The New York herald., 1921-02-12
The Dilatory Sheriff.

1t would be a reproach to the law,
indeed, If criminal were allowed to
escape the just penalty for his offence
simply because of the forgetfulness
of his executioner. 4 negro con-
victed of murder in Louisiana was
sentenced TO suffer the death penalty
on the fourth day OF the present
month of February at the hands OF
the Sheriff of Ouachita parish. A
| parish in Louisiana corresponds to a
county in other States. The Sheriff
of Ouachita forgot his duty; he let
the 4th Of February go by without
putting the condemned murderer to
death. When he recovered his mem-
ory he found himself confronted by a
serious question of law. Had he any
authority to execute the prisoner
after the date named in the Judgment
and warrant of execution?
No embarra ssment would be caused
by such a lapse of memory on the
part OF the executioner of murderers
In the State of New York. We have
statute applicable to all cases in
which for any reason the death pen
atty Is not inflicted on the day origl-
Nelly fixed therefor. The prisoner
may be taken before the Supreme
Court In the county in which he was
tried, or the Appellate Division of
that court, or the Court of Appeals
at Albany: "Upon the defendant be-
ing brought before the court it must
inquire into the circumstances, and
if no legal reason exists against the
execution of the sentence, 1t must
issue its warrant to the agent and
warden Of the State prison mentioned
In the original warrant and sentence,
commanding the said agent ana war
den to do execution of the sentence
during the week appointed therein.
The warrant must be obeyed by the
agent and warden accordingly" New
York Code of Criminal Procedure,
section 504.)
1t Is evident that there is no stat
ute like this in Louisiana otherwise
the Attorney General of that State
would not have been asked for his
advice in the case of the dilatory
Sheriff of Ouachita. 1t appears, how
ever, that the law of Louisiana con-
fers upon the Governor of the State
L. -, Il -
death sentences and makes 1t the duty
OF the Sheriff ''to execute the crimi-
nal in conformity to the death war
rant on the date named by the Gov
ernor." Having the power to fix the
date of execution in the first instance
the Attorney General holds that the
Governor may lawfully fix ii second
time when, as in the present case,
there has been temporary failure
of justice owing to forgetfulness.
Some Louisiana lawyers declare
that this conclusion ignores the con-
stitutional prohibition against putting
n man twice in jeopardy for the same
offence. They say the negro's life
was once put in jeopardy when the
Governor originally fixed February 4,
1921, rs the date for his execution,
and that II will be put in jeopardy a
second time If the Governor now fixes
another date, as he must il the mur-
derer is to be executed at all. In
behalf of the Attorney Generals po-
sition It IS argued that the term "jeop-
ardy" in the Constitution has refer
ence only TO the submission of the
question Of a mans guilt or innocence
to the jury and does not relate at all
TO the time of execution In the event
of conviction.
II the Gaze were one OF premature
instead Of postponed execution II
might have been much more serious
for the Sheriff. He has no right to
deprive condemned criminal of the
last minute in which the Governor
might exercise the power Of reprievc
or communication. A delay. on the
other hand. affords the culprit no
ground of grievance. Railroad COM
panies have often been cast in heavy
damages for starting trains too early
but have seldom been sued with sue
cess because n train was late.