The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-01-24
Governor Stanley Wants Kan
sas Laws Changed.
Would Punish Murderers by
Death on the GalIOws.
SUGGESTS REMEDIES.
Believes Juries Should Fix the
Punishment
In All Cases of Murder and 9th
er FelOnies.

While Governor Stanley is not an
advocate Of capital punishment, he be-
lieves that lynehings would stop if
Kansas criminals were executed by
hanging.
However, the governor will not de-
stroy the precedent in this state by
signing a death warrant for convicted
murderers.
The governor will make some recomr
mendations to the legislature which
may finally result in murderers being
put to death. The number of lynch
ings which have taken place in Kan
sas during the past year has caused
the governor to think some changes in
our laws are necessary.
81 believe" said the governor to a
journal reporter, that the punishment
of murdererS should be left with the
jury. Leach, who was convicted in the
federal court of murder. was virtually
sentenced by the jury. The jury had
the liberty to select life or death for
Leach, and they preferred that he ex-
plate the crime by serving a. life SEN
tence in the penitentiary.
Il will recommend to the legislature,
1 believe, that our present laws be
changed so as to offer the same provi-
sions to men prosecuted for murder or
convicted of murder in the first degree
in this state.
thing" said the governor, ''if the. de-
termination of the sentence in all cases
of felony should be left with the jury.
The jurors hear the evidence and are
competent to judge of the circum
stances surrounding such cases. Take
a simple case of larceny, for example.
A boy may fall into bad company and
be influenced in the commission of
crime by older and experienced crimi-
mails. In the majority of cases which
have come under my observation the
boy gets the same sentence as the
man. Were the sentences to be de-
termined by the jury believe twelve
men would arrive at a just conclusion.
Some judges infiict the ~9ull penalty
| of the law in all cases. Other judges
are lenient; many of them sign applt-
cations for pardons because they be-
lieve that an injustice is being done.
Were the Jurors called upon to de-
ternine the facts, 1 believe that our
present system would show marked inn
prOvement."
The governors remarks followed
discussion of the Fort Scott lynching.
He said: There was the most. serious
case which arises in the criminal annals
| of a country Those men deliberately
murdered a man in cold blood for the
sake of a little money. Murderous high
Waymen are the worst class of people
with, which we have to deal They shoot
a man down for a few dollars but in
Kansas they are not brought to the
gallOwS for the crime and it goes on
without the severest punishment, ex-
cept when the irate citizens of a COM
munity arise as they did at Fort Scott
and take the law into their own hands,
IF the laws were amended SO the jury
in such cases would find or could find
| that a man was guilty OF murder in the
first degree, cold blooded and premedi-
tated, 1 would have no hesitancy in
signing the death warrant.
THE custom Of permitting men to
serve life sentences in our penitentiary
has practically become a law and a
man in the Office of governor, under that
law, would probably not feel justified
in being the first to inf1ict the death
penalty I would not be inclined to do
! it and would not do it. But, it does
seem to me that with change of the
| laws whereby the jury which hears all
| of the evidence and is capable of judg-
/ ing of the crime in all its details, could
| fix the punishment it presents a pro-
gressive idea in dealing with this fea-
! ture of our criminal life
| so long as the people of the state re-
! alize that murdererS are not to be pun
ished by death. then the provocation
| for mob law is such that in the future,
! it will probably be as it has been in the
! past, the people will execute the laws
| themselves by stringing the criminals to
| the nearest tree.
"Lynchings are deplorable, of course,
| but what is to be done when an out
ragged and indignant community rises
and wreal1S vengeance upon such Grim
inals. Suppose I should take the ini-
! t1at1Ve and sign death warrant. Ihere
! are a score or more OF men in the peni-
tertiary serving a sentence for nlur-
der. L could not have all of them be
executed but that is the proposition
which a man confronts. I could not
] single one man out to offer as an eX-
ample to those who might come after
| him. Therefore, it is practically impos-
'sibIe and in fact is impossible for a
governor to consider the idea of sign
| ing a death warrant under our present
! law. would not do it but would take
such action if the jury had fixed the
| punishment at death"