The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1912-12-03

f'ritz murdered Walter r. Watson
a white man, for the purpose OF ROD
| berry. Two associates OF the defend
| ant took the stand against him and
went free under the immunity section
of the constitution. Fritz was ar
raigned two weeks following commits
sion of the crime and was put to
trial two days after an attorney had
been appointed by the court to defend
| him. In the interest OF justice, the
appeal court says, the sentence OF
death Imposed by the lower court
is reduced to life imprisonment AT
hard labor in the penitentiary. The
appea, court has authority to reduce
but not to increase penalties. It's
prerogative has frequently been in
yolled to cases dealing with minor
crimes. but this is the first instance
since Oklahoma became state OF
its application to a capital case.
The courts opinion, delivered by
Judge Doyle and concurred in by
Presiding Judge Furman and Judge
Armstrong, deals at length with the
powers possessed by the governor to
pardon, commute sentences, etc, and
that given the court to reduce SEN
tences. holding that the courts pow
er is not in conflict with the eX-
elusive authority held by the gov
ernor. The opinion says in part;
No Conflict Of Authority.
The power to pardon, parole, re-
prieve or commute is vested in the
chief executive of the state, and this
it. is suggested, is the source from
which relief must be obtained in
such cases as this, and that as it is
the settled policy OF the present gov
ernor of the state to commute in
all cases where the death penalty is
imposed. no exception would be
made of him in this case.
THE power of this courl to mod
ify a judgment ;nflicting the death
penalty to Imprisonment for life,
when deemed proper in the fur
therance of justice, is in no sense
the Communication fthe sentence i'm
posed by the lower court. That
can be granted only by the chief
executive of the state ana is grant
ed or refused as matter of dis
cretion or clemency. The judicial
power to modify a judgment and
sentence and the executive power to
pardon, parole or commute are
wholly distinct in their nature the
one is an award of Justice the other
an act OF grace. The fact that the
governor has the power to commute
does not abridge the defendants
right to appeal to this court for
relief. In other words, this provis-
ion OF our criminal procedure act
makes it the duty of this court to
review the record and in a proper
case, il necessary, and in the fur
therance of justice, modify the
judgment so as to prevent the i'm
position OF punishment which the
Capital Punishment Essential
In this case we think the judg-
ment and sentence should be modi-
fled TO Imprisonment for life at hard
labor. In reaching this conclusion
we do not wish to be understood
as favorlng the abolishment of cap
ital punishment as penalty for
murder. We think the capital pun
ishment as a penalty for murder in
the discretion of the jury. is essen
tial to the security of society, and
we have no sympathy with the sick
" sentimental humanitarianism,
which, in the exercise OF a mawk-
ish sympathy for a heartless, un-
feeling, felonious assassin forgets
and wholly ignores the innocent
murdered victim and the necessary
safeguards OF society.
'1f capital punishment should
be abolished without some limita
ton Of the pardoning power in con-
victions FOR murder and the indis-
criminate exercise of the pardonins
power in this class of convictions
would continue, We can not help
but believe that convictions for muir
der and manslaughter in the state
would then in many cases be but
mere mockery OF law and jus
tee"
Another opinion of the court was
by Presiding Judge Furman revers