The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-04-17

From Boston it is reported that 1900 o
men and women of Massachusetts, have
signed petitions urging clemency for a
man convicted OF murder, and it is pre-
dicted that the number will be increased
by at least l0O,O 900 when the last %prayerfor
Communication is presented to the Gov
in Council. The condemned man
had every benefit Of the admirable adj
minlstration Of justice which is pro-
vided in Massachusetts during his trial
and'the subsequent appeals. The prose-
cution Of the case has been compli-
mented highly by competent authorities
for its fairness, moderation, and restraint.
Yet a large number of citizens of the
Commonwealth believe that the pen
atty provided by law for the crime of
which this person was convicted should
not be imposed.
A strong public sympathy appears to
attach to all persons condemned to
death, but the practice Of seeking modi-
f1cations Of judicial sentences is by no
means confined to cases in which this
is the penalty. In New Jersey there is
a movement, which has the support Of a
considerable number Of citizens of repu-
tation and good standing, to procure a
pardon for a s~elf-avowed anarchist, who
is now serving a term of imprisonment
for Indictment to riot. This movement
is young. 1t will be interesting to watch
It's growth. Instructive, too, will be the
history Of the agitation in the same State
for olemency for certain young men
imprisoned for a particularly horrible
crime, whose trial created great excite
ment during its progress. II is not in
credible that many who one cried
loudly for their punishment will be found
praying for their release from prison,
Such popular appeals for relief from
the action of the law. made in behalf of
criminals Of all grades and characters,
are due in part to a perverted sympathy
for the under dog, in part to political
motives, and in part to the constant
efforts Of the guilty persons kinsmen
and friends. They gain adhcrents be-
case of the thoughtless willingness of
thousands of citizens to sign petitions,
and through the gradual fading from
public memory Of the act or acts that re-
suited in putting the victim in his I'M
happy plight. 1t Is easy to convince
people that evidence has been admitted
or excluded improperly or unfairly; and
tales Of prejudiced judges, jurors ami
mated by private revenge and similar
preposterous yarns travel fast. Besides,
it is always urged that the prisoner is
penitent, reformed, dedicated to a new
life; usually a pathetic family history is
revealed. Sentiment is easily aroused.
and it oversweeps every dictate Of
reason.
To refuse a pardon or Communication
of sentence, or restoration to citizenship,
is the most unpleasant and dreaded duty
of the official or board in whom the power
lies. Leaving out of account the abuse
and threats that accompany almost
every prayer for clemency, the humane
rhan shrinks from inficting pain or caus-
ing distress. Yet, more frequently than
not, criminals receive lighter punishment
than they deserve. The proportion of
~unjustly convicted men is infnitesimal,
ana Judges are lUOIb OlltU 100 leuleII
than too servere. Nine-tenths of the
numerous petitions so freely signed
ought neve to be circulated. OF the
others, an overwhelming majority ought
not to be granted. Nor should the
wild threats, the measureless abuse of
Judiciary and Executive, which have
come to be regular features of these
campaigns in behalf of criminals, be
tolerated. The prayer for clemency is
being used to cast discredit OF the opera
ton of government to an extent that may
bring serious disorders. An adequate
recognition of the reasons for furnishing
lawbreakers appears to be lacking in
many quarters. The exercise Of a little
intelligence would not be out of place,
even when a request is made for tho
reversal of q judicial judgment.