Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-12-10

has not been the rule in this State Tor
juries to find the death penalty, and
because that has been the rule we have
had the common talk that the law does
not punish crime as surely as it should
be punished, and for that reason we
have such crimes in this age and com
munity."
Mr.. Boyce here interrupted to ask
that the remark be taken down, to
which Mr.. Howard retorted that 1t
might all be taken down. Proceeding,
the speaker said
"The fault is not with the law, but
with jurors who sit upon trials. 1t is
because the jurors of this country are
not determined in the exercise OF their
duties that the mob sometimes steps
in and takes CONTROL
Mr.. Boyce again interrupted to object
and to have the remark taken down,
and then Mr.. Howard proceeded:
They called me for eight years a
bloody prosecutor-they call me that
now Why should we, who obey the
law, who believe in the law, and who
pay our taxes that there may be law
and order in this community, come into
the jury box and open our hearts in
pity to those who, from childhood, have
been enemies of society-men who
raico5 thaiY hands aoaipcf tba law ac
soon as they were able to raise them
who early crossed the prison door, and
who spent their time in brOthels when
not in Jail. l know it is usual for
counsel for the defense TO appeal to the
warm side Of the jurors hearts, and to
point to the poor prisoner at the bar
know there are appeals to that mawk-
ish sentiment that makes deluded wo-
men carry flowers to felons in Jail, and
makes counsel appeal to weeping wo-
men and resort to the well-known trick
of bringing relatives to the prisoners
side. That is part OF the attempt to
influence your hearts against your
judgment. There is that sid old
man. If you have any sympathy for
that old man. you can't do him
kinder act than to take that boy out
of his life; you cannot do him any
more kindness than to take out of his
life this boy who has. been disgrace
to him and bowed his gray hairs in
sorrow.
''The appeal to your sympathy is an
appeal to you to do wrong. A cold
blooded murderer--an enemy of soci-
ety-a man who early turned against
society-a man WHO defies the lava
man who has no fear of the prison
comes before you, and because some
one weeps for him, you are to forget
your oath to decide this case on the
law and evidence. You are asked to
forget you are jurors. Our whole
American system rests on the jury and
in our right to trial by jury, and
yet you would sit in the jury box and
be guided, not by your oath, not by the
evidence, not by the law. but by a
mawkish sentiment. If sentiment is
to contrOl-if Jurors are to shrink from
the act of enforcing the law and taking
the life of a criminal-then society
has no prots elton and the law no use.
Now, every one of you twelve men have
said on your examination that you
were not opposed to capital punishment.
If the law, as laid down by the Court,
makes it proper to find a verdict for
The death penalty, you have sworn to
do it, and you cannot fail and have
clear con science 1t is not for you to
ask if tie law which takes life is
wise law You passed that point when
you took the oath that you were not
opposed to capital punishment.
Acc ording to the law of the State,
capital punishment is the punishment
for murder in the first degree. 1t is
the punishment for this crime. If it
was IL case where there was some doubt
as To guilt, there might be some hes
itati on. Here there is no doubt, and
in this case there can be no hesitation,
and | demand of you verdict Of guilty
wit hout recommendation, and shall
do that by simply reminding you OF
the evidence and fair deductions from
it,, and you will go to the jury room
at ter the instructions of the Court, con-
WINGED it is your duty to do so.
Counsel for defense have talked to
you about the question of doubt, and
have told you that every juror must be
convinced beyond every doubt, and
that if any one man had doubt he
should hang this jury. When counsel
said that they meant that the defense
hoped that some one of you might be
controlled by his heart rather than by
his judgment Then there is the talk
looking to a compromise verdict at
your hands. You are told about muir
der in the second degree. Why, you
know it cannot be murder in the
second degree if it is any
crime at all Why are you told about
these things? In the hope that some
one may hesitate, and that you may
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