Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1883-02-05
The Death Penalty.

The following are some of the facts pre-
scented to the committee by Judge White
house on Wednesday last
After showing that history and philosophy
are all against the necessity and efficiency of
the death penalty as measure for the pro-
lection of society, he said the movement on
the part of few gentlemen to restore it in
this State appeared to have resulted from a
misapprehension of the facts of the last 10
years in this State, and from neglect to com
pare our own experience with that of other
New England States where the death penalty
has been vigorously enforced. The simple
truth is, there has been no increase of felo-
NOUS homicides in this State since the aboi-
ton of the death penalty in 1876, seven years
ago. The simple truth is, that more human
beings were killed by the hand of the persons
indicted, in this State per year, in the eight
years Immediately before the death penalty
was abolished, commencing in 1867, than in
the seven years since the abolition OF the
death penalty. In one year, the year 1867,
after the people had been recently reminded
by the execution of Spencer for killing the war
den of the State Prison, that the death penalty
still existed in this State, there were six cap
ital trials, including that of Clifton Harris,
who was executed. In the entire eight wears
before the abolition there were thlrty-three
trials on indictments in which the government
charged capital offenses, twenty convictions
for felonious homicides, and FIVE who were
indicted for murder acquitted altogether.
Twenty eight human beings were killed by
the persons indicted during these eight years.
The balance of the thrtythree trials were
cases of arson.
In the seven years since the abolition there
have been twenty-four trials for offences
al
felonious homicide, and twenty-th human
beings killed by the persons indicted The
balance Of the trials were for arson. 1t
appears, too, that some of the most
atrocious murders were committed while the
death penalty was in force, For instance,
Harris. Lowell, Wagner and Gordon. But
not single acquittal has occurred since the
death penalty was abolished. And this in
structive fact illustrates the strongest prac-
teal argument against the penalty. When
the death penalty is to be enforced, Jurors
are appalled, at the consequences of a verdict
of murder in the first degree. and when no
other verdict can be consistently rendered,
as in most cases OF circumstancial evidence,
they will either disagree or acquit altogether
in majority of cases. 1t is true that there
were not as many convictions per year of
murder in the first degree before as since the
abolition of the death penalty and this is
another instructive fact of the same character
as the acquittals. 1t is not sound but super
fetal reasoning to test a great question like
this by an experience of only seven years
AT certain periods crime sweeps over the
States under the operations of causes as
mysterious as those which precede epidemics
But as the social and moral con-
dition of our people has not ma
terialIy changed during the last fifteen
years we are willing to submit to the test and
no candid man will examine these fact. and
say that they are not emphatically and unmis-
takenly in favor of the present law. If then the
death penalty has done no good in Maine. if
society has been as well protected since as
before its abolition. upon what ground viii,