Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-03-04
DEATH FOR MURDER
Hanging Only Penalty in Dis
trict, Rules Justice Robb.
BARS QUALIFIED vERDICTS
Decision by Court of Appeals to
Have Far-Reaching Effect.

Dedlu ny HdHSlilS Is the Only puHlSH-
ment for murder in the first degree in
the District of Columbia.
1 he right of a jury to qualify its ver-
dict by adding the words without
capital punishment" is denied by the
Court of Appeals of the District of CO.
lumbia in an opinion by Mr.. Justice
Robb rendered today. The appellate
court holds that Arthur Johnson, color
ed. must eNpiate on the scaffold the
killing of John Ofenstein, a blacksmith,
in December, 1910. The execution has
been set for Monday, April u.
The decision Of the appellate court
sustains the finding Of Justice Wright
that the new penal code does not apply
in this jurisdiction. \ different view OF
and Justice Barnard of the District Su-
preme Court before the question had
reached the appellate tribunal. BY the
ruling of Justice Barnard Edward J..
Macdonald. it is thought, escaped the
death penalty and is now serving term
of life Imprisonment in the Atlanta peni-
tentiary for the murder of his wife, Ger
trude Macdonald.
May Affect Smiths Sentence.
The decision of today will play an i'm
portant part in the sentence Of James
Smith. convicted of a murderous assault
on Morris Bennett near Gitchfc Spring
last November 1t may have the result
of increasin the sentence to thiry years
Imprisonment The decision of the mo-
tion for new trial in the Smith case
has been deferred to aWaist the Johnson
decision. r..
d. w Baker, former United States
argued as friend of the
court that the qualified verdict is per-
missible and the penal code has super
seded the. District code in providing a
penalty for first degree murder. At
torneys Joseph Saloman and d. W. Baker
for Johnson, the condemned
man. United States Attorney Wilson was
assisted by Assistant United States At
torney Proctor and contended that the
ruling of Justice Wright that death alone
is the punishment for premeditated muir
der should be affirmed.
Justice Robb in his decision holds that
the provisions of the District code re-
lating to murder were intended to super
sede the provisions of the general statutes
relating to these crimes.
"A careful study of the District code,
saws the pustice, ''irresistibly leads to the
conclusion that Congress in its enact
ment stepped aside from its revision and
of the general laws of the
Legislature for It's nu ,icipality
revised and brought toSet or statutes sup
posedlv applicable to conditions here ex-
isting.'
Aimed to Simplify Code.
THE main object in thus bringing to-
yether these local Statutes" continues
Justice Robb, was to do away with
ambiguity, and provide for the people of
the Capital city compact code of law.
Congress-, % course, realized that condi-
tions obtaining in this comparatively
large city might in many respects differ
from conditions obtaining in other parts
Of the country under the exclusive juris-
d.ction of the United States. 1t also ap-
parently fully appreciated the wisdom
and necessity of providing such q con-
siderable number of people = approxf-
mately as many as are found in some Of
the states-with a concise body of law for
their government. rather than to leave
them to the mazes of the general stat
utes of the United States
The appellate court holds that the
words in chapters II and II. under the
exclusive jurisdiction of the United
States" do not include the District of
Columbia, as this District was not re-
served or acquired for the exclusive use
of the United States. The court expressed
the opinion that had Congress intended
to substitute the right of qualified ver-
dict which II knew had not existed In