Daily capital journal. (Salem, Oregon) 1903-1919, 1913-03-17
The Humphrey Case.

Ihe press is connecting my ndule
with the Humphrey case, and as some
of the statements made are not alto
gether accurante, | ask the courtesy
of your columns for a brief letter.
1t is true that asked the governor
to grant reprieye, if he could do
nothing more, suggesting a week or
two. The ground on which | asked
that no execution take place on Good
Friday was that it would outrage the
feelings of a very large number Of
citizens; my own convenience was
secondary consideration, although Of
some importance to my own people
1t is not true that | have "repre-
sented a certain element opposed to
capital punishment" My mind is
open on the subject. The only eX-
cuse | can see for the practice Is the
supposed fact that it acts as det-
errent, which appears doubtful. But
unless life Imprisonment means more
than a few years in prison, it Ger
tainly will not act as a sufficient
deterrent. | believe that the law
should be amended in several re-
spects, so as to provide adequate pro-
lection to society; if possible, without
inflicting the death penalty. But the
present law as to Imprisonment and
pardons is inadequate.
The grounds upon which l have
sought a Communication in the present
case are not sentimental. l believe
there is grave doubt Of the guilt Of
these men. The only evidence against
them is their own Confessions Now
they are both of very low grade Of
intelligence, and the process Of the
third degree would infallibly con-
fuse them entangle them, and finally
involve them in contradictions from
which they would strive to extricate
themselves by giving the answers
suggested to them by their inQus-
itors. There is great probability that
the whole story was suggested to
them in this way, and then drawn
from them. Moreover, neither of
them was in the least familiar with
the law and its processes and terms
and even though warned in accord
ance with the statute, they would not
have been at all likely to comprehend
the meaning of those terms nor to
have realized that their statements
would be used against them. For all
practical purposes, they were COM
PEELED to testify against themselves,
a thing not only forbidden by the
law, but also subversive
of all justice.
Again, 1t must be remembered that
Immediately after their arrest the pa
pers were filled with Confessions
Of other crimes. Probably the gem
eral public still thinks they COM
mitted them. But 1t is a fact that
the defence offered at the trial to
prove by competent witnesses that
none of these other crimes were
committed at all, by anyone. BY the
rules of evidence as interpreted by
the trial court and sustained on Np-
peal, this evidence was excluded The
members Of the jury were familiar
with these other stories, and undoubt-
edly were biased by them. The papers
had called the Humphreys "multimur-
derers," and so the public thought Of
them. All who know the case now
admit that these other confessions
were fairy stories, without the slight
est foundation in fact They were ex-
tIacted from Charley Humphrey BY
newspaper men, unqucstionably by
much the same methods as those
used in getting the confessions on
which the state relied for conviction
of the Griffith crime, This certainly
casts much doubt on the validity Of
| the evidence used by the state,
There are other considerations re-
|spectlng the evidence which tend tC
Sustain the contention that the "con.
fessons" were suggested to these
linen piece by piece, and extracted
from them by the force Of stronl
Wills working on minds and Wills
barely worthy the name; but to state
them would necessitate reviewing the
testimony as q whole
AS a final consideration, these mer
are Of such rudimentary intelligence
that to execute them would be very
like hanging little children, Wher'
ever they have lived they have beer
known rs harmless, half wtted, in.
dustrIous fellows, but never as ever
passably intelligent, The fact thai
their parents were first cousins goes
far to eXp'ain their afflictlon
Permit mo TO say In conclusion that
am not yet without hope that the
governor will commute the sentences
In view Of all the facts in the case
BARR q. LEE.
Salem. Orcron, March II. 1913.