The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-01-21
ABOLISH DEATH PENALTY?
GEN. ". NJ. CURTIS SAYS JHE TE
~ HOUND TO COME To ~.
Law Mai Not lie Passed This Year or Next,
Hut u successful Nov" In That Direction
Would Not surprise Him at Any Time
Why lie l. Against Capital Punishment.

this state viii yet eliminate capital punish
ment from It's crimlnal code. Many years o'
earnest opposition TO capital punishment have
taught Gen. Curtis the folly of overconldeace
He does not promise that the law will be-
changed at this session ~ the Legislature or
the next; though II would not surprise him
greatly to sec such n thing occur. Gen. Curtis
began his fight against tho capital penalty
soon after the Civil War. lie sought election
to- the Legislature as much for the sake OF advo-
eating the abolition OF the death penalty as for
any othor object.
At every session Of the Legislature from 1894
TO 1890 he introduced Il bill embodyinR his
ideas. In 1890 tho bill PASSED the Assembly.
but was not allowed to reach a vote in the
Senate. As a non Der OF Congress IN 1892. Gen.
Curtis was instrumental In getting through
the present law Of the United States regarding
the punishment for murder. At that time
there were some nineteen or twenty crimes
punishable by death under United States
statutes. Under the new law Of 1892 the only
crime punishable by death was murder that
was the result OF "prcmeditatrd malice. or the
attempt 10 perpetrate rape, arson. robbery
or burglary" And even then death wa. only
the alternative punishment. The statute rcai l.;
shall suffer death or Imprisonment at hard
labor during life. in the discretion Of the Jury.
such discretion to be expressed In their v"r-
dict" Since then. almost without exception.
Ncrdicts Of guilty have teen rendered by Iuries
in United States courts trying murder cases
with the words without capital punishment
Iy correspondence with the United States
Judges and District Attorneys all over the
country. Gen. Curtis has learned that a great
many more convictions have been obtained
since the passage Of the law than before. and
that trials have been much less expensive and
much quicker.
IT has never been a sentimental or merely
ethical question with me-" said Gen. Curtis
the other day. taking OF his, work 1T Is sim.
~ a reform that ia needed for, the good Of
society. | believe. and the friends associate
with me believe. that the abolition OF the death
penalty will decrease the number Of murders
thai are committed. wil max" convictions
more certain, VIII make witnesses nor" will
ing 10 testify and to testify truthfu, ~. and viii
forever do away with the Horrible uncertainty
81 crcum-tautial violence. | have no " Sh
10 comment upon the triai now absorbing
80 much o. the public attention but it very
well illustrates The harm done by the
capital penalty. Witnesses are reluctant u
testify because they fear that thar tes-
timony may be the means Of brluaing
death to a fellow c]r"ature, a friend, have
thousands and thousands Of dollars. II the
penalty TO follow CONVICTION were not u, ath |
DO not think that all these things would be
b'''NNilps ~ i'AtlNl ~Il'i''hH NV
who'll issue a. 10 gui,t or Innocence. IN most
cnuital triai- the question Is not 15thu prisoner
guilty? but Shall the prisoner ha.g| Again
aud again IuTies bring ia v"rdIcts Of not gu ny
when the facts are such that thry must have
absolutely ignored then % reach such verdict.
The circumstances OF the murder may be such
that the Jury does not believe that the extreme
penalty should he visited upon the accused
But they know that he j. iilty and that If
they render Il verdict In accordance with ths
facts they will force tho ia ige toopronounce
the death sentence. lie has no option. And
the Jury solemnly rronounces the prisoner not
The aim Of criminal laws is the prevention
ofcrime. AMI punishments prescribed to pro-
mote that end should possess qualities most
likely to attain It Justice James Wilson, In his
charge 10 The Gran" Jury at Easton. Nov. I.
iIhl. stated the qualities which render laws fl
nreyent!yes o, crime to BE-; first,
tainty, The punishment Of death po-sess-s
neither otthese Qualities, but their opposltes.
The death PENALTY does not deter men from
committing crime but tends to inclte them To
disorder. as shown in states which lnflct the
death penalty a%trocious crimes increase. while
In nOn-capltai States they decrease.
The death Uenalty prevents the speedy en-
panelilng OF Juries and deters witnesses from
appearing in court and giving testimony in "a
clear and positive manner. thereby delaying
the Proceedings of the courts, multiplying
expenses, and le'eat,ng the objects for which
they are instituted, the ~aifording su!tor~ the
means ot obtaining speedy Justice and the pro-
lection of property, liberty and life. Lxecu.
tons horrify Hnl hrutali2e the sensitive and
Young, rouse tie vicious, POSSESS no red"emlng
feature. imprisonment gives an example a..
much more effective a. tho days Of confinement
exceed the moments OF an execution.
History and statistics show that in every
civilized, weiI-estab.ished government and
State in which the death penalty hi, bccn
abolished the results have been satisfactory
and the crime for which it has been inflicted
has decreased after its abolition and none have
restored Y alter giving 1t a REASONABLE" time to
est its cficiohcy,"
ntNf.I thn nNatnnlas ~ NIshinnu urhigp,
abolished the death PENALTY n 1871 Rhode
ESS,"sf2i +, %ir n Psii. # re it is5'i |, Mains Ia Isss FS n@t abel aSSi.
i,Heiit again in 1881 Iowa, which aboI she'd il
in ~! au partly restored i in 1919 allowing
iar,G' to i''r ,hsy , the -, 1e1'h penalty Ins in rd the
atty IN 1907; IN ali d these States,
makers and Of the courts had been that murder
WAS much more surely punished than II had
been before, Con. Curtis has statistics to show
that murders have not increased in any OF these
States and In some Of them has decreased:
while the percentage q unpunishcd crimes has
been s,1Ga,ly iessened; Al the Generals re.
about the working Q: the milder pun.
ishments 'or murder in them Ia
been abolished. but II has been held In ab'y-
ance for many wears The Minister there re-
ported 10 the state Department that there had
been a great d~tminutlon OF murder in Belgium
since 80. when the enforcement Of the PEN
atty was discontinued. although the porula-
ton Of the country hal increased, pOrtu-
gal abolished the death penalty in 1881
and has bad less murders since. Italy, which
gave up the capital penalty in 1870. has.
as yet, no reason to he sorry for having done
80. The same conditions are true OF fifteen
OF the twrntv-tWO cantOns Il Switzerland, Of
Venezuela ana Brazil. In Ecuador and tie
Unitcl States ot COlombin there has bean a
con siderabl" increase IN the number Of MUIR
ders that followed the abolition Of the DE- ath
penalty. These countries do not com under
Gen. Newton classification OF countries that
are well enough governed to enjoy the tull
benefits nj the lighter peHaltie, for murder. In
England in lSli' there were no less than 223
offences punishable by death. The number
WINS reduced steadily until now the lIst includes
only high treason, murder, piracy. burning u
shl rs Of war, public lo"kyartS or a~rsenais.
Between lSW aud 1874 there were. As far as
Gen. NrwtOn'S statistics show, $40 legal cXe-
cutons in the United States: in thai same
these IYnch!nEs were IN States where m" death
penalty had been ahplI she'd. Gen Newton il
rather glad for tn. sake OF his movement that
the Hon. Thomas Bracket Reed j. now a re-i-
dent Of this state. The speech Of Mr..
Rnel before the Main, Legislature on
Feb. ~. 1853. IL one If the strong
est documents in the propaganda ot the
opponents Of the death penalty. Gen. Curtis has
PREPARED a most elaborate photography Of tho
literature Of the question, His speech before
Congress On the occasion ofthe reporting from
committee Of The Federal murder law. which
has been referred 10 before, contained uuOta-
tons from sir Thomas More, Sir William Mern-
attn. Sir samuel Rpmllly. Jrromv beuthtm,
Earl I,r,V Lord IrDugLnm | Hfnypttn Thomas