The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-12-03
IS / A DEAD LETTER?
Is the Day of Capital Punish
ment Over in 0klahoma2
JUSTICE BURF0RD'S VIEWS
Judge Irwin Also Tells What
His Ideas on the Matter Are.
JUSTICE BURF0RD'S VIEWS


negro murderer at Oklahoma City this
week and the sentence of Imprisonment
for life recalls to mind that in all the his
tory of bloodshed and crime since its
opening to settlement, nearly eleven
years ago, there has been but one legal
execution within the borders of Oklahoma
and this, despite the fact that at nearly
every term of court in each of the five
judicial districts, there are from one to a
half dozen murder cases on the docket.
In Blaine county some years ago a
negro was lynched by a mob, but the
only legal hanging that has occurred in
Oklahoma was the execution of a negro,
John Milligan, at Oklahoma City in
March. 1895, and this was not accomplish
ed until the most desperate efforts had
been made to avert the hanging. Three
times was the murderer sentenced to be
hanged. Twice he made his escape from
the Jail in which he was confined, and on
the eve of the day originally set for the
eXpiation of his crime he was granted a
siXtyday reprieve by Acting Governor
Lowe, which opportunity was taken adj
vantage of by the opponents of capital
punishment in an attempt TO secure the
passage of a bill through the legislature
abolishing the death penalty. 1t was not
until midnight of March u, that Dr. Fur
long, who had been the foremost advo-
cate in Milligan's behalf, abandoned all
hope, after hopeless interview with
Governor Renfrow, then the chief execu-
tive of Oklahoma.
Milligan's crime was the murder in No.
vember. 1893. Of On aged couple by the
name of Clarke, with whom he had been
living and the attempted murder of their
young granddaughter. The murderer
Drained his victims with an axe and aft
erwards to make sure of his purpose, cut
their threats with razor The little
girl he had struck over the head with the
axe and left her for dead, but she after
wards recovered and 1t was her testimony
on the witness stand that sent Milligan
to the gallows. The object of the dou-
bic murder was to get possession of what
little money the old couple possessed.
Milligan succeeded in making his escape
from the territory, but after a time he
was located and captured in St. Louis
He was tried and sentenced to be hanged
on January II, 1895. The case was car
ried to the supreme court which affirmed
the sentence. Twice within the period
Of his Incarceration did Miuigan ATTEMPT
to. escape and in both cases nearly sue
ceeded. The first instance occurred on
the evening of November Of. 1894. The
murderer had been permitted to go into
the jail corridor for the purpose of TAX
ing bath and with the opportunity af-
forded he climbed to the roof of the steel
cage end from thence to the ventilator OF
the Jail roof through which he managed
to squeeze his body. Rewards were Of
fered for his capture, dead or alive. and
on the secdld day after his escape he
was recaDtured a few miles southwest
of Oklahoma City.
The second attempt at escape was made
on January Q Just nine days prior to the
day set for his execution. Waiting for
his chance Milligan knocked the jailer
down and leaped through a glass door,
carrying the whole frame with him. A
light snow had fallen by means Of which
the murderer was easily tracked and
after a pursuit lasting through the night
he was finally discovered and retaken in
barn near Choctaw City.
In the meantime efforts were being
made in another direction to aid in MILL
gan's escape from the gallows The leg
islature was in session and it was hoped
to save the murderer's life by securing
the passage of a bill abolishing the death
penalty for murder. The first step was
to secure a reprieve Governor Renfrow
was absent from the territory and the
committee in charge Of the movement
presented their case before Acting Cover
nor Lowe, who finally on the night prior
to the day fixed for the execution grant
ed a reprieve for sixty days. This action
created much indignation at Oklahoma
City and the acting governor action met
| with considerable criticism, which was
met with the explanation that the re-
prieve was simply a respite for the pur-
pose of permitting the legislature to act
In the legislature the bill to abolish the
death penalty met with violent opposition.
at the head Of which was Harry St. John.
a representative from Oklahoma City.
and son of Kansas former governor of
that name. 1t is a singular commentary
that soon after the adjournment of the
legislature St. John killed his wife in a
! passion of jealousy. Fillibustering meth
DDS were used to stave off a vote on the
bill until in the closing days of the ses-
/ sion when Il was defeated by small ma
/ jority.
I On Wednesday. March S. Milligan was
/ taken into the district court at Oklahoma
| City and for the third time he received
! the death sentence. the date Of his execu-
/ ton being fixed as March 12. His only
( hope lay in Governor Renfrow and labor
! ed efforts were made with that official 10
! secure a Communication to Imprisonment
for life. Governor Renfrow was inexor-
able. however. and was not to be chang
/ ed from his purpose TO permit the law 70
/ take its full course. and 50 at noon, on
/ March &. 1885. Mlligan paid the penalty
for his double crime on the gailows a.
{ Oklahoma City and thus furnished the
only instance Of q legal hanging in Ok
lahoma-
JUDGE BCRFORDS VIEWS.
Chief Justice Bur1ord ssho has always
taken pronounced stand for a rigid en-
I forcement OF the laws does not regard
the fact that there has been but one in
/ stance in Oklahoma where the death
penalty was inflicted. as a sure jndica-
t.on thai capital punishment has & psed
entirely IL Oklahoma. In such murde;
cases as came 20 his mind ~ cited some
extenuatinE circumstance which would
tend 10 influence a jury against fixing tht
( extreme penalty. and only recently. az
| Chandler. where a man recently plead
guilty 70 murder. Judge Burford gave
him only q life sentence The mur5ei
unquestionably was eold-hIooded and un-
provoked. but the murderer was clearly
/ insane and had he stood trial would
either have been acquitted or sent "a Jhs
( insane asylum Recently in discuss!ng
the omission Of the death penalty Judg'
Burford admitted that the reasons weTs