The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-08-09
NEGRO
WILL BE HANGED
Plea of Uns0und Mind Failed
TO Move Roosevelt.
NOT A CASE FOR SYMPATHY
COMMENT OF THE PRESIDENT IN
DENYING APPLICATION.

Washington. Aug S-President
Roosevelt has declined to interfere in
the case of John w Burley, a negro
confined in the Jail of the District of
Columbia, under sentence of death for
the crime of criminal assault. the vic
tim having been a little girl AZ years
old. The president has directed that
the sentence of the jury be carried into
effect on Aug. IS, as deereed-
An application was made to the pres
ident to commute the sentence OF Bur
ley to imprisonment for life, It being
alleged that the prisoner was OF MIND
so weak as to be irresponsible Tor MS
crime. The subject was referred 70
Attorney General Moody. He invesu-
gated the case and reported 10 the pres
ident today fully. as 10 the facts.
Presidents Comment
In rejecting the application for the
Communication of Burleys sentence
President Roosevelt made the follow
ing memorandum:
White House, Washington, Aug 8
1904.
The application for the commute
ton of sentence of John ". Burley is
denied. This man committed the most
hideous crime known TO our laws, ana
twice before he has committed crimes
of a similar. though less horrible char
acter. In my judgment this IS no JUS
tihcation whatever for paying heed to
the allegations that he is not Of sound
mind. allegations made after the trlal
and conviction. Nobody would pre-
tend that there has ever been any such
degree of mental unsoundness shown
as would make people even consider
senCing him 10 an asylum if he had not
committed this crime Under such cir
cumstances he should certainly be es-
teemed sane enough to suffer the pen
atty for his monstrous deed. I have
scant sympathy with the plea Of in
sanity advanced 10 save a man from
the consequences Of crime, which, un
less the crime had been committed it
would have been impossible to per
suade any reasonable authority to
commit him to an asylum as insane
Brutes Unfit to Live.
Among the most dangerous
criminals. and especially among those
prone to commit tEis particular kind
of Offense, there are plenty of a temper
SO hendish or so brutal as to be in
compatible 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 in
sanity or any other method. it is pos
sihle for them to escape paying the
just penalty. OF their crimes. The crime
IN question is one to the existence OF
which we largely owe the existence of
that spirit of lawiesSness which takes
form in lynching. It IS a crime so
revolving that the criminal is not en-
titled to one particle of sympathy from
any human being. It is essential that
tie punishment for it should be not
only as certain but as swift as posi-
BILE.
The jury in this case did their duty
BY recommending the inflicti1a of the
death penalty 1t is 10 be regretted that
We do not have special provision for more
summary dealing with this type OF cases.
The more we do what in US lies to secure
certain and swift justice in dealing with
these cases. the more effectively DO we
work against the growth Of that Iynching
spirit which is so full of evil onen for
this people. because It seeks to avenge
one infamous crime by the commission Of
another of equal infamy.
The a pplication is denied end the
sentence will be carried into effect
(Signed)
THEODORE ROOSEVELT