Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1883-02-01
THE DEATH PENALTY
4 Hearing Before the judiciary Committee
i'm Representatives. Hall.

ty. The hall with its galleries was well filled
with people interested in the matter, and near
ly every seat was occupied. A large precent-
age of the audience was composed of ladies'.
At 2 20 O'Clock the committee began the
hearing. Judge W. p. Whitehouse in behalf
of those opposed to the restoration of the
penalty. made an inquiry as to what grounds
those desiring the restoration Of the death
penalty ask that it shall be restored.
Rev. \. Butler of Iiall0well. said that he
understood that the question was thrown up.
on the committee by the legislature. He
thought tina; the opposition TO the restoration
should show cause why the question should
not be considered by the committee.
Ex-Gov. A. =. Morrill, then appeared in
opposition to the restoration. When the law
infiicting capital punishment repeal. d
large numbers of petitions came in for its re-
peal Now this question comes up without a
supporter. For many years | have given the
question much thought. | consider it one
of the most unfortunate things this legisla-
ture could do 10 pass a law restoring the
death penalty. Mr.. Morrill, then read an ex-
tract from the Attorney Generals Report of
rs to show that convictions We're more fire.
quent under the present law than when the
penalty was death. The law has not been
tried as long as it should be. find that this
movement to restore the penalty has COM
menced at the State Prison. 1t seems to me
that these gentlemen from the State Prison
are asking for more than is necessary. These
officers of the prison are not Obliged to stay
there. Gov. Plaisted has been trying to
persuade them to leave the prison for up
wsrds Of two years | beg of you not to
grant them any more protection. The Gov
ernor was convinced from the Warden's re-
port that crime in Maine had increased Is
per cent since 1870. Mr.. Morrill, then un-
dertook to prove the falsty of the warden's
report and called it a laundering and untrue
report He contended that in proportion TO the
population the number of prisoners in the
State Prison under life sentence Is not great
er than it 10 years ago. For Heavens
sake don't start the gallows in this State.
There has not been one man killed at the
State Prison since the adjustment of the
death penalty before that one man was killed
there, believe. Why restore the penalty!
1t wont give protection TO the officers at the
prison to set up the gailows.
Rev Dr. Butler of Iiallowell then pro-
ceeded to address the committee in favor of
restoring the death penalty. 1t is not because
any one has any love for the gallows that |
am here. 1t is question of law anil order,
for the preservation OF your home and my
home. If it is right to hang man for a
certain crime then the gallows stand. The
call for the restoration of the death penalty
comes from the inspectors of the State
Prison Mr. Butler read an extract from
Attorney General Cleaves' Report showing
that the convictions for murder within year
past have been greater than for three years
Immediately prior To the abolishing of the
penalty. desire to put the question on a
foundation of right and law. The penalty
against crime Is to prevent the commission
of crime. Law is not made to reform men.
| hold there is a position i'll which men get
when only the fear of death will move them.
| hold that there are times when 1t right to
take life for the safety of the community.
Rev Mr. Butler was followed by Judge W.
I. WhitehOuse, who spoke IN opposition to
the restoration. We pass to the expectancy
of restoring the penalty for thej protect
ion of Society. We will discuss this ques
ton solely as to its expediency for protecting
Society | recoll, ct that the great number of
executions during the dark ages was for the
fancied security OF Society. The arguments
then for the death penalty were the same as
now. Why restore the penalty If there Is no
increase of crime with no death penalty. If
the facts show, which claim they do, that
there is no increase of crime without the
death penalty, will gentlemen continus
to advocate it, and if SO for what
purpose. In Michigan and Wisconsin where
there is no capital punishment, each with
about the same number of inhabitants as
Massachusetts, the number of murders has
been onlv about one-haf as large Us in the
latter State The Judge then gave large
quantity of statistics i'll agreement with and
supporting his side of the question. lie
stated that while for the seven years follow
ing the abolition of the death penalty there
had been % persons killed in the State, prior
to the abolition over IS had been slain. The
Ju iye's argument was very able and was lis
tened to with wrapt attention by all.
Judge c. W. Goddard Of Portland, then
appeared and expressed his views in relation
to the question he being in favor of the res
toration of the penalty. The death penalty Is
to be restored To reach a class of men who
disregard all human rights. From ls2S to
81 we had an efficient death penalty law, but
afterwards with the exception of the year
1875 the law was so inefficient as to be we'll
night worthless. From 1920 to 81 with an
average population of 100000 but two
murders were committed. This Is the rate
at which human life was protected, hoid
that the death penalty is the most economical
punishment for the murderer. The speaker
here presented a large array of statistics 70
support his argument. lie stated that sohe
thing like a wear and a half ago Gulteau was
convicted and sentenced to he hung TOR the
murder of President Garfield. lie would
have been lynched had it not been Tor the
death penalty. | saw never petition ior
his pardon from any direction Now want
To know why those gentlemen who oppose
the death penalty did not send IN petitions
for Gui,eaus ardon. What general interest
have YOU and in relation to the death pen
atty. 1t is a principal of justice would
like TO know what Jesus Christ ever SAID IN
discrimination between Imprisonment for
life and the death penalty. II was "a dlVihe
should not be afraid to meet any one on
this question from the standpoint OF the Cos
pei. Certainly life sentences were not meant
+, be ref ,rmatory. | am amazed that
;ud,e of the Superior Court should be salts
Add with a reasonable protection OF society
For laws have been enacted against rum sell
inc within 20 wears. These laws have cur
JAILED the amount of liquor sold. Make
stranger laws against murder and there VIII
hn los. number of murders committed.
J. w. Porter. inspector OF prisons, was
the next speaker. He advocated restora-
ton of the penalty. | insist upon IT, geht,e'
mon that there is something wrong IN Inc
criminal law of this State. There Is no la"
,o punish murder under life sentence IL