Birmingham state herald. (Birmingham, Ala.) 1895-1897, 1896-08-30


kinson consented to defer the execution
of the law for two weeks in order that a
thorough examination of this evidence
could be made. On Sunday, the 18th, a
large delegation of Young Mems Chris
tian association members and other men
and women formed procession and call
ed on Governor Atkinson at his home
and implored for Arthur Hanye execu-
tive clemency.
While this case has largely only a local
significance, still it has its counterpart in
every one of the states of the union, and
therefore possesses an interest for US ALL
To the average citizen who condemns
murder and desires to have society pro-
tected from dangerous and chronic GRIM
mails, there seems little reason that the
execution of the laws should be stayed
by weak and maudlin sentiment and
because it is possible for lawyers to dis
cover new evidence" as long as a con-
Venient negro can be found. Take the
case of this man Hanye, who several
years ago-assisted by the man whom he
afterwards murdered-killed an Italian.
OF course he escaped the punishment
due by some legal technicality, and so
did his accomplice. Later, in the heat of
passion and influenced by drink, he kill
ed this former friend not ten yards from
the very place of the first homicide. For
this deed he is now under sentence of
death, and from this justly merited sem
tence some of the best lawyers of Geor-
gia have endeavored to save him. To
add to the aggravation of the case, after
the first respite was granted Hanye for
the purpose of preparing spiritually for
his execution, he, with other prisoners,
arranged to escape and to murder the
iailer in the effort for freedom. With
two murders on his young hands-for he
is not more than 20 years of age-and
with another only frustrated by timely
discovery. the weight of legal attainment
is now thrown on his side and the sickly
i'm mt a 1itU of theorists nlPadS for his
life that the ends of justice should be de-
ated. The law, as 1t is now frequently
administered, seems to be for the defense
and protection of the guilty.
Why should man not yet 20 years old,
who has killed two men and contemplat-
ed a third murder, be permitted to live
and prove a constant menace to society
at large is question that forces itself
upon the layman Why should miser-
able, jaundced sentimentality put
premium upon wrong doing while 1t
pleads for upright living?
The Communication of a death sentence
to that of Imprisonment for life becomes
a dangerous prerogative in the hands OF
any man, no matter how honest and true,
for as long as life endures there is the
possibility of pardon to the criminal and
the granting of freedom to him to go
once more among his fellow creatures to
STAY and destroy, or, worse still, to marry
evil propensities. Capital punishment
has it's greatest value not in carrying
out the old Mosaic law, "a life for life"
but in that the danger to future genera
lions is lessened by the Kidding of society
of a man or woman in whom the crimi-
nal instinct is Enthusiastically developed.
In this day, when the law of heredity is
so exhaustively and exhaustingly dis
cussed in all it's phases, a new and potent
meaning is given to capital punishment.
TX IA r,aI1a m a
are to come, and it seems a pity that
greater safeguards could not be thrown
around them and less energy appended
upon preserving the worthless existence
of chronic murderer.
1 have given voice to very radical sem
timents / know, on this question, but l
believe l have on my side the majority of
earnest men and women, who watch the
daily efforts of the courts for the protec-
ton of evil doors. So much. has been
written about mob law in the south by
people in all sections-and surely they
do right to condemn it with all the force
of pen and tongue-but there has never
been enough said about the original
cause of mob law. Had not people wea-
ried of the long -drawn-out legal battles
over worthless offenders there would
have been but few occasions when they
would have administered for themselves
a merited punishment. Delays, strug-
giles over technical questions and an eff
fort to defeat justice by many of the
great lawyers of the country, has caused
the people to sometimes resort to this
awful mode of melting out punishment.
The quickest and most effectual way of
destroying mob law in the south is to
convince the people, by a prompt execu-
ton of the laws of the land, that they
will be protected, and not the criminals.
1 have been much interested In this
question during the past few weeks be-
cause I have kept in touch with the
Hanye incidents through the splendid
young secretary of Governor Atkinson
Mr.. Frank e. Galloway, who was in the
house with us during my visit to Atlanta
Through his courtesy saw the last letter
written by Arthur Hanye to Governor
Atkinson pleading for his life and beg
ging for a Communication of the death SEN
tence.
All about the state capitol on Thurs
day, the goth, hung the solemn pail of ap-
preaching death, for men of genius
struggled for and against Hanyes life
before the governor, and upon his de-
cision depended this mans doom. How
much Governor Atkinson felt the awful
responsibility could be noted by the most
casual observer. Mr.. Galloway said to
him while the legal battle was in prog
ress: II would rather be governor of
Georgia than hold any other political Of
flee within the reach of Georgians, but
uoifId reunain in the ordinary walks of