Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1917-02-22

Delaware is facing today a most
important question for its progress
as a State-that OF legalized killing
While it is the right OF each to use
his reason, and decide accordingly
stiil the average man has given little
thought to this pivotal question, ana
II Is wise TO consider In a scientific
spirit the experiences of other states
and profit by what has been definitely
proved by them to be true. We are
side by side with the struggle OF
Pennsylvania to decide this same
question, and we can but note that
the decision against legal death, as
Il is called, Is upheld by the over
whelming sentiment OF the people OF
the state. the support and ardent ad-
vocation OF the governor, the judges,
lawyers. educators, ministers, bishops,
and many reformatiye and econom.c
organizations. II is significant that
II is the trained minds. those Of wide
experience, the earnest, thoughtful,
broad-minded men and women, who
are demanding the changing of the
present barbarous custom OF capital
punishment. This discussion has also
brought out the fact that I'm the past
many among the governors, judges.
members Of Board OF pardons, and
others connected with the system OF
Justice have long been strongly OPP
posed 70 capital punishment and have
parried out the law from a sense OF
duty alone, In flat contradiction TO
tho dictates OF reason and conscience.
The same is true IN Delaware. Some
or our able jurists, those connected
with our prison system, those who
have had experience on which to base
heir judgment-are doing the same.
DO we need q Mottern and Haines
case in Delaware to wake the State
10 its reason and conscience, or, Will
We now weigh in the balance the mass
OF evidence against legalized killing,
counter to which we can place little
except old custom and the desire for
revengel
Jesus said, ''rhey Of old time said
an eye for an eye and a tooth for a
tooth, but l say unto you resist not
evil" Tho idea Of revenge, OF punish
ment, Is the last stronghold or that
old teaching which Is being over
borne by the practice Of the teachings
OF the Christ It is Understandable
that the friends and relatives OF
murdered man are apt TO be possessed
by desire for revenge, but common
sense must also recognize that they,
while possessed by this spirit, are In
capable OF impartial Judgment. a
sense OF justice, or a clear vision OF
what is for the best interests OF the
community. The strong personal
feeling forbids II. We recognize that
In the impersonal, unprecedented atti-
tude we demand IN our jurors. A per-
sonal feeling such as revenge has no
Mace in a legal system, that aims TO
protect. and administer justice TO each
and all members of its state.
An argument often brought forth is
that Justice will not be done II the
death penalty Is removed-that there
will be so much better chance for
evading or mitigating the penalty. AS
a matter OF fact. justice is not done
now. The homicides OF year mount
into the thousands while the legal eX-
ecutions are from one hundred 70 two
hundred. There are very many loop
holes of escape It is n fact that crim-
inals OF wealthy families are seldom
executed. The courts are 10th TO in
0ict death on an offender IL there is
the slightest doubt OF his guilt, and
Il IS rather difficult to find cases In
which there is absolutely no room for
reasons why the Offenders should not
be held accountable in the strictest
sense. The fact that 1t is impossible
to definitely decide upon the line be-
tween sanity and insanity under given
conditions, is often taken advantage
Of. Then again, the shadow OF the
awful. irrevocable consequences of
mistakes, and the known fact OF the
execution in the past OF innocent
men, is a deterrent wherever the law
calls for the death sentence. There
have been thousands who have died,
firm TO the last IN declaring their in-
nocence. The effect of these on the
public mind is to walIen a revulsion
against q system that imposes the
most extreme. irrevOcable penalty
possible and Is not able to obtain alb
solute. infallihle truth on which to
base Il. Justice would be better serv-
ed by the imposing Of n life sentence
without parole-in the place OF
legal death. There would be more
lust convictions, and the consequences
of mistake would not be wholly irrem-
ediablel
Another argument that history has
been refuting for two hundred years
is that the death penalty strikes ter
TOR TO the hearts of all possible onen
ders and keeps them from murder
Let me quote Samuel w. Cooper,
we'll known Philadelphia lawyer;
"In England, as late as 1918, dealt
was the penalty for more than l5l
different offences If you associated
with gypsies for a month or wrote al
anonymous letter dedanding money
or stole goods TO the value of a shill
ing. or more. or maliciously marreS
Westminster bridge - for these Of
fences. and many others, you might b
hanged. In consequence, hanging'
we're of daily occurrence. When Sin
samuel Romilly, WHEREFORE. and
other reformers, sought TO do away
with capital punishment for these mi
nor offences. they were met with ter
rible outcry upon the part OF judge.
statesmen, and others, that the ehec'
would be 10 wreck society and caus'
chaos and anarchy, yet such crime
have decreased since the penalty wa
abolished
.tr,-.s r-fs.h.a ,o,ffaI puuiSh.