The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-21


creasing the number of homicides involves
much for thoughtful consideration.
1t should be remembered that homicides
we're on the increase when our statute
dividing murder was passed, and that fact
was one argument made in its favor.
Humanity reyolts at capital punishment
when put to the test in the jury box, and
experience had shown that many men
guilty of murder were acquitted altogeth-
er, and one purpose of the law was to
give the jury an opportunity to convict
in all such cases of murder in the second
degree, and experience has shown that
a great evil in that respect has been
remedied. Cases in point will occur to
the minds of the intelligent public.
There is an idea still prevalent, how
evel that severity of punishment Is
tried over and over.
Hume tells us that $4,000 thieves were
executed in England during the reign OF
Henry VIII, and that the bloody exhlbl-
ton did not diminish crime. Bose IN his
valuable WORK on Punishment says. When
punishment was most horrible crime was
most prevalent and life and property least
secure until it became an adage that
crime thrives upon severe punishment.
The criminal disposition is by nature OBJ
livious of remote consequences IN the pur-
suit of present qualification. The whole
history of social dealing with crime
proves beyond doubt that the theory of
severe penalties for the restriction OF
crime Is false and as obsolete as the rock
or the headsman's axe"
Mr.. Millikin. of Maine, in a debate IN
Congress in 1896, said: THE whole history
of crime in this country and Europe is
that it has not been diminished by severl-
ty of punishment, but rather by certainty
of punishment We have tried 1t IN my
own State. For long time we had
law which provided that a man should
be hanged for murder or other capital
crime He was not to be hanged, however,
until the Governor should -,sue his war
rant for that purpose. The Governor
never issued their warrants, so that we
had in practice Imprisonment for lie Tor
murder, arson, rape and other capital
crimes But some of our friends who
preferred to live by the code of Moses
rather than the code OF the Man OF
Nazareth, were urgent have capital
punishment re-established. We did re-
establish it. During the few years that
we hanged men for murder there were
more murderers In the State OF Maine
than we had before that time. We kept
that law on the statute books but few
years.
Charles Curry. in an able article in the
American Law Review of January Febru-
airy. 1902 says. 1T is admitted that the
death penalty does not appear to be OPP
nosed to Justice for when the death OF a
man is necessary for the preservation OF
society, it is always legitimate / think
however, it shfM be abolished and IT
appears to be - dying out IN all civil
lied countriess It tends to make crime
too notorious, il inspires a morbid ten
dency to commit crime; it has brutallz-
ing effect upon society and Is lrrevocabie
/ believe thai so ing as it exists there
will be unreasonaU aand feroclous mob
outbursts." 49,
The Rev. Williams Roberts. Of Bristol,
England, visited one hundred and sixty
seven convicts under sentence OF death,
and of these one hundred and sixty-four
had witnessed executions.
In my own experience as Solicitor 1
prosecuted two boys for the murder OF
their fathers. The first one had served
nv. and the second one saw the first one
hanged and the second murder was the
much more horrible one
The National Conference of Charities In
1888 made the following report: The IN
efficiency of criminal punishments at
present and throughout the ages is be-
lieved to be largely attributable to the
spirit of retaliation that pervades them !;
at least it may be safely said that the
deterrent principle, if not an entire tail
ure, has not yet found its true place IN
public punishment for crime. The san
culinary punishments of all history are
accompanied with numerous crimes. while
offences have diminished as penalties
have been softened.
1t must be evident to any reasonable
man who studies crime with reference to
its cause and prevention, that he must
turn for a remedy in some other direction
than severe punishments, especially If
they are retaliatory or revengeful and
cruel.
So the puzzling question still is. why
this increase in crime and especially as to
homicide.
BENJAMIN Rush, who wrote much and
wisely on the subject of punishment, held
that 1.-THE death penalty increased noml'
cides by lessening the horror OF taking
away human lite.
Lombraso, perhaps the greatest student
upon the subject, thinks it is because we
have studied the crime and not the GRIM
ipal Our State Constitution seems tc
concur in this view. It's language is 1.-The
object of punishment being not only to
satisfy justice, but also to reform the Of
fender and thus prevent crime"
Boise says: Most of the tremendous
burden of crime is due to ignorance oil
neglect in the training of children" HI
asserts that education is the chief speci
fic yet discovered for the reduction and
prevention of crime. This accords witt
the doctrine of Solomon
A writer in the Forum some years agt
undertook to show that the increase o
crime was due to the increase in the us
of Intoxicating liquors.
Senator Berenger, the great Frencl
statesman, attributes it to the laws ant
renal institutions of the land. and aftel
many years of effort he has secured thu
passage of reformatory law which it j
claimed has within ten years of imperfec
trial accomplishing wonderful results.
no may. no the seaflSQ of tn