Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1883-03-08
NAME LEGISLATURE.
SENATE.
Continued from first page. }

tContlnued rom hrst page.
On motion of Mr.. Kimball of Sayadaho<
the Senate concurred with the House il
amending Senate document No. 80, bill an
act for the protection of moose. caribou and
deer Changing September" to October
and the bill as amended was passed 20 be
engrossed.
Senate document No. 20, bill an act to re.
store the death penalty for murder in the first
degree, came up by assignment at y O'Clock
Mr. Stnbbs of Franklin moved to add to
SEE. as follows: If the jury. with their ver-
diet Of guilty of murder of the first degree
| make recommendation to mercy or the re-
| spondent is found guilty of murder of the
| first degree BY confession and the court de-
termines that mercy should be exercised
then, in such case, the sentence shall be i'm
prisonment at hard labor for lite.
Mr.. Stubs spoke as follows
In presenting this amendment l wish to
assure the Senate propose t. spend no time
with statistics or sentiment for they are de-
lusive, nor with sympathy for either the slay-
er or the slain, for they should both have it,
As Legislators or administrators of the law
there are times when men must feel the
weight of great responsibility. and l can
with difficulty conceive of one greater than
the one now upon US. In this difficult
task of so framing the law that it can be just
ly applied to all the varying incidents of
homicide.-a golden mean-never too lax or
too rigid, l can think of no better guide, and
there should be no other, than to inquire
what is best for all the people of our good
commonwealth. There are times like
1861 when everything is in jeopardy.
that war is inevitable because it is
the deep conviction and controlling and
universal sentiment of the people. So when
all humanity is Mortified and shudders at the
atrocity of murder, the people instinctively
turn for self preservation to the law, and
if there IS no adequate law they make law of
| necessity, and lynchings and other lawless
violence are almost sure to occur. Under
the proposed law and suggested amendment.
the jury are of course first to find whether
the respondent is guilty of murder in the first
degree having found this if the rule that for
every murder in the first degree, the murd-
erer shall be punished with death, is too
rigid, are you willing that the jury should
give it fiexibity as they may be prompted by
their own consciences and the deep and wide
spread convictions of the people? Isolated
from the people and incining naturally to
mercy unless they felt that they were re-
flecting the sentiments of their fellowmen and
carrying out their own convictions in refusing
to stand between the respondent and the ex-
treme penalty of the law, they would de-
termine to err if a. all, in his favor. With but
little reflection and perhaps crude ideas
upon a subject of this magnitude, l am now
inclined to believe that in this element OF
flexibility would soon be found the strength
and wisdom of the law. | understand that
the jury and court are now clothed with SINH
lar discretion in Indiana, Illinois, Iowa,
Minnesota and Kentucky. When the con-
viction is upon confession the great response
bility of exercising or refusing mercy under
the provision suggested, is upon the court
But it is the same great, official responsible
ty that was upon the court when murder of
the first degree was punished with DEATH and
upon confession it became the duty of the
court to determine the degree. 1t is a trust
and authority which there can be no motive
to abuse.-always exercised wisely in the in
terest of the State. So. too, the respondent
here has his choice of tribunale to which he
may turn for mercy; and if he chooses the
latter through confession, no one will know
better than he that the fact of confession as a
proof of repentance, and the relief of the pub
lie from the burden of trial, may be stuff
cent in some cases to turn the scale in his
favor in mitigating punishment.
Mr.. Young of Cumberland moved to refer
the matter to the next legislature, and spoke
in support of his motion. Remarks here
after.
Mr.. Wentworth of Penobscot spoke in sup
after.
On motion of Mr.. Young of Cumberland,
Adjourned.