New-York tribune., 1910-12-21
DRUNKEN MAN NOT TO DIE
President Commutes Sentence of
Convicted Murderer at Honolulu.
HAS REASONABLE DOUBT
Intoxication, He Holds, May
Create State of Mind Incompat-
ible with First Degree Murder.

Washington Doc 20.-President Taft TO-
day commuted to life imprisonment the
sentence of death imposed upon John
Wynne at Honolulu. The President takes
the view that intoxication at the time OF
committing the murder may be urged IN
modification of the degree or the crime
Wynne. who was an oiIer on the steamer
Rosecrans was convicted of the murder OF
McKinnon. the third engineer of that yes
sci, in Honolulu Harhor. Inc evidence
showed that he was under the orders Oh
McKinnon and had often expressed grew
ances against him. Returning to the vessei
one night wynne passed McKinnon's state
room and saw him asleep with his head
toward the door. Wynne obtained ham,
mer and crushed McKinnon's skull
President Taft's Endorsement on the pa
pers in his own handwriting, is in part az
follows:
If Wynne was sober and in his right mind
there was ample time and opportunity LOT LOT
hin, to form a premeditated purpose to Kill
McKinnon and to execute 1t, and the eie7
naents of murder In the first degree would
all be present and require the verdict Slven.
Rut there is evidence that Wynne had been
drinking all day, and that When ne canie
aboard his gait was unsteady and ne was
in a drunken condition. II is Sunclent IN
nv Judgment to raise a reasonable doubt
whether his mind was in a condition capa-
BILE of that premeditation necessary 10 COIL
stitute murder In the hrst degree Inc
facts are consistent with the theory Inat
Wynne as he walked unSteadily by Mck1ii-
mons room and saw Mckinnon lying where
an attack was easy. suddenly conceived a
homicidal purpose to crafty his grievance
against McKnnon, which he had just been
discussing with one Bright. the second en-
9ineer. both in their cups, and. quickly pro-
curing the hammer, hit the head which lay
helplessly and tenptingiy exposed TO his
drunken impulse
There is considerable controversy as to
Wynne's condition after the deed. but IT
is clear that his breath showed that ne
had been drinking heavily, and his suose-
crying condition of confession The shock
of realizing what he had done was quite
enough to explain a change from condl-
ton OF drunken viciOuSneSS to thdt or a
more less sober admission or Suilt; III
this theory is sustained. as I believe 1T IS,
by one reasonable view of the evidence
then 1t constitutes the reasonable doubt OF
the existence of one element indtspensao Die
In making the crime of murder in the hrst
degree, to wit, premeditation.
Drunkenness is no excuse for crime. but
it may be inconsistent with state of 1nind
necessary to constitute a certain degree OF
crime OF course, If, after determining 10
commit murder. one gets drunk IN ORDER 10
nerve himself to the deed, the drunkenness
only points to and confirms the premedita
tion but where the purpose TO XIII Is
formed In drunken brain, the fntoxlcated
condition rebuts the inference OF premedl-
degree. The pardon attorney and the At
torney General have reached the same con-
cluSion In this case as that above ind1cateu
Judge Dole the trial Judge, in effect re-
ports that he concurs In TINS 1dea- Inc
Jury recommends Communication of the SEN
tence to life Imprisonment. For the reasons
given th, sentence of death will be COM
muted to one of Imprisonment for life.