The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-01-18
The Nelson Brothers Case.

The Nelson brothers OF OWatOnna,
convicted of murder and sentenced to
hang, stand a chance to escape the
death penalty. The board of pardons
has been asked to commute the sem
tence to life Imprisonment and the
friends of the murderers have beenvery
active in their behalf. The case is i'm
portant because it has already passed
the supreme court, which confirmed
the judgment Of the lower court and
delivered a notable plea for prompt
execution of the law against offenders
of all grades. Notwithstanding the
action of the supreme court the board
of pardons has listened to the friends
and attorneys of the condemned, and
has received from Judge Buckham,
before whom these boys were tried
and by whom they were sentenced, a
letter recommending that the sentence
be committed to life imprisonment.
In view of what has occurred at the
meeting of the board the probability
seems to be that his recommendation
will be accepted and acted upon. We
have no disposition to criticize the
action of the board of pardons. In
Owatonna, where the crime was COM
mitted, there is considerable opposi-
ton, some of which has found express
sion in the local press, against leniency
toward these boys. Sentiment how
ever, is not undivided there, and COM
mutation Is urged not upon the ground
Of doubt as to guilt, but upon the con-
siderations Of the age Of the culpr1ts
and the vicious influences under which
they were born and reared. 1T is con-
tended that society is quite as much
to blame for their deplorable predica-
ment as they are themselves.
This is dangerous theory to ex-
plot 1t cannot be conceded that the
individual is not responsible for his
acts and lay the blame upon society
for every crime that is committed. But
| of course, there is a middle ground
and it is such middle ground that
seems the reasonable and wise position
I to occupy in this case.
In many states capital punishment
has been abolished. It was abolished
for a time in Minnesota, and restored
again. It should not be abolished
again, but if it is to be retained that
result will be due to the wisdom with
which it is employed. Too strict ad.
herence to the death penalty for CAPT
tai crimes might produce a revuls1or
of sentiment and a repeal of the law Of
CAPITAL punishment. The chief OBJ.
lection to modification of sentence ir
this case, so far as we can see, is the
danger that it will ultimately result II
pardon It is not likely that any one
expected when the Younger brother!
were sentenced to the penitentiary fol
life, instead of being hanged, that an.
of them would ever get out on parole
But they did, and public sentimen
is certainly less aroused against thu
Nelson boys than it was against thu
Youneers, and it would be easier il
time to secure their pardon or lif'
parole.
This weakens the effect Of lif,
sentence and holds out the hope con
tinually that criminals, guilty of muir
der, may be required to serve the stat
for a time, but are ultimately prac
tically sure of release.
If the life sentence is to amount t
anything as substitute for the dealt
penalty there ought to be a provision
in the law making it impossible t
release or parole a life prisoner TO
I any other reason than upon evidenc
which would clearly establish his in
nocence. Society does not need tn
man who commits murder under an
conditions, and one guilty of tina
crime, If not visited with the deaf
( penalty, should be buried irretrievabl
: in the cells of the state penitentiary.
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