The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-09-21

the first degree when the death sentence
IS likely to be passed. Hard labor is a
great aid to discipline and should be
part of convict's daily life, whatever
MS sentence be. The introduction of
hard labor as part of the discipline of
the Utah penitentiary would not be
lmpracticable. 1 am in favor of an
amendment to the code, abolishing
capital punishment.
JUDGE HOwAT,
assistant United States attorney. was
on MS way to court and was fastening
as much as was consistent with Dig
AI.y. can't give my reasons now
said that gentleman. ''but say that
oeIeve in capital punishment
hEV. CLARENCE T. BROWN.
Oh the First Congregational church.
was found at the parsonage and talk
eo with characteristic modesty and
affability. A
= have not studied the subject
closely. said he, but my feelings are
against capital punishment. believe
not glve-life. believe also that an
execution has brutalizing effect upon
the public mind. A jury Is less likely to
ma verdict of murder in the first
degree when it is known that the
death penalty will follow such verdict
would favor life imprisonment as the
punishment for murder in the first de-
gree, with the pardonIng power abso-
iuteiy removed, no man having the
right to go back of the verdict form
ed my convictions in opposition to cap
ital punishment when 1 read certain
poems Of Victor Hugo's descriptive of
the sentiments of man condemned to
death" In answer to a question wheth-
er capital punishment Is sanctioned by
the Scriptures, Mr. Brown replied that
it Is contrary to the spirit Of the New
Testament.
JUDGE o. W. POWERS
had lived in Michigan. where capital
punishment had not been legalized
since the admission of the state. He
does not believe that more murders are
committed there than in states where
the law obtains. Sometimes he ques-
lions whether the community has any
more right to take a mans life than
has an individual. 81 don't believe cap
ital punishment does any good,' said
the famous Tuscarora. when a man
has reached the point of determining
to kill another his own life is not taken
into account" Judge Powers empha-
sized the fact that a. person suspected
OF murder might be convicted solely on
circumstantial evidence. After the
death sentence was executed it might
develop that the dead was innocent of
the crime. Such an instance came to
notice recently in California Similar
cases are too frequent to be ignored.
While a man is still alive justice, even
if tardy, may be done him. While capt.
tai punishment is a law, he favors the
enforcement of it, but doubts the eff
cacy of such law.
DIR. DAVID UTTER,
of the Unitarian society," discussed the
matter in his usual deliberate and log
ical style.
1.-THE question of capital punishment
is a difficult one, but my feelings are
against that mode of punishment. 1t IS
commonly accepted in law that it is
the certainty, not the severity, Of pun
ishment that deters from crime. If it
were known that life Imprisonment is
certain to follow the detection of a
there would be a more mark
ed. decrease of the crime of murder,
than if burning at the stake were the
possible, or rcbable method, so long
as there is chance Of escaping the
I cannot see that death PEN
atty is any more cruel than imprison-
ment for life If I were a criminal l |
would prefer the death sentence. The |
brutalizing effect upon the masses OF |
a public execution is deplorable. 1t is a |
matter of history that after the execu- |
ton of some criminals in England, 1 |
think at Newgate, there was a great |
outbreak of crime. The press is crid- |
cised for giving publicity to private |
executions but T do not join in that |
criticism The evil effects might be I
greater If the accounts were not pub
ished, as exaggerated stories in refer
,nce to the execution would be the re-
suit. 1t Is probable, TOO, that the pub
ication of details may prevent I'M
necessary brutality in the execution.
am in favor of an amendment to our
,ode, abolishing capital punishment,
Tor I am convinced that the custom
Ices not deter the condemned nor 9TH
,rs from crime, and 1t does not pro-
.ect society I believe that juries would
De more likely to bring verdict of
murder in the first degree If it were
known that the person convicted would
not, as it were, suffer death at the
hands Of that jury"
JUDGE J. C. BOYLE
links it bad use to put merto. All
men should have time to prepare for
eath, and in the thirty days or less
hat is sometimes allotted to criminals
between the passage and execution
f the sentence, there is little time to
transform a murderer into saint,
hough it is claimed it has been done.
n the years of confinement in peni-
passed in serving life SEN
ence, a criminal has time to prepare 4
or the end Judge Royle advocates
and hard labor a portion
f the proceeds of which will be used
or his own maintenance, the remainder
oward the maintenance of the family I
e has wronged. Penitentiaries should ]
a rx-it RI
or for the convicts, whereby they may
enefit themselves and others. EXecu-
ions have a terribly demoraliZing ,ef-
ect upon the masses, and whether the
of them is gained directly.
y observation, or indirectly by read {
lg the newspaper accounts, the public
familiarizing itself with all the hor-
ors of the doomed
ATTORNEY ARTHUR BROWN
ualified his opinion on this subject. {
'In most communities / should OPP
ose it." he said. but in this. where
onvicts imprisoned for life lead an :
asy existence, free from labor and
rom care, 1 am inclined to favor it. I
am strongly opposed to the anarch-
'tic principle that law-breakers shall q
We better than the people who earn
1eir sustenance: But wherever and
Ihenever measures are taken to pro- T
iue ldUOT LUI COIFlClo, dll III IdNOI
f life Imprisonment instead of the
cath penalty. The details of the exc
ution of Enoch Davis were horrible
nder the present code his life should a
ave been spared" il
On being asked whether he referred Ii,
} the legal or social code, Mr.. Brown 1T
eplied dryly: e
THE social code" Id
To the inquiry whether he believed a
lie adjustment of capital punishment he
'ould be attended by an Increase of It
he answered: v