New-York tribune., 1904-08-09
NEGRO MUST PAY PENALTY
PRESIDENT SO DECIDES.
S,cjft Justice VIII Tend to Stop
Lynckings, He Declares.

Washington. Aug. S-President Roosevelt has
declined to interfere in the case OF John w.
Burley, a negro confined in the District of Co
luInbia Jail, under sentence Of death for GRIM
inal assault. the victim having been little girl
four and half years old; and has directed that
the sentence be carried into effect on August
20, as decreed. An application was made to the
President to commute the sentence of Burley to
Imprisonment for life it being alleged that the
prisoner was of so weak mind not to be re-
sponsible for his crime. The subject was re-
ferred to Attorney General Moody. who investi-
gated the case and reported to the President to-
day fully as 10 the facts.
In rejecting the application for communication
of sentence. President Roosevelt made the fol-
lowing memorandum:
White House Washington Aug s. 1904.
The application for the communication OF SEN
tence of John w. Burley is denied. This man
committed the most hideOus crime known to our
laws. and twice before he has committed crimes
of similar. though less horrible. character. In
my Judgment there is Justification whatever
for paying heed to the allegations that he is
not OF sound mind, allegations made after the
trial and conviction. Nobody would pretend
that there has ever been any such degree of
mental unSoundness shown would make peo-
pie even consider sending him to an asylum If
he had not committed this crime. Under such
circumstances he should certainly be esteemed
sane enough to suffer the penalty for his mon
Strous deed.
1 have scant sympathy with the plea OF IN
sanity advanced to save a man from the con-
sequences Of crime. when, unless that crime
had been committed, il would have been i'm
possible to persuade any responsible authority
TO commit him to asylum insane. Among
the most dangerous criminals-and especially
among those prone to commit this particular
kind of offence-there are plenty of temper so
fendish or so brutal to be incompatible with
any other than a british order of intelligence;
but these men are nevertheless responsible for
their acts. and nothing more tends TO encourage
crime among such men than the belief that
through the plea of insanity any other meth
Cd il is possible for them to escape paying the
just penalty of their crimes.
The crime in question is to the existence
of which largely owe the existence Of that
spirit Of lawlessness which takes form in lynch
ing. 1t IS a crime so revolving that the Grim
nal is not entitled to one particle Of sympathy
from any human being II is essential that the
punishment for II should be not only certain
but swift possible. The jury in this case
did their duty by recommending the infiction of
the death penalty.
1t is to be regretted that do not have
special provision for more summary dealing
with this type of cases The more we do what
in lies to secure certain and swift justice
IN dealing with these cases, the more effectively
do work against the growth Of that lynching
spirit which IS full of evil omen for this
people, because il seeks TO avenge one infamous
crime by the commission of another of equal in
fanny.
The application Is denied and the sentence VIII
be carried into effect.
THEODORE ROOSEVELT.