance of escape viii be exceed
ingly diminished and punishment made more
certain"
WI ere is the instance ? The burden is upon
those asserting this theory. Let them show
the case where Maine jury has violated its
oath by saying the prisoner was
not guilty when proved guilty of
malicious murder beyond q reasonable
doubt. A double oath must be violated, for
the juror must first swear he has no scruples
against the death penalty which would pre-
vent his rendering verdict of guilty if the
evidence and Law required it, and then he
takes the oath to truly try. l reject the doc
trine as an Impeachment of the honor OF
Maine juries. 1t is not the death penalty
that prevents justice-if it is reyented-it
is rather by the prevalence of that
nauseating sympathy, that disgusting
exhibition of sentiment that leads To
the decking with floxers the bloody handed
assassin and the midnight robber as he goes
forth from the court under the sentence of
the law or without it,
Murder has increased under the
system of imprisonment for life. In
1870 when the State was formed, we
had the law of Massachusetts,. sure. absolute.
For II years there were but two murders,
Sager and Elliott, and they were hug.
The Governor representing the Majesty of the
State, with view to the security of the peo-
pie. issued his warrant and they were exc
euted.
In 1887 the laws were so changed that it
did not absolutely command the Governor to
issue his warrant. and 1t was often withheld.
But the terror of the gallows still stood
through example of the two. This awful fate
stood as the guardian of many an innocent
person-the would-be murderer still thought
his fate would be the gallows.
In 1874 Thorn committed murder-was
sentenced, but not hung. 1t therefore grad
ully began to be known that the murderer
would mot surely die" and from that time
until 1875 there was no terror in the gallows
in Maine.
In 1864 Spencer was hung. Why? Be-
cause he murered a warden. Warden murd-
erers would be hung.
In 1870 Harris was hung. He was a negro
Negroes could be hung. This established no
general law. The Governor might still do as
he pleased about executing the murderer.
Murders were multiplying. There was abso-
lutely no terror in the gallows in Maine for
thirty three years prior to 1875. 1t was be-
fore this that Wagner and Gordon committed
their butcheries. Then the law was passed
commanding the governor to issue his war
rant, and they were hung. l believe their
example would have kept the knife from
many a throat since, but in 1876 the
death penalty was abolished. Listen to the
murders since that date. Mr.. Hall then read
a list of twenty EIGHT homicides since 1874,
nineteen of which were in the years 1880,
1881 and 1882. Ooly twice in twenty years
has the whole State of Massachusetts, with
nearly three times as many inhabitants,
equalled this yearly record of blood.
But it is said that Michigan is the State we
should copy. She has had no death penalty
since ls47. I want to compare her record OF
crime with that of Massachusetts. The rec
ords show that there were in Massachusetts
from 1860 to 1879 - twenty years SO
murder convictions. In Michigan. for
the same period, the number was ll5,
more than 80 per cent. more. even if the con-
ditions were equal but Michigan has no
Boston. Lowell, Lawrence, Worcester, with
large foreign populations, and her average
population for the twenty years has been
400, 900 less than Massachusetts. This is
about the average population of Suffolk
county, which therefore ought to be deducted
with its twenty-one murders in the time,
leaving for the rest of the State as large as
Michigan, 6S murders in twenty years, while
in the same time in Michigan there were lis
nearly double. Mr.. Hall here read from
the report of the inspectors of the Michigan
State Prison for 1880, in which they show
that there is no terror or dread, to some
minds. in life sentence, and that punish
ment ought to carry with it more dread in
order to deter men from great crimes.
He cited Wisconsin, the model State.
which has no gallows, to show the increase
of murder and manslaughter cases from 1875
to 1873, (pardons and deaths not included
and how they might affect the result is quite
apparent from the following extract from the
report of the inspectors of the State prison of
Wisconsin for 1875: 1T seems strange that
men should be sentenced for thirteen years
for horse stealing while the average term of
those convicted of manslaughter is four years
and five months-assault with intent to kill,
three years and two months-and the aver
age term of men convicted Of murder is six
years and five months" Her average popu-
lation for 20 years is less than 1000, 900.
The report shows that there were in prison
in 1878 for manslaughter and murder 295.
There is now here in this land record of
blood like this.
Mr.. Hall here read from the warden's re-
port for 1879, where they say all life men,
bers who live so long become insane in 90
wears and yet with such as prison as that for
murderers, Wisconsin with no death penalty
heads the list of monstrous crimes.
Iowa was for several years without the gal
lows, but after the condition of society had be-
come such that manslaughter was punished
by a fine of Sl.0O and % days in the county
Jail, it was restored and with most marked
benefit. Humanity abolished the gallows,
wiser humanity restored it.
Statistics from report of warden for the
year ls77-the year preceding the restoration
of the gallows
Convicted of assault with 1880 1881.
intent to murder, Ii 10
Convicted of assault with
intent to kill,
Convicted of Manslaughter. 5
"a, Murder I'd deg.l Q
=" lst deg, s 2 2
Total against the person, a. 2i 20
DIFF. in favor OF gallows, 81 2.
In lS7--Nurders in Iowa, a. Population l, I94, 900
la ls77- urders in Mass, 4. Population 5000.
With this exhibit. prefer the safety of
the gallows.
But it is said that Russia has no death