Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1894-03-22
THE DEATH PENALTY.
A Sensational Report Submitted
to Congress.
The Judiefsry Committee Speaks Very
Plainly About the Criminal Code
Number of Capital Onenses
Under Present Laws.
A Sensational Report.

most sensational document submit ted
to congress in years is the report of the
Judiciary committee accompanying the
bill Ito define the crimes of murder in
the first and the second degrees and to
abolish the death penalty"
"a comparison of the criminal laws
of foreign countries" Mr.. Curtis says,
with those of the United States shows
we undoubtedly have the bloodiest code
in the world, and it is confidently stated
that we also have the greatest mum Der
of homicidal crimes in proportion 30
population, while the administrati ton
of justice, measured by cur statutes, is
the most uncertain and abor tive, Judge
Lynch's court furnishing the most ge1l-
.eral and certain method of furnishing
violators of the law
His first table shows that in the first
thirty-seven gears of the republic the
letter and spirit of the criminal laws
were supported by public sentiment
and that the administra ton of Justice
travelled in lines parallel with the pro-
visions of the criminal code. 'But the
statistics for 1890, 1891 and 1892 fur
nished by the attorney-general." says
Mr.. Curtis, ''show that the administra-
ton of the criminal law has diverged
from our ancient and unchanged stat
utes. In former times, in proper cases,
about So per cent of those tried were
convicted, while in recent years the av-
erage is less than 20 per cent. in the
federal courts, and still lower in the
state courts.
Perhaps the most remarka BILE state
ment also proved conclusively by Off
cial reports is the one which accompa-
MES table No. 4, in which it is declared
that in those states prescribing the
death penalty for the greatest number
of offenses, homicidS have been most
frequent, while lynchings have in
cz...seu, and the number of legal exc
cutions have diminished.
In giving the offenses for which the
death penalty may be inflicted under
the; criminal codes of the several states
and territories it is shown thgt in a
general way the southern states lead
Georgia easily ranks first with crimes
for which capital punishment may be
prescribed. These are treason, insur-
rection or an attempt to incite it. mur-
der, killing unborn child if injury re-
suits in mothers death, counseling
pregnant woman to kill her child, Grim
inal assault, arson, malicious burning
of railroad bridges, perjury in capital
case. Louisiana, Alabama and Mary
land each have sever crimes for which
the death penalty is fixed, and aume
Der of the southern states four. Net
withstanding these many crimes fa9
which the law fixes the penalty at
death, there were sixteen persona
lynched in Georgia in 1892, twenty
eight in louisiana twenty-five in Ar4
kansas, and tweoty-one in Alabama,
leading all the states with few crimes
Il
Texas, which tied Louisiana, having
twenty-eight lynchings. In Rhode Iass
and capital punishment was Tbolished
in 1852 and in 1858 it was abolished %
Wisconsin
The table giving the homicides IN she
United states during the past three
years shows this ~Srogression: In 8Saa.
4,29O; in 1891, 5. 0O6 and in 1892, 6,79s.
The report of the Judiciary Commits
favors a retention of the death penalty
in cases of murder and criminal assault
with certain notifications. In discuss
ing the bill the committee gives the
following interesting review: ''The Gsv
fenses to which the death penalty 4yas
affixed during colonial times were
adopted from the English code and re-
enacted; III the federal statutes after the
adoption of the constitution. Few
changes; have been made during the
last century. At this time. there Sta
sixty offenses for which federal l8@a
prescribe the death penalty, positively
or conditionally, as military or naFaG
court martial may, in its discretion, 9i-
rect. There have been no executioas
for many of. these offenses for loaqg
term of years. Their existence in she
statute gives sanguinary character to
1,xx scfo I,
the people and of the age.
''While the crime of murder IN fEs
first degree and criminal assault 8ss.
under this bill, punishable with deasas
provC 0ion is made haS life imprisoa-
ment may bs substituted for the peef.
atty of death in trials in the c7vfl
courts, whenever the jury shall qualify
their verdict by adding thereto 'Ssses,
out capital punishment and in trials
in military courts for the cri1nes of de-
sertion in time of war and aggravated
mutiny, Imprisonment for life may ts
substituted for the penalty of deata.
whenever the court may, in its DIS
cretion, SO direct These modifica-
tions are in harmony with the practieg
of many states and a growing publiS
sentiment.
Your committee recognizes the
strength of the arguments presented
by the advocates of the abolition of the
death penalty, supported as they are
by statistics and the satisfactory ex
perience of states and countries II
which partial or total abolition has
been tried; and several members OF
yoIa- committee are fully prepared tC
recommend the total abolition OF the
punishment of death. But others be
lieYe this penalty todbe a great deter
rent, and that the people are not, a
this time, ready for total abolition
Therefore your committee unanimously
recommend that for the crimes specified
in this bill the punishment of death bt
retained, with the limitations provided
herein. and that for all other crimes fol
which this penalty is prescribed under
existing laws this punishment be total
ly abolished"
E,E.a