The Ketchum keystone. [volume] (Ketchum, Idaho) 1885-1899, 1898-09-10
THE WHIPPING POST.
Delaware Still Clings to the An
cient Institution.
It Ii Used - Means OF Preventing
Criminals from Outside Locating
In tho State-An Effective
Remedy for Crime.

In the StAte-An Effective
l. Remedy for Crime.
The present law relating to the
whipping post in Delaware is that "tEe
punishment of whipping shall be in
ficted publicly, by strokes on the bare
back well laid on 1t shall be done
by the sheriff or his deputy, or by a
constable. The whipping post and
pillory shall be in or near the jailyartl
of each county. Women are exempted
from whipping. The whipping OF
minors is left to the discretion of the
court in each case. Whenever cor.
poral punishment is a part of the judg-
nent, the day for it's execution must
he fixed in the sentence. Whenever q
convict, at the same time, receives
several sentences of whipping, the
court shall so graduate them that un-
der all of them he shall not receive
more than 60 lashes, nor stand in the
pillory more than one hour.
Whipping is inflicted as punish
ment for the following crimes: At
tempt at poisoning, mayhem, highway
and house robbery, setting fire to Off
ces, vessels or stores, burglary, lar
/ ceny, embezzlement, making forged
plates, obstructing railroad tracks
etc. The pillory is generally added as
further punishment, or else fine or
imprisonment.
"But why" asks the outsider.
''since whipping was abolished in the
United States laws in 1898, and even in
the navy in 1880, does Delaware
cling so fondly to it? Is she wiser
than the rest of the country, or simply
more uncivilized?" Well, it would be
hard to explain, to the average out
slider, whose idea of the whipping post
is made up of a tortured prisoner, Il
cory cat-O'-nine tails, and moi
OF brutalized spectators, the easy-go-
ing Indifference of the average Della.
warean about the whole thing. The
large majority of the citizens of Della
seen the whipping post, and those who
Lave, have never been heard to cont
plain of any brutality in connection
with it. The movement for prison re-
form, now active in the state, has nc
condemnation for the whipping post;
it fixes on overcrowded cells and idle
prisoners as far greater causes fol
complaint. Many would approve, in
deed, an extension of the punishment
SO as to include the crimes of prize
fighting, cruelty to children and ami
,nals, and wife-beating, now punisha-
BILE only by fine and Imprisonment.
The reasons for this general acquies
cnce are rooted in (D the past history
of the state, (2) its geographical posi-
ton, and (3) the conservative charac-
ter of it's inhabitants. They may be
briefly stated as follows:
/. Delaware has always had a large
free negro population. Now, the ne
gro is given to petit larceny, and he
does not greatly mind being impris-
cned for it. In some cases he has
been known to commit petty offenses
at the approach of winter, with the
avowed desire of getting a home in jail
until spring. This tendency can be
successfully combated only by corpor-
al punishment, which he does not like,
and avoids if possible. The whipping
post has solved this problem for Della
ware justice during the past, and its
value is established until some better
substitute can be devised.
2. Delaware is small agricultural
state, lying between the large cities of
Philadelpnia and Baltimore. 1t is a
natural haven of refuge for criminals
from both cities, and would be overrUn
with thieves and small offenders if the
quality of Delaware justice was not
bitter to their taste. The whipping
post is an abomination to the criminal
from outside. He gives the state Il
clean berth on it's account One gang
of bank burglars did select Whining
ton as field of operations some years
ago. They were caught and soundly
whipped. They had no difficulty, be-
ing experts, in breaking out of the old
fashioned Jail at Newcastle after
wards, as easily as they had broken in
to the bank; but the whipping
ranked in their minds; and they left
on record their determination never
again to enter the state where gentle
men in their line of business were
whipped like slaves" Whereat all
Delaware chuckled!-Priscilla Leon
ard, in Outlook.