The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-05-14
A Horrible Feature OF tho New Death
Penalty,

Penalty.
The electrical execution law now In foro
in this State provides that tho death war
rant must command the Warden Of the Stat
prison to do execution OF the sentence dur
ing the week appointed therein. Tho tim
OF the execution within the said week shall
be left to the discretion Of the agent anc
Warden to whom tho warrant Is directed
but no previous announcement Of the day Of
hour OF the execution shall be made except
to the persons who shall be invited or per
mitted to be present at said execution
The principal argument In favor Of the
| enactment OF tho law in which this pro-
| vision occurs was that the new method Of
punishment for which 1t provided was less
| cruel and more humane than the system
heretofore practised. The supporters Of the
existing New York statute for electrical
execution Justify its enactment as humani-
| tartan measure.
| Irrespective Of any question as to the par
| ticular method by which death is to be In
hicted, it has always seemed to US most
cruel and inhuman device to leave the CON-
vict uncertain as to the day when he Is to
die He knows that he is to be executed at
some time within a specified week. After
that week begins, any knock at his door may
be summons to the executioner's chair. or
merely an announcement that some meal Is
In readiness. He may be forced to pass six
days ina state Of dreadful suspense and an
ticipation as cruel as 1t Is needless.
Perhaps some Of the humanitarians who
regard hanging as unduly harsh. but deem
this sort Of uncertainty as to the day OF
death to be kind. would like to know what
the Supreme Court OF the United States
thinks on the subject. On the 3D. Of March
last that tribunal decided q very interesting
murder case arising In Colorado. A prisoner
named JAMES G. MEDLEY applied for writ
of hdbeds corpus, on the ground that the
statute under which he was sentenced to
death was an &c post facto law within the
meaning Of that term as used In the Fed
eral Constitution, inasmuch as 1t was
passed after the commission OF tho offence
Of which he was convicted, and provided
for a greater punishment than that
which could be inflicted at the time
the crime was committed. At the
time of the killing. the punishment for MUIR
der was death. Subsequently, and before
the trial, the law was changed so as to pro-
ment by solitary confinement until the exc
oution. and furthermore 80 as to empower
the Warden Of the penitentiary to fix the day
OF execution, and compel him to withhold
from the convict any knowledge OF the time
when he was to be put to death. The only
difference between this portion Of
the Colorado law and the like provisions in
the New York law is that In Colorado the
period OF suspense may be four weeks while
here IL can be only one week.
The Supreme Court held that the provision
for solitary confinement, and tho require
ment that the prisoner should be kept In
ignorance Of the time when he was to die,
constituted additional punishments OF an
important and painful character, and that
the law providing for their infection was &c
post Jdcto and unconstitutional.
In reference to the prohibition against
divulging the time fixed for the execution,
Mr.. Justice MILLER, In delivering tho opln-
ion Of the court, says:
Nor withhold our conviction Of the PROPOSE
ton that when prisoner, sentenced by court to
death s confined In the penIteniiary awaiting the
cuton OF the sentence Of tho most horrible feelings
which he can be subjected during that time Ia the
certainty during tho whole of It. which exist to
tho precise time when his execution shall take place
Notwithstanding tho argument that under all former
systems Of administering capital punishment tho ooer
appointed to 1t had right to select tho time Of
the day when 1t should DO DONE this of liking
any day and hour during . period OF week for the
execution B new and important power conferred on
that officer and departure from tho law a. Il existed
the time tho offence committed and Its secrecy
must be accompanied by an immense mental anxiety
amounting to great increase of the offenders punish
ment"
In seeking to be kind to criminals, tho self
styled humane reformers who advocated tho
enactment Of the New York electrical execu-
ton law have prescribed for murderers an
additional punishment which is deemed hor-
rible by the highest court In the land.