New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1891-10-28
DEATH PENALTY DISCUSSED.
Opinions Of Well-known Judges, Lawyers
z@s and Legislators.
Warden Gavin Opposed to Imprisonment
for Life.
Robertson's Urgent Plea for Change of
the Law.

C. D. O'Brien, St. Paul I alvav,
have been and still am in favor of capi
tai punishment for the crime of murder
in the first degree. There is, to my
mind, no other means by which ade.
quate restraint or punishment can be
given for that class of criminals who
commit the crime of murder in the first
degree by lying in wait, poisoning OF
other means which show the deliberate
preconceived intention to deprive their
victim of his or her life. Persons who
are so constituted as to be able to make
up their mind to the deliberate taking
of human life have forfeited their right
to live in the community and are of no
further service. They are human tig-
ers, and, while perhaps the fear of death
| does not operate as restraint upon
| such an individual at all times, there
certainly is no other restraint to be
placed upon them, and their execution
deprives them of further opportunities
of mischief. Under the statutory de-
inition of the degrees of murder there
is little, if any danger that any person
will ever be subjected to the full penalty
of the law unless the circumstances of
otfense are such as to make it entirely
proper. In my judgment the law as it
stands should not be changed.
Attorney General Moses E. Clapp:
Your favor of the 10Th inst. at hand.
You ask for an expression of my views
in regard to the death penalty. For
years I have believed that the infiction
of the death penalty has demoralizing
effect upon the public. While of course
It puts the party executed beyond the
power to commit crime, yet 1 do not
think it acts upon others as a repressive
measure, but on the other hand degrades
and demoralizes thought and sentiment
in directly developing a criminal in
stinct, and in the end does society more
harm than good. believe the history
of crime in this state will bear out this
position. 1t is doubtful if there is a
state in the union where convictions are
more generally secured, and. while some
cases have been committed to life i'm
prisonment, there have been executions
enough to demonstrate that the law is
reasonably certain in its administration.
Yet murders are far too frequent, even
taking into account all the conditions
which surround US. In some cases
murders have been committed before
an execution has ceased to be town talk.
The fact is murder is not committed in
contemplation of the punishment. It IS
needless to add that I have been op-
posed to the death penalty.
Albert Garvin, warden of the state 8
prison: Your favor of the 10Th is at
hand and noted, and would state brief
ly that I am in favor of capital punish
ment, and strongly opposed to life i'm
prisonment. While life men are usually
we'll behaved convicts, after long years
in prison, the hope of commuration or
pardon dies out and they gradually be-
come mentally deranged. Capital pun
ishment or give the the prisoner a
chance to live out his time.
Hon. Frank E. Searle, of St. Cloud,
prominent member of last legislature
am opposed under all circumstances
to capital punishment, I believe that
imprisonment for life better answers
the requirements of justice. In some OF
the states, notably in Michigan, where
capital punishment was long ago abol-
ished,i is stated on good authority that
there appears to be, if anything, a de-
crease of crime, certainly they maintain
not an increase. The true object OF
punishment l believe is not can eve for
an eye' but for the protection ot
society, and think that society will be
as well protected and the ends Of justice
more humanely served by absolute i'm.
prisonment for life than by capital pun.
ishment. OF course it is contended that
through the pardonn,g power the ends
of justice would often be defeated. In
that case the law should not permit the
pardoning of any one imprisoned fol
life for q capital offence, except upor
new evidence given to the Governor o.
to Boards,of Pardons tending to es-
tablish the innocence Of the party CON
victed.
i am not sufficiently familiar with tht
| Rose case to express an opinion, but 81
/ long as capital punishmentis is featur,
of our law, unless satisfactory evidenc,
was furnished to the Governor tending
| to establish his innocence believe b,
did right in refusing executive clemen
Icy.