The sun., 1907-11-09

was Immediately taken in the cases Of
four or ave such cOnvicts. =
The most notable instanceNwa that Of
Long Island City policeman who was
convicted Of murder i'm the second degree
at a Court Of Oyer and Terminer held in
Queens county in 1884 The prisoner had
killed fellow officer and upon his first
trial was convicted Of murder in the first
degree and sentenced to death. This
cOnv ction, however, was reversed by the
Court OF Appeals upon the ground that
the trial Judge had erred in his rulings
upon the Questions put TO proposed
jurors. The evidence on the second
trial was quite strong enough to have
justified the Jury in disregardng the
prisoners defence Of insanity and find-
ing him guilty Of murder in the first
degree. but they apparently entertained
some doubt a. TO the elements Of delib-
Grafton and premeClitatiOh and accord
ingly rendered verdict of EAarder in the
second degree. upon which tile Court inn
posed the only sentence then permitted
by law. TO wit, Imprisonment for the
offenders natural life
In the twenty-three years that have
elapsed since this sentence was pro-
nOunced repeated efforts We .ade 10
obtain from the Governor a communication
or pardon. The prisoners conduct was
excellent and the character and cOndi-
ton of his family was such as naturally
to inspire much sympathy for them. His
friends, however, were never able to
obtain a favorable recommendation in
regard to their application for Executive
clemency either from the District Attor-
ney who prosecuted him or the Judge
before whom he was tried, although both
were known to be kind hearted men and
indispOsed toward extreme severity in
any case Their view seems to have
been that the facts proved against the
prisoner wholly overcame the defence
of insanity which was interposed in his
behalf and that any COmmutatiOn or a
pardon was unwarranted unless the pen
atty which the law prescribed for murder
in the second degree W as practically to
be abolished.
As we have already indicated this
result has been accomplished in his case
and several others by the action Of the
State board under the new law In this
particular instance that board decided
that il was wise and best to release the
prisoner. without seeking any infOrma-
tiOn as to the expediency Of their action
from the trial Judge or making any
inquiry from him as to the facts Of the
case. The law does not require them to
make any such inquiry, and we do not
mean 10 criticise or question the correct
ness Of their determination either in this
case or any of the others 10 which we
have referred. Our purpose liz simply TO
call public attention to this change in the
quietly as almost to escape notice except
on the part of persons whom it imme-
diately concerns.
One possibility is worthy of note which
NAV not have been in the mind Of those
who brought about this legislation. 1t
will hardly help the agitation in favor Of
the abolition Of capital punishment for
murder in the first degree. Under the
amended law an accused person who
escapes capital conviction and is con-
victed Of the second degree Of murder
only may pretty confidently rely upon
being released from incarceration az the
expiration of twenty years if he behaves
himself decently in prison. This GER
tainly is one effect of the substitution Of
an indeterminates sentence for an absOlutt.
life term of imDriSOnInent