Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1914-03-10

FAVORABLE REPORT
Senator Tavener, Patron of Bill, Says
We Are Living in an "Age of Re-
form and Mending."

forEl and Mendlng.
Richmond, March 1O.-What is
known as Senate bill No. 100, giving
juries in the trial of first degree
murder cases the alternate of i'm
posing life imprisonment instead of
the death penalty, patroned by Sena-
tor Frederick S. Tavenner, of Shen-
andoah, and which was passed by
the Senate Friday night by an over
whelming majority, was reported
out OF committee in the House yes
terday and placed on the calendar.
Senator Tavenner said that he has
every reason to believe the bill will
pass the House at this session of the
General Assembly. He has secured
powerful patronage for the measure
in the House, and is sure it will be
well represented on the floor in de-
bate.
The text Of the bill is as follows:
q. Be it enacted by the General
Assembly of Virginia, That section
1868 be amended and re-enacted so
as to read as follows:
Section 1868. Murder of the
first degree shall be punished with
death, or in the discretion of the
jury by confinement in the peniten-
tiary for life"
"This bill does not itself propose
the abolition of capital punishment,
and gives juries the alternative of
life imprisonment only in the case
of first degree murder. The meas
ure was introduced by me in the
hope that the scope Of the bill will
be enlarged in years to come. 1t is
not impossible that amendments
looking to the extension Of the ap-
p;ication of the bill may be intro
duced in the House at this session
"My reasons for introducing and
pushing the bill are three. The first
is that miscarriage of justice are
frequent in trials of first degree
murder, because jury, under oath
to impose the death penalty if the
prisoner is found guilty, will otter
fail to find him guilty or will reduce
the crime to second degree murder
to escape infliction of the ultimate
F, punishment.
"Secondly, in murder cases feeling
often runs very high, passions O.
people get reused to white heat, ano
! the temper of excitement of the pub
! lie minds affects the minds Of thu
i iurymen in spite Of all efforts t.
; prevent it. The crowd in the court
! room as it conducts itself leaves al
indelible impression in the minds o.
the men on the jury. These thing
have the force of causing the deaf!
penalty to be inflicted in many case
where it justly is not due. A cas-
may completely run away with
, Jury. This bill gives the jury al
opportunity to guard against a yer.
natural. but also very terrible, mis-
take.
"In the third place, this age
one of reform and mending, not o
retaliation. 1t is a time to max
i and not to mar. Men are comini
more and more to believe in the ex
ericse of firm human kindness, an
not quick retribution without
ck once for betterment in the Grim
nal.
! "a majority of the States of tn
Urion have already either adopte
:. lisea imprisonment as puni9 hment fo
: first degree murder OR haY ESQ. fixe
| the laws governing the trial of case
that the jury has this al ernative
the Judge may so instruct the jur.
Virginia needs to take het place
this list. The Rhode Isl and Stat
Commission for the Revision
Criminal Laws in 1913 reported ths
there was no wish on the part of tn
mmission to return to capt;
punishment in thst State.
! The Tavenner bill was introduce
in the same form at the session
: the General Assembly of 1912, Wa
:, reported favorably out of connnltte
: reached the calendar of the Senar
but never came to vote.