The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1914-03-14
COLEMAN'S MURDFRERS
ESCAPE DEATH PENALTY

MI. fDllSDOIOuSi SGlu llidI uc lieiu
learned from answers to letters to
lawyers in Al States that in Ia death
is still the sole penalty for murder in
the first degree. 22 as in Maryland,
provide an alternative, some imprison-
ment for life and others FOR 81 years,
and in five States the death penalty
has been abolished. Through Para
ways crime might be defined by law
as murder in the first degree, it was
only so technically, and the Court
could say whether it was such strictly
and actually.
i Twelve jurors had found that there
was no intent in the mind of Mable.
The Court could not hold it fair to in
flict the death penalty upon PARKWAY
whether Is or II years old, for his
first offense, which only technically
! justified its infiiction. He did not
| think that any Court clothed with dis
cretion would be disposed to inflict
death upon any boy of Paraway's age,
| and this Court would hardly do so in
case of technical murder IN the first
| degree.
Mr.. Vickers declared that Paraway's
crime was murder in the first degree,
if it were so only technically, but the
State had proved it to be wilful, cold
blooded murder. In d trial of the
case before the Court, the people had
the right to expect but one verdict.
Talk of Paraway's magnanimity in
seeking to save Mable! There never
had been presented a more shocking
exhibition of brutal callousness than
he had given in telling his story of the
crime.
He had told Mabe's jury there could
be but one fitting verdict-murder in
the first degree--and so help him God,
he would now tell the Court that such
should be it's verdict as to PARKWAY
with the death penalty imposed. For
the people of Kent county; for the SAT-
ETY. of their homes he asked for such
verdict and such penalty
With the close of the argument,
Court, at l:15 p. M, took u recess for
half an hour. After the recess Para
way was told to stand up in the dock
and Chief Judge Constable announced
the verdict as murder in the first de-
gree, but stated that he differed with
his colleagues as to the penalty. He
asked if there were any reasons why
sentence should not he at once im-
posed Counsel for the prisoner re-
piled there were none, and Judge Ad-
kins sentenced PARKWAY to life i'm
prisonment.
Speaking for himself and Judge
Hopper, Judge Adkins said it was
right and proper to state Why the ma
jority of the Court had exercised their
discretion, which they We're bound to
do under their oaths. The Court ought
not to shrink from imposing the death
penalty, if required or justified by the
facts of the case. The majority of
the Court did not think that the case,
viewed as to all its facts, required the
death penalty. People generally did
not realize the awful meaning of life
Imprisonment to the convict or its eff
fectiveness as a deterrent to crime.
The argument that the Court should
defer to public sentiment should neve!'
he advanced. Jurors who might be
biased or prejudiced We're not allowed
to serve nor should judges who would
yield their judgment. The punish
ment given PARKWAY was based on eN-
tenuating facts of the case-his youth.
his mental capacity, study of his head
and features and doubt as to premadi
tation Of the crime AS the Court he'd
the discretion they were bound to eN-
ercise it. if they entertained reason
able doubt.
Chief Judge Constable said he hesi
tated to state why he differed from
his colleagues as to the sentence. He
had the highest respect for their iudg-
ment, but he could never have brought
his mind TO agree with theirs. There
We're no eXtenuating features of the
case; the only ones that could be al
lowed any weight were his age and
mental capacity, but these did rot
merit the Courts discretion. If the
discretion was to be exercised upon
such excavations, he fervently hoped
that the Legislature would finally pass
the Beck bill (already through the
Senate) taking it away from the
Courts.
The murder was most cold-booded
and the result of conspiracy. He did
not think life imprisonment served as
deterrent to murderers. He then
gave Mable the highest penalty fol
murder in the second degree-1S years
in the penitentiary-and Court wa:
adjourned until Monday.
PARKWAY and Mable, in charge OF
Sheriff William E. Wright and Deputy
Sheriff John C. Bolton, OF Kent county
were taken to Baltimore on the BIS
train, and lodged in the Penitentiary
Monday.
Court met with Chief Judge Con.
stable and Associate Judge Adkm.
present, and considered the case ot
George Short, II years Old, of Elkton
inquiring. as recommended by the
Grand Jury, whether he was a neg
lected minor. The boy on January &
had shot and killed Paul Mccall, a {
year old playmate, while firing re
volver which Shorts eldest brothel
had left at his home, 1t was show
that the boys mother, whose husband
Zebulon Short, lives near Cowentown
had been acting as housekeeper foI
seven years past for George Dick, wht
does not live with his wife, and tha
the boys surroundings were such a.
to require that for his future welfare
he be taken from his mothers custody
The Court, accordingly, ordered tina
he be committed to St. Mary's Indus
trial School R1ltimorp fill he ShOItl,