The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-03-04
TO SAVE HIS NECK
Kansas Officials Object to Ex-
ecutiOn of O'Neil.
Don't Want Record of the State
Stained.
MAY APPEAL TO TAFT
Governor Stubbs Asked to In.
tercede With President.
Has Never Been Legal Execu-
tion in Kansas.

1t is possible that Governor Stubbs
will intercede with President Taft to
try and prevent the hanging of Charles
O'Neil, the regular army soldier, at
Leavenworth March 20. Several of the
Kansas state officers have expressed
themselves as opposed to having the
states record stained by the occur
renee of such an event. Kansas has
never had a hanging since the state
was admitted to the Union.
O'Neil was recently convicted in the
federal court on the charge of killing
Mary Shapiro on the Fort Leaven-
worth reservation, and sentenced to
hang on March 20.
After the verdict of guilty was rem
dered by the jury. Judge Pollock rend-
cred a decree against O'Neil which
concluded as follows: 1T is ordered
that you be taken to the Leavenworth
county common jail and there held un-
til March 20. when between the hours
of q. m. and 4 D. m. you shall be
taken to some suitable place of execu-
tion in Leavenworth county and there
and then be hanged by the neck until
you are dead"
United States Marshal Mackey is now
preparing to carry OUT the sentence of
the court He has asked the Depart
ment OF justice to authorize the ex-
penditure of enough government funds
tc build the scaffold and to defray the
expenses of the hanging.
The marshal is not here but his chief
deputy, Frank FIenniken. says the
hanging win likely take place in the
Leavenworth county Jail yard. OF
course this has not been definitely set
tied.
Attorney General Interested.
Attorney General Jackson has adj
vised that Governor Stubbs take the
question up direct with President Taft
and ask that O'NeiHs sentence be COM
muted to life imprisonment. This would
be in keeping with the spirit of the
Kansas law which has abolished cap
and Leavenworth people have become
interested in the case and are circulat-
ing petitions asking the president to
commute the sentence and prevent the
hanging. Nearly all of the state Of
ficials are in sympathy with the move
ment. The governor. if he follows the
advice of the attorney general, will
submit an alternative proposition to p
President Taft won't commute the sem
tence that he then direct that the
hanging take place on the government
reservation.
state Never Had Hanging.
1.-THE soil of Kansas should never be
by human blood spilled from
the gallows,'' said the attorney gen.
eral kansas has never had legal
hanging since the state was admitted
and only two years ago capital pun
was even wiped off the books.
1 hope the federal government will en-
ter into the spirit of our state laws
and not permit O'Neil to be hung. But
if he must be hung, then hope that it
will take place on government prop
reservation-and not upon
soil over which the authorities of Kan
sas have control
"A hanging at Leavenworth would
be scandalous. There would be reg
ular mob there and it would be a dis
grace to the city. If it must be hang
ing then it should be held in a secluded
spot on the reservation where the fed
eraI soldiers could beat back the mob
and make of it a quiet affair"
Judge Pollock's decree is such that
the hanging can take place on the
If the authorities so decide.
O'Neil killed Mary Shapiro, his sweet
heart, in a fit of jealousy. She was
the maid in an army officers house,
hold at Fort Leavenworth