Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1883-11-27
Murder and Hanging.

Murder and Hanging.
In bis animal report Of Decemoer 1881.
the Attorney General of the State called
special attention to the number Of convie-
lions for murder that gear, and made a
brief comparison showing that in 1881,
with no death penalty for murder, the
number of convictions tor that crime had
very largely increased; and calling the
attention of the legislature TO considera-
ton Of the restoration of the death penalty
for the protection of law-abiding and
peaceable citizens.
In 1888 the legislature restored the
death penalty. the main argument for its
restoration being that the terror OF hang
ing would exercise a wholesome effect
upon the community and render murders
less frequent in the State. The law passed
by the legislature to this effect was ap-
proved March 18th, and since that time
execution by the gallows has been the
penalty for murder. Has the law had the
effect which its advocates Honestly no
doubt) believed it would'
It is but truth to say that there IS no
other period Of equal length, since the
State was formed, 80 stained with
murder and murderous assaults as the
period which has elapsed since the law
for hanging was enacted. If the capital
punishment law were to be judged by the
bloodsheJ which has occurred since it
went into effect. it would have to be pro-
pounced a CHASTITY and terrible failure
But advocates of the law say it has not
been enforced, therefore it has failed to
have the deterring effect upon the commits
sion of crime which was expected. This
brings to recollection the fact that the OPP
ponents of the passage Of the faw urged
against it while it was under discussion
in the legislature. that it could not
and would not be enforced az thorough
" as the imprisonment law; that
more murderers would escape JUS
tice while it was in force than before,
owing to conscientious scruples OF jurors
and the unwillingness Of those who con-
sent TO serve as jurors to convict except
upon the most absolute and indisputable
evidence also because Of that sympathic
feeling IN the human breast which pleads
in behalf of even the most wretched
criminals standing under the impending
gallows, and urges every argument pos
sible to excuse and palliate the crime.
The severity OF the law defeats itself. A
mild law well enforced is better safe
guard for society than law so stringent
that il cannot be enforced.
1t may be urged however that The time
of trial of the law has been too brief for
. fair test of its efficiency Nobody has yet
been hung. Its terrors- have not been so
apparent as they will be when the gallows
has begun TO do its work. Perhaps this
may be correct; but it would seem that
after the heated discussion of last winter
in the Legislature, and throughout the State,
in the pulpit, the press and every village
debati ng society. the law as it stands. with
all its penalties unfoded, must be as well
understood by every person in the State
rs it will be after one. two. or score
have been hung. The man who com
mitted the recent terrible murder in
Kittery knew as well before he committed
the deed as he does to-day that the penalty
of his crime is death. But this did not
stay his murderous hand. lie deliberated
upon. planned, and executed the work in
cool blood. He expected to conceal his
guilt, and thus cheat the gallows. Every
man who plans a murder believes that
none but the all-seeing eye can perpetra,e
whether it be death or Imprisonment, so
long as the crime be not tracked to his door?
The man who commits murder in the
frenzy of passion never thinks Of the
penalty until it is too late. The law is
no more terror to him than to the cslcu-
lating murderer Thus it is that though
penalty is piled upon penalty. and
capital punishment claims its victims as in
former days when men were hung for
stealing. murders cease not. and are often
committed within ear-shot of the place
where some guilty wretch has just been
strangled to death for like crime. 1t is
remarkable that the reestablishment OF
hanging in Maine has been
followed by such horrible murders
and attempts to murder as are
seen. The last six months his
tory Of crime far exceeds what had before
been witnessed in the State in any similar
length Of time. We do not say The law
has caused this tidal wave of blood neither
can ii be said in the face of such facts as
confront US in the roll of murders
since March last. that it has exercised any
effect TO check homicides in our CON-
munity.
One Of the important problems soon to
be solved is the question of the banking
system. BY the rapid payment of the