The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-04-27
The Death Penalty.

fishing capital punishment, has collect
ed the opinions of a majority OF the
Judges of Pennsylvania upon the sub
ject, and the preponderance of their
opinions is distinctly favorable to the
change The Jeffries bill provides that
in all cases where a person is found
guilty of murder of the first degree
the jury may qualify the verdict by
adding thereto the words without
capital punishment" and whenever
such a verdict is returned, the person
convicted shall be sentenced to hard
labor for life.
Judge Thayer, of Philadelphia, as the
result of nearly thirty years expert
ence on the bench. and Judge White of
Pittsburg, in the light of twenty years
experience both strongly indorse the
bill. The latter says: THE extreme
penalty of death in all such cases has
prevented a verdict of guilty in some
cases and turned loose great criminals.
Where the evidence requires a verdict
of first degree or not guilty some jurors
can hardly be induced to find a ver-
dict Of guilty. I have tried cases where
the verdict was not guilty concerning
which ! am satisfied there would have
been a verdict of guilty if the jury
had had power to find a modified YER
dict. l trust the act will pass" Sim
liar opinions are offered by Judges
Gordon and Pennypacker of Philadel-
phia, Love of Bellefonte, Mcconnell of
Greensburg, McIlvaine of Washington,
Noyes of Warren, Swope of Gettysburg
Purdy of Honesdale, Dunham of La
Porte, Waddell of West Chester, Gun
nison of Erie, Reed of Brookville, Mil
Ter of Mercer, and Reyburn of Kittan-
ming.
The opposition to the bill musters in
its ranks such men as Judges McPher-
son of Harrisburg, Enlich of Reading,
Taylor of Washington, Bittinger of
York, Bregy of Philadelphia and Wood
ward of Wilkes Barre. The opinion of
Judge Mcpherson is the most outspok-
en- of the number. He says:
I regard the death penalty as the only
adequate punishment for the crime of mur-
der in the first degree. / do not sympa-
thize with the softness of mood that is so
hlled with pity for the murderer as to
forget his victim. For this crime there
should be prompt trial, speedy hearing
on appeal, and for the guilty, the certain
punishment of death. l believe that the
general opinion of the community, which
should always be regarded in determin-
ing the quantity of punishment and
should receive satisfaction from the sea-
tence, II fairly possible, is Of a like Opin-
ion-witness the just indignation, when a
criminal who has feloniodsly and dellbcr-
ately taken life escapes with imprison-
ment merely, even if it be for a long
period Moreover, murder in the second
degree may now be punished in Pennsyl-
Nania with Imprisonment for twenty years.
Ordinarily this Is equivalent to life SEN
tence; and, therefore the proposed legis-
laton practically obliterates the difference
in punishment between the degrees. II
may also be confidently anticipated,
think, that few life sentences would be
served out, unless the board of pardons
should perpetually resist the repeated i'm
portunities of the convict. In few years
his crime would hardly be remembered
and, as now happens in the case of Other
long term criminals, much ado would bt
made about after-discoVerCd evidence, the
excessive sentence, and the criminals
obedience to the rules of the pententiary
as II this should be counted merit to {
man who not only must obey, but lives
more comfortably If he does obey. Per
haps, also his hopeful conversion woult
be made a ground of appeal; and proba
bly, much would be heard of his depend
ent family and his impaired health broker
down by confinement. Continual assault.
of this kind are apt to prevail in the end
and the so-called life convict would e
free so often that the punishment woul'
rarely be endured, unless the convic
should happen to die in the early years o
his imprisonment. If the people of tn
state desire this decided change in Crml
nal policy they should have it; but tn
change should not be made until positiv
evidence of a real and general popula
wish has been presented to the Legislature
Judge Endlich of Reading, ais
writes a forceful opinion in opposito
to the change. Says he:
There is in this state but one offens
punishable by death. Unless all capita
punishment be regarded unjusthable tina
offense must be conceded to warrant It
imposition. To allow jurics arbtrarll
TO defeat or to impose it would, on tn
one hand, encourage the commission c
the crime by increasing the chances c
escaping its just penalty, and on the othe
hand operate unjusty by subiecting dil
ferent persons to different consequence
for the same act. Whilst the effect migt
be to prevent entire acquittals in som
cases whore a conviction would be prope
in other words, TO produce compromis
there Is an entire failure of justce--it
very questionable whether that possibi
ity holds out any prospect of substantii
good. As regards the announcement
crime, partial mscarriages of justice al
hardly less demoraliZing than entire one
Besides, under a system such as this lei
islation would establish the former wou
become the rule and the Enforcement
the law the exception. Such a conditiC
OF things is always TO be repelled.
And Judge Woodward's words, to
merit quotation. 81 cam" says he, "s
no wisdom in the proposed law. AS
is, too many murderers escape Il
death penalty. More hanging and lie
sentiment would produce good result
If men cannot be deferred from murd
by the fear of capital punishment tn,
Will not be deferred by any lesser pc
atty. To most men life is dearer tha
liberty. l am not a blood thirsty
severe man, but 1 look upon all the
efforts to abolish capital punishme
as the offspring Of misguided zeal
people who know little or nothing
the practical facts as developed in o
criminal courts"
These quotations fairly illustrate 4
diversity Of sentiment prevailing up,