New-York tribune., 1912-01-13
DEATH PENALTY AT TIMES
Justice Chester Would Give Jury
Choice in Murder Cases.
BLOCK TO DISAGREEMENTS
Says Conviction in First Degree
Cases Is Often Impossible.
in This State.
rBy Telegraph TO The Tribune. !

Albany Jan. l2.-Suprcmc Court Justice
Alden Chester to-day expressed the opin-
ion that under present conditions the death
penalty should not be entirely done away
with lie believes the best solution Of the
problem is 10 amend the law providing CAPT
tal punishment 10y giving the jury convict
Ing a man Of murder in the first degree the
right to say whether he should be punished
by death or life imprisonment. He made
this statement when his views concerning
the announcements Of Governor Dix and
Colonel Scott, state Superintendent Of Pris-
ons. that they favor the abolishmcnt of the
death penalty were asked.
Justice Chester in his long career an the
supreme Court bench has presided over
many murder trials and thoroughly under
stands the problems that confront a jury
in such cases. lie believes that in many
cases the viciousness and deliberation with
which a murder is committed make neccs-
sary The death penalty. but that cXtenuat-
ing circumstances often make that penalty
TOO severe. even when the crime has all TN"
conditions oC murder IN tho first degree. i
is this situation. hc believes, that causcs
the many disarrcmonts in murder trials.
".Iuries often Will not convict a man "f
murder i'm the first d"Grc" because of th"
death penalty. even where they believe him
guilty" Justice Chester said. I'm these
cases some cxtcnuatinc circumstance Cr""ps
in. and the men on jury hesitate to render
A verdict which will result in tho death Of
the accused This i- generally the cause OF
a Disagreement
The criticism o( tho jury system now
because Of the many disaCrC"monts In mur-
der cases would he obviated II the law w"r"
amended so as to put II within the power
OF the jury to say whether q man convicted
Of murder in the hrst degree should suffer
the death penalty or life Imprisonment
such "a law is now in effect in several other
states. and has worked very satisfactorily
Iurvmcn would often declare a man guilty
if they knew the death penalty would not
he imposed"
Prison superintendent Scou to-day CAV"
on, a statement further explaining his atti-
,udc toward capital punishment. II" be
Ileycs 1t a relic Of harharism and that only
God has the right to TAX, human life. lie
expressed the opinion that civilization was
lowered by the infection % th" death rem
alty.
said. are 500 men convicted Of murder, -"
serving under ne sentences and - wait
ing the execution Of thc death penalty If
the life sentence Of c7& murderer is snf-
fciont wherein comes the greater deter
renee OF putting twcnty-s"ven 10 death
Superintendent Scott said that IN states
where the death penalty has been abolished
there arc no more murders than before, ana
that public sentiment is nov such that It is
difficult To obtain convictions where 'h"
death penalty Is in vogue.
Governor Dix concurs In IN" opinion or
colonel scott that the state should erect a
separate prison 90 %" used exclusively Tor
the execution of mgrdercrs Tn" Governor
believes that such an institution would re-
suit in n saving 10 the state and AT the
same time improve the discipline at the
other state prisons