The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-05-07
The Death Penalty.

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Judge BARRETT is opposed to the abolition
OF capital punishment, but he tells thu
Herald that "out OF panel OF one hundred
jnrors there will be perhaps one-hfth o.
them who have conscientious scruples
against the inliction OF the death penalty
and they are apt to be people, too OF high
intelligence and the finest feeling"
Judge IRVING G. VANN OF Syracuse. who
has been designated by tho Governor to act
as Associate Judge OF the Court OF Appeals,
expresses his willingness to see the expert
ment made because 1t would remove the
element OF sentimentalism from murder
trials, and we should get the sober Judgment
of the jury" who would not be so apt to
be ruled by sympathy"
Practically, the jury accepted In MUIR
der trial are likely to be as unfit to try
the case as the one-tlfth OF the panel who are
debarred by their scruples from sitting on
such a jury. They hate to take the respon-
sibity OF sendinga man to the gallows; and
hence the number Of executions in this
State last year was only eight. During the
same year 1857 cases OF murder and homi-
eide were reported as occurring in the Union,
and yet there were only SO hangings.
Can punishment SD rarely and so I'M
equally inflicted be called terror to evil
doors? Are not criminals encouraged to
the crime when they know how loath jurles
are to convict OF MURDER and that that
highest of offences Is most apt to escape
adequate punishment, and even to go I'M
punished altogether? Do they not see MUIR
derers on the streets again after u few years
In prison. or after trials in which they have
escaped conviction altogether because OF the
sentimentalisrn OF juries A list of such
murderers now in this town would be long.
What sort OF lesson does their immunity
and their prosperity teach, and Is it any
wonder that some Of the loudest clamor
against Gen. CURTIS and his measure comes
from inside their bloody ranks ?
The strongest argument in favor OF the
abolition OF capital punishment is, therefore
that 1t utterly fails to accomplish It's intend
ed purpose. 1t does not Brighten from muir
der. as the facts prove; and the uncertainty
OF its infiictlon tends to public demoraliza-
ton. The law does not inspire terror. 1t |
rather gives hope.
Another evil Of tho death penalty Is that |
its intllction. rare as it lie, foments the savage
instincts OF the community. Tho people get |
the smell Of blood, and 1t excites in them
their worst passions. They forget the hor-
ror Of the crime in their savage curiosity as
to the killing OF the captive criminal. A
hanging becomes one Of the greatest ssnsa-
tons OF the year.
1t must be so. The deliberate killing OF
a man by process OF law is a terrible
event. and the interests OF Justice require
that the deed shall be done 80 that the
whole public may be critics OF its perform
ance. The new law for execution by cleo
triclty tries to evade that necessity but
here Is no escape from 1t. II there Is judi
'ial killing, 1t can never be In secret as we
saw the other day when the public expected
he execution OF KENMLER. 1t ought not to
Do in secret Like the conviction to death,
t must be in public; and any attempt at
secrecy only multiplies and aggravates the
general curiosity and keeps 1t longer alive
o exercise Its morbid influence.
But. leaving out all other considerations,
he uncertainty OF the infiictIon OF capital
proving the underlying senti-
nent OF society against 1t. Is argument l
nough for its abolition. What would I'm
risonment for larceny be worth. II the
hances were that juries would dread TO be
for its administration. no matter '
ow well-proved the guilt as they dread TO
end man to the RallOws2
1t is inevitable. therefore. that tho most I
ivilized opinion of the day should be opposed Il
D capital punishment not from mere senti- {
lentalism, but because OF experience OF It's
utility as a punitive measure. The gal
'ws still remain In this country, but only
,r very small part Of those for whom they n
re intended by the law. Practically the y
cath penalty Is gradually abolishing itself; '
nd II the Senate at Albany passes Gen. Il
URTIs's bill It will merely mako the AbOl. 4
on formal and complete. =