The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1895-12-28
THE ELLINGTON CASE

The Evening Mail says that the min
listers OF Boise are about 10 circulate 4
petition asking that James A. Filing
be shown the greatest clemency by the
board Of pardons" This may be con
strued AZ meaning that the board will be
asked TO grant full aud free pardonand
thereby Justify the act OF one man
shooting a fellow In the b,ck IN cold
blood because Of a disagreement over
few patty dollars Ellington was given
fair and impartial trial aud was found
guilty OF murder In the first degree and
the law Of our state says that his life
shall pay the forfeit.
This disposition on the part OF many
sentimentally inclined persons 20 cir
cumvent the intention Of the law In the
case Of murderers Is an indication either
that society has grown abnormally sentl-
mental and mawkish as regards the
punishment Of murderers. or that the
whole system Of capital punishment is
wrong. II Is hardly probable that the
majority Of our people are ready 10 nc
accept the latter proposition In gen
eral way hut II Is fact neverless that
II has been good man, years since a
murderer has been executed In this iu-
dicial district, they all manage To escape
the gallows by some hook or crook, and
although there have been some cases
In which IL has been broadly limited
that clemency was secured through
the corruption OF those in high places
yet In most cases pardon or cOmmuta-
ton has been secured through the in
iluence OF petitions from citizens and
taxpayers People believe In capital
punishment In general way but when
u comes To an individual case, they
generally allow their sympathy to be-
worked ON by friends OF the con
demncd or by his attorneys. who are apt
TO be influenced by desire To make a
reputation for themselves AS criminal
LAWYERS.
The purpose Of capital punishment
n to protect socey The man who has
once shown himself capable Of taking
human life In cold blood and with
malice aforcthought may do so again
should the occasion arise and society
owes to itself that such measures he
,Aken A. will effectively guard against
the recurrence o. the crime n the law
rs 10 remain dead letter II should be
abolished aud some other plan which
will protect society and act rs check
% the upliftcd hand Of the murderer
should be- substituted.
In the case Of Ellington he was given
fair trial. lie did not attempt To deny
the crime and while his ATTORNEYS At
tempted to set up plea Of self defense
they failed 10 established the claim that
Briggs was the aggressor or was armed
He was given every latitude In the trial
court. consistent with law and Justice
and after careful consideration Of the
facts In the case. The supreme court
handed down unanimous decision sus-
taining the action OF the district court.
II We are to continue to have courts Of
justice TO deal with criminals we should
b. content To allow their decisions to
stand In the case OF murderers. AS well as
in the cases OF other classes Of law
trcakers. And while We may expect to
see lawyers continue TO make desperate
efforts 10 save the nccks OF their clients
that they may gain in reputation aud pro.
fcssionsl prcstage. and certain classes
~ newspapers join with them In work.
ing up sympathy Tor men who are in
the shadow Of the gallows. We should
not allow ourselves To- be coaxed or
whsedled into assisting In setting aside
that part Of our statutes which is found
ed the divine command. Whose shed.
deth mans blood bv man shall his blood
be shnd -