The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-12-01
Warden TomIInson of Peniten-
tiary Discusses the Question.
LEAVE 1T TO THE JURY
Thinks That They Should be
Empowered to Fix Penalty.
Believes That One Glass of
Criminals Should Hang.
George Clark Does Not Believe
in Legal Murders.

warden J. 3. Tomlinson, of the Kan
sas penitentiary. believes that juries
should be empowered TO fix the penalty
for murder and be given by law the au-
thority to fix the punishment At death,
life Imprisonment. or for less term In
the penitentfary-
Having been in touch with the prison
ers OF Kansas. in his official capacity
Warden Tomlinson's views are entitled
to much consideration in connection
with the agitation which has taken
place since it has been understood that
Governor Stanley is contemplating a
restoration OF capital punishment IN
Kansas.
in examining this subject" said Mr..
Tomlinson to q State Journal reporter,
there are many circumstances to be
considered
sFirst-A murderer who under the in
f7uence of passion kills his fellow-man-
a man who has always been a good citl-
zen and borne a good reputation-is not
SO responsible as another class There
are extenuating circumstances Wnlcn
cause men to avenge some injury while
fired with anger or passion as result
of its indiction.
''Second-The highway robber repre-
sents class entirely different Inls
Iuarauder carries guns. and is always
prepared to murder his victims TO escape
detection This is also true in many
cases OF burglary and larceny The
men who commit these crimes are al
life of any person who interferes or
makes an effort to prevent the COM
mission Of such offenses. They have no
hesitation in committing murder. The
ordinary man engaged in this class OF
business always expects detection, and
Is ready to protect himself by killing
the person or persons he finds in the
way of the crime. This class Of GRIM
inals often kill men for no other rea-
son than they are held up without
money in their pockets and their life
pays the forfeit of the neglect to carry
q well filed purse for the benefit of these
particular scUHudrelS.
1.-The subject of capital punishment Is
a serious thing, but the natural Ques-
tion is Can it be more serious than the
imprisonment Of a man for life2 He
may stand the strain fer twenty-five
years or perhaps more, but the time
generally comes in the lives Of such
men that they grow weary of the re-
Sfraint and confinement. become lazy
and indo1ent-worthless in every way
becomes desperate and unless il results
in unbalancing his mind, the individual
usually commits some other crime, in
nuenced largely by the condition into
which his mind has lapsed during the
period of dismal reflection.
THE jury is the judge of the evidence
and is made familiar with the eircurn-
stances surrounding every murder trial
The men comprising the jury know
whether a man has murdered another
for destroying his home. or committed
the deed in cold blood or for profit or
revenge
with this information before them,
detailed as it always is in the trials OF
such cases. in my opinion the most log
ical and reasonable solution of this
problem is to empower the jury to fix
the punishment. In other words, I be-
lieve that the jury should make the
punishment tit the crime.
Had the jury which tried Estelle. the
convict who recently escaped from the
penitentiary, been empowered to fix the
punishment I have no doubt Estelle
would have been hanged. He is a dan
gerous criminal He is smooth, cum
ming rascal. and simply killed men be-
cause they came in the way of the plans
which he had in view. Estelle is a des-
perate thief
escaping. was a type Of the other kind
He was a desperate highwayman. He
shot men because they were interfering
with his plans for rObbing trains. He
was one Of the worst men, regarded
life as mere bauble, so long as it was
another mans chance to live or die. so
he killed a number before he surrendered
his life by the same means which he
employed to put many men out of his
way"
George A. Clark, secretary of state. is
opposed to capital punishment. There
are said Mr.. Clark "a great many
crimes. in my opinion. which deserve
more vigorous punishment than muir
derers- Unless the circumstances be
extremely aggravated. it is quite diff
cult for me to understand why q muir
derer should be compelled to pay with
his life for the crime, while many other
outrages, just as humiliating and de-
grading are permitted to pass with
slight terms Of Imprisonment How
ever, whatever may be the circum-
stances, do not believe that a gov
eminent, state. or municipality,
should be empowered to execute. which
Is but another word for murder or kill
Ing. an Individual because he takes the
life Of another"