The Republican journal., 1899-03-09
Capital Punishment.

~ACSoAHcy GENERAL nay HOs sly - - - $3.50
ure. Change in System OF Coroners In
quests recommended.
Attorney General Haynes has put an
END to the talk Of reylvlng capltal PUNISH
ment, although it is probable that the At |
torney General wrote his report before !
that subject was preached in the legisla-
ture. Mr.. Haynes filled his report with
the executive department Feb. oath. 1t |
contains two very interesting chapters.
One deals with the question OF the effect
of the death penalty on the number OF
hOmicides. The other is recommends !
ton that the present system OF coroners'
inquests be abandoned and some simpler
proceeding adopted Speaking of capital
punishment, Mr.. Haynes says:
During the past two years | have had
frequent inquiries as to the effect OF the
repeal of the law of capital punishment
on the amount of homicide in this State.
This has lea me to make some invesu2a-
tions, the result Of which l think 1T is
proper for me to make part OF TINS re-
port, as many of these inquiries are from
our own citizens.
When Maine became State the crimes
of treason, murder, arson, rape, burglary
and robbery from the person by violence
were punishable with death by hanging.
In 1929, the penalty for burglary, rape
and robbery was reduced to Imprisonment
for life. In 1887, the law was 50 changed
that murderers convicted and sentenced
to be hung should be confined in States
prison year and day before execution
and the executive was to issue his war
rant ordering the execution, but not I'M
til full record of the proceedings had
been submitted to him. In 1874, the law
was again changed requiring that all per-
sons, under sentence OF death should be
confined for a wear and day at hard la
Dor in States prison until the sentence
was carried into effect. The discretion
| left with the executive by the law of 1887
was followed by stroug public sentiment
! against the death penalty and there was
! no execution for murder III this state TOT
nearly thirty years. TINS condition OF at
| fairs led the Governor in 1867, in his an
| nual message, to sugge st the abolition OF
the death penalty OF a change in the law
Sc that the Governor should be obliged to
issue his warrant within a fixed time Ia
1869 the law was passed requiring the
| Governor and Council to review the find
ings of the court in case of conviction and
sentence of death, and commute, pardon or
cause the person to be executed after a
| certain length of time from the date OF the
original sentence. In 1870 and 1874 the
| Governor made another protest against
TINS law of 1869. claiming it to be uncon-
stirlltional as it imposed judicial function
upon the executive departments In 1870
the law of 1864 was amended recurring
the Governor to- issue his warrant within
II months of the date of sentence. III 1876
the death penalty was altogether alb sll-
ed. lii 1883, the death penalty ion muir
der alone Was 10 established. In 1882, II
being evident IN tie unusual number IF
cold blooded murders in the two wears pre-
vious. that the re-pstablishment Of the
death penalty had not afforded the pro-
lection anticipated. the Governor in his
MESSAGE recommended its adjustment.
This became. a matter OF contention be.
fore the legislature and 1T remained a mat
ter or General discussion in tile State until
1887. when the death penalty was again
abolished. and | think Il may now be safe
ly said that the sentiment in favor Of the
abolition of capital punishment in Maine
is such that it il not likely AGAIN to be re-
| established.
| have made \ careful examination OF
the reports of the Attorney General S rel
alive TO the crime of homicide for a quar-
ter of a century past with the following
result. which It seems to me NAV be as
GOOD an answer to this Inquiry as may
be obtained from statistics These sta
tistics show that the commission of this
crime is not very much affected BY the
law providing the punishment for it. In
some years there will be very few cases.
and in other wears MANY. If there is any
argument to be deduced from this investi-
CATION, to my mind it sustains the posi-
lions that when a person commits the
crime of homicide, either premeditated or
in the heat of passion, and especially as
the result of an attempt to commit an
other crime, the question of the results of
such acts is but little thought If and the
murderer little expects being brought to
Justice and sentence when The crime is
committed.
The ATTORNEY General advocates what
he thinks some will call a rank innovation
when he recommends that the law provid-
inc for cor0rers' inouests be repealed in
toto aud that something simpler and less
extensive he enacted in its place. Mr..
HAYNES agrees with the views OF his pre-
decessor that the requirement that the