The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-12-21
TAFT SPARES A MURDERER
DHt M, M GOULD NOT NAV u
PREBEDITtTED CRIME.
Therefore President Decides Deed Was
Not Murder In the FIRST Degree ana
Cemnutes John wynne'$ sentence of
Death TO imprisonment for Life.

WASHINGTON. Dec ~ President Taft
made an unusual aud significant state
rnent exhibiting his opinion AS TO the es-
tent TO which drunkenness must be con-
sidcred in crime when to-day he directed
the Communication nj a sentence az death
To life Imprisonment. The sentence COM
7puted was that Of John Wynne, who was
cony ictnd IN the United States District
Court Of HawaIi IN November, 1908. Of
the murder oi man named McKinnon.
Gov. Frslr granted Nynns one reprieve
and the President granted another in
August Tins reprieve was extended to
JanuIrv { Communication Of the sentence
Wa ordered to-day.
After giving "A brief history Of the case
The President considered tho influence
that drink may have had on wynn-'s
mind. for It WAS clearly established that
hc killed M"kInnon with a three pound
hammer hy beating in his skull after a
d.,y ~ dissipation and drinking. Mckin-
non had attempted Ia -eC,.re Wynne's
iischarR.
III Wynue VA sober and in his ight
mind. SAYS the President. there was
ampl" time and opportunity for him to
form a pr"msCirsted purpose to kill Nc
kInnnn and To execute IL. and the els-
mants II murder III the first degree would
AL he present and require the verdict
given But there Is evidence that Wynne
had been drinking all day and that when
he came aboard his gait was unsteady
and h" was IN a drunken condition. IL is
sufficient IN my Judgment 10 raise a rea-
sonahls doubt whether his mind was in q
CONDITION capable Of that pr-medit alton
necessary Ia constitute murder in the
first degree
TIL. facts are consistent with the theory
that Wvnne as he walked unsteadily by
Mckinnons room and saw AIckinnon
living where an attack was easy sud
denly ConCeivNd a homicidal purpose 10
crafty his grievance against McKinnon.
whom h" had Just been discussing with
one Bright, the second engineer. both
in their cups. and quickly procuring the
hammer hIt the head which lay help
lessly and tenptinglv exposed TO his
drunken impulse There - considerable
controversy as to- his condition after the
deed. hut n - clear thar his breath showed
that he had been drinking heavily and
his subsequent actions show hum in an
excited. haf crying condition If con-
fs--ion
The shock ~ realizing what he had
don. was quite enough To- explain q
change from "A condition 81 drunken
viciou-n--s 80 that OF a more or less sober
admission ~ guilt. II this theory is
sustained. a. believe II is. bv one reason
able view ~ the evidence. then II CON
stitutss "A reasonable doubt 81 the exist
ence 81 one element indispensable in
making the Grim. ~ murder IN the first
degree. !. .. prem.ditation. Drunken
ness - no excuse for crime bur IL may
be inconsistent with n state Of mind
necessary to constitute certain degree
~ crime.
"Of course. If after determining TO com
NIT murder one gets drunk in order 10
merry. himself 20 the deed the drunken
ness only points to and confirms pre-
meditation hur where the purpose 10 kill
j. formed m a drunken brain the intoxi-
Gated C6sdIfi1n r"hut- the inference Of
prcm"iI'ntlOn necessary in order To nr ng
in q vsrHiIC- If murder IN IN" first degree
The ATTORNEY General has reached the
sam. conclusion IN this case that above
indicated Judge Dole the trial Judge
in effect REPORTS that ha concurs in this
idea The jury recommend Communication
OF the sentence 10 life imprison ment
For me reasons given the sentence 81
death will h" committed 10 imprisonment
for life