St. Paul daily globe., 1894-06-30

ONE cases where the homicide was i'm
PEELED by outraged feelings, or by anger,
Jealousy or some other passion of the
human mind that becomes, at times,
well nigh irresistible. There may also
be cases where the mental and moral
nature of the defendant is so abnormal
that it would be ground for mitiga-
ton of punishment; although not suf-
hclent to constitute complete defense
In such cases / can realize how gladly
the presiding judge would avail himself
OF the power to modify the sentence of
the law In consOnance with natural
justice. On the other hand, where the
circumstances are only so far exception
al as the conduct and methods of the de-
based and hardened criminal are excep-
tlonal to those of the honest man, 1 do
not see how judge could make the re-
QuIred certificate without stultifying his
reason and his conscience.
The exception al circumstances
claimed in this case are: First-Tnat
this defendant is only twenty years of
age. 1t is pitlful that one so young
should have become so hardened III
crime; butit is part of the history of
crime in this age and country that
among the most heartless. bloodthirsty
and cruel murderers of the day are
young Men no older than this defend
ant. The time has gone by. il it ever
existed, when that can be called all ex-
ceptional circumstance.
SecOnd-1t IS urged that defendant is
OF a. low order of moral and intellectual
Developments. This is undoubtedly
true. aud am sorry to say there are
many others of like condition in this
community. 1t is hard to conceive of
mind so debased and a moral nature so
deprayed as to he willing to deliberately
take the life of fellow being for the
paltry gain of the few dollars or cents
likely to be found in the beer saloon of
an honest German. and yet that is just
what this defendant did. l believe it is
the duty of this court 10 protect peace.
able and law-abiding citizens against
such characters, by the only influence
that will> reach SUCH nature, namely,
the assurance that following such a
crime will come punishment, swift, Ger.
tain and severe.
Third-1t is claimed that the defend
ant is afflicted with dipsomania and
with some form of epilepsy, and while
under the influence of these diseases
sponsible for his conduct. This may be
to some extent true. although the evt-
dence, if such it can be called, to sub.
stautiate it is to my mind of the most
unsatisfactory character. Doubtless the
excessive use of intoxicating liquor
had much to do with the GRIM
inai record of the defendant.
1t Is a potent factor in the
majority Of crimes. Bnt take the career
OF this young man, so far as it has been
disclosed: In 1892 he is sent to the re-.
formatory at st. Cloud. upon an inde-
terminate sentence; OH April Is of this
year he is released on parole. presuma-
bly, reformed; he Immediately. almost
as soon as he leaves the gates of that ill
stitution, enters again upon course of
crime, and follows it systematically day
by day and night by night, until the cui-
minating crime of murder. for whicn he
is now to be sentenced; aud these
crimes. which he committed during
those two or three weeks, including this
last and greatest crime of all. were not
such as are usually induced by and at.