The Hartford republican. (Hartford, Ky.) 18??-1926, 1904-04-01
Why White MurdererS in the
South are Not Hanged.


white man guilty OF murder cannot be
hanged In the South. In recent years
there have been many, perhaps
more than a hundred, such murderers
tried, convicted and given life SEN
tence in prison. A large number
have been liberated outright, though
evidence of their guilt was not lack.
ing. Those who have been executed
are so few that one could count them
on the fingers OF single hand.
Mississippi and Louisiana are the
only Southern sisterhoods that have
punished white murderers as they
should be punished, and we can re-
call only four OF them who have gone
to the scafiold In those States In the
past decade. Tennessee, In whose
welfare we are most vitality concerned,
has, to her account, numerous homi-
cides, which run the scale of crime
from self-defense to assassination.
And yet who is there among US that
can remember when a white murder
er was hanged In this State? With
the exception OF the mou ntaineers
who assasslnated the telegraph opera
tor at Shellmound some years ago,
can recall no other case where the ex.
IRENE penalty of the law was melted
out. In this one instance the assas.
sins were the "bad men" of the
county, regular Ishmaelites, and their
victim a popular inoffensive young
man. A great railroad, In whose EN-
ploy the murdered man was at the
time OF his death, ran the murderers
to earth and prosecuted them. Had
the State alone been depended upon
1t Is questionable If even these out
laws would have received more than
a life sentence. The railroad prepar-
ed Its case Thoroughly, and prosecuted
1t with a double motive-vengeance
and protection. The State would
have been inspired by no such feel
ings, and as the States attorney Is
usually politician, there are few Of
them that are not influenced by local
environs and the possibilities OF the
future.
Within the past week In our neigh.
boring town of Covington and In our
capital city OF Nashville two unusual
murder cases have been concluded.
Both were brutal assinsatlons, and in
each the jury returned a verdict of
guilty OF murder In the first degree,
with mitigating circumstances.
These were compromise verdicts. One
man on each jury "hung" it, and
could only be won over by an agree
ment to recommend clemency. In
each instance the trial Judge dis
regarded the recommendation and
gave the death sentence. New trials
were denied, and the cases appealed
to the Supreme Court. II that tribu.
nal can fud technical flaw, the cases
will doubtless be reversed and re-
manded tor a new trial. A year In
tervene, public interest has subsid-
ed, and with 1t the zeal of the prose-
cution. Again the case Is fought out
and as frequently happens In Shelby
county, as well as In the other large
counties, the defense brings Its man
clear by wearing the case out In
court.
This condition, which we all know
exists, is disgusting the people, and
is destroying reverence for the courts.
The old theory that a man accused OF
a crime must be tried by twelve of
his peers has been destroyed by the
cumbersomeness of the system. In
our large cities Juries are easily pack
ed and TOR long years professional
jury service has been standing oc.
cupation. Our temples OF justice are
infested with shysters, crooks and
hangers-on who make It business to
know who are the proper men for the
defense to keep on jury. 1t Is no
uncommon thing to see shysters sit
ting with the lawyers for the defense,
never examining witness, never ad-
dressing the court or the jury, but
Just sitting there. What purpose do
they serve? Simply this; They con-
troll one man OF the twelve, and they
get a fee for their moral sup
port" In keeping him in line. That
accounts for the mitigating circum-
stances" in so many verdicts In muir.
der cases.