Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-01-22
The Death Penalty in Maine.

hoo, introduced in the Legislature as
ders in the southwestern part of the
state and is certain to revive all the
old arguments which were made so
familiar in the agitation which re-
suited in the adjustment of the death
n,nalty In 1887. The movement. this
winter. has strong support and it is an
undcaiable fact that public sentiment
has been much aroused by the particu-
lsrlv deliberate and brutal murders
v hose details have so shocked news
paper readers Of late. Maine is now
one of five states which refuse to put
TIER murderers to death. The others
} are Rhode Island, Colorado, Michigan
and Wisconsin. Iowa recently re-
stored the death penalty after having
a abolished it i'm 1872. In Kansas there is
strong movement on foot to extend
the death penalty SO that it may cover
the original crime alleged against the
negro who was burned at the stake in
| I.eayenworth last week. On the other
hand. it is pointed out that bills
abolishing the death penalty were in
troduoed. last week. in the Legislature
OF Massa chusetts and New Hampshire.
though il is held that in neither state
do they have any chance of passage.
The history of the death penalty in
Maine is Of much interest at this time.
When Maine became a State in 1870,
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 rob
berry was reduced To imprisonment for
Efe. In 1891 the law was further modi-
fed 80 that one convicted of murder
and sentenced 10 be hanged. should
be confined IN the State Prison a year
and 4 day. before execution. and until
full record Of the proceedings had
been submitted to the executive and
until such time rs the executive should
issue his warrant ordering the execu-
ton.
In 1874 the law was further modified,
requiring that al persons under SEN
tence of death. should suffer solitary
confinement and hard labor in the
State Prison, until such sentence was
&c rricd into effect. Ii will be seen that
by the law of 1897, the execution Of The
death penalty was, in measure. loft
to the discretion OF the executive. since
which he was. by law. compelled to
issue his warrant Of execution. The
res possibility thus created. was so
great and the sentiment against the
death penalty so active and aggressive,
that there was no execution in this
State for nearly 80 years.
In 1867. the Governor called the at
tention Of the Legislature to the fact
that there were ten persons under SEN
tence of death. confined in the State
Prison. one of whom had been there
over twenty years. He suggested that
the penalty be abolished, or the law
so changed as to require the Governor
to issue his warrant of execution
within time certain and fixed. In
1869 law was enacted requiring the
Governor and Council to review the
finding Of the court in cases Of con
viction and sentence of death. and
commute, pardon or cause the prisoner
to be executed within a certain length
of time after the date of the original
sentence.
In 1870 and again in 1874 the Gov
ernor entered his protest against the
law Of 1869. declaring his belief that it
was unconstitutional, since it imposed
juridical functions upon the executive
department. In 1875 the Legislature
amended the law of 1863 so that the
Governor was required to issue a war
rant of execution within fifteen months
of the date of sentence. In 1876 the
death penalty was abolished alto
gether- In 1883 the death penalty for
murder alone was re-established In
1888 the Governor, referring to the
death penalty remarked that there had
been an unusual number of cold
blooded murders within the State dur
ing the two years last past. and that
the change in the law relating to muir
der had not afforded the protection
anticipated. In 1887 the death penalty
was again abolished
Never again." laments the unhappy