The Washington herald., 1910-10-19
CHICAGos MODERN JEFFREYs.
Judge Kavanaugh Has Something
on Infamous English Judge.

Judge kavanaugh Has Something
on Infamous English Judge.
From the Memphis Aes-somitar.
Chicago can boast OF a modern Jeffreys.
man who delights in misery as misery.
OF Jeffreys it has been said By one who
knew that there was d fendish exultation
in the way in which he pronounced SEN
tence upon offenders. Their weeping and
imploring seemed TO titillate him volup-
tuously. He liked 10 scare them into fits
by dilating with Iuxurisnt ampliheation
on all the details OF what they had 10
suffer. Thus, when he had an opportunity
OF ordering an uniucky adventures 10 DO
whipped at the carts tail: "Hangman,"
he would say. Il charge you 10 pay par
ticular attention 10 this lady. scourge
her soundly. man. scourge her Till the
| blood runs down. It is Christmas; a cold
time for madam 10 strip in. See that
you warm her shoulders thoroughly"
Jeffreys has been held up as the person
| ihcation OF malevolence. the archetype OF
judicial infamy. and his name has been
loaded with obloquy 10 such sn extent
that the mere mention Of Il causes until
this day sensations OF horror and disgust.
But Jeffreys lived more than two cen
turtles ago, and two decades more than TWO
centuries ago he died and the world has
progressed much IN two centuries. cultural
ard humanizing influences have been doing
their work toward notifying rancor and
mitigating savagery, in courts Of law
especially. Almost every one believed that
Jefreys were an impossibility in the
present day
Fond delusion. A worse than JeffFeys
has arisen
Joseph Welcome, a murderer, con-
fessed murderer; horrible, diabolic muir
derer. had plead guilty. No punishment
which the law could inffict was too severe
for him. or could expiate his terrible
crime He merited no mercy and had
passed far beyond pity. All this con-
coded But In sentencing him. Judge
Kavanaugh took occasion TO say:
Welcome, you have committed ter
rible crime Your punishment is TO be
more terrible still.
The instructive, unreasoning horror or
/ mankind regards the death sentence as
1 a severe punishment. This idea is not
correct You are 20 receive a sterner
punishment; Your victim died but
once. You will die a hundred times;
you will suffer more the day you put
on your prison clothes than she did in
/ her death After that there viii only be
the hopeless. painful years from day 70
/ day. month 70 month. stretching out for
/ ever and In agony.
Tn four or FIVE wears the eternal soil
| tude and silence will begin to crush in
upon you like an iron weight You hear
! that street car bell ringing in the street
/ as 70 passes now? You will remember 1t
{ IN after years as the most exquisite mu-
+ sic. II Will mean hurrying crowds that
+ go where they Ike and do as they please;
+ il viii mean the greatest Of all pleas
I ures-freedom.
You can only dream OF IL by day and
I by night, and your dream viii be tor
+ ture unspeakable"
Judge Kavanaugh had no part or por-
/ ton In the infiction % pain or punish
ment II was not within his province
His duty was TO pronounce. not his sen
tence. but the sentence Of the law. There
I it began and ended. Had he not. Ike
/ Jehreys, been a man who delighted 20
I infiict pain by diating with luxuriant
application on all the details OF what
/ the condemned had 20 suffer. he would
have passed sentence as the law directs
/ He would not have gloated over the
/ prospective sUfeTings OF a human be-
/ ing. however degraded and infamous and
I criminal He would not have infamed
l the trembling wretch's ina gination by q
vivid picture Of what his fate was 20 be
/ He would not have antedated or antici-
pated HIS sufferings. In the law there
/ is no similitude Of vengeance. and pun
/ ishment is inflicted, not for the Joy Of
F paining the condemned. who is beyond
/ further harm-doing, but 20 deter others
/ by making an example OF him.
/ Judge Kavanaugh's cruel and uncalled-
/ for obiter dictum does not constitute n
crime OF such turpitude as that Tor
/ which he was sentencing the man before
/ him, but Il was such a breach OF pro-
/ priety, such a display Of ferocity. that
/ no just judge would be guilty Of. and no
I one guilty OF should be permitted 70 sit
7 IN judgment He should be sent cata-
/ putting from the bench into congenial
oblivion.