Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-09-11
THE SENTENCE

The morning papers on Wednesday
reported Loeb and Leopold calm In
face Of fate. A noon bulletin re-
ported Loeb and leopold sentenced
70 life imprisonment. The questions
raised over the fact that there are
moro murders in this country than
in any other civilized country on the
face Of the globe may here ind an
answer. The assurance in the minds
OF these young hends. revealed by
them from the inception Of their hor-
ribls crime now appears warranted.
Their calmness may now settle down
to placid permanency.
They have not been sentenced to
execution under the capital punish
mont law in Illinois on the theory.
prlAumably that they are mentally
sick. or deficient. Notwithstanding
the States alienists declared they
were responsible. As soon as they
may become mentally enlightened or
cured-and who are to determine
that. tho States arenists having
been discredited-what right has the
State to further restrain them?
We do not believe in capital pun
ishment where people insist that the
criminal shall be properly tried, SEN
fenced and serve his sentence. The
reason for capital punishment Is pro-
lection for society. Loeb and Leo
pold attacked society. The penalty
for the deed. about the committal OF
which there 10 not a scintilla OF
doubt. is capital punishment in their
State. Now one man. after the State
has appended q quarter million dol
lsss, after the alienists employed by
the State declare the, murderers re-
sponsible. after the most brazen def
ance shown by the criminals. impos-
81 on them only restraint. which a
long suffering public probably will
believe likely to be Of comparatively
short duration. He should not do
this because Of disbelief in the law.
which he IL empowered to admins
ter; II Ia not in his province to make
the laws.
! He has by his act discredited the
States alienists. This Is serious. II
the State Of Illinois Is employing dis
creditable alienists to determine
matters Of life and death then that
State menaces society. II the Judge
has rendered an unjust verdict he
menaces society.
One may not fathom the extent OF
the menace OF an unrighteous ver-
diet, or a common belief that it 10
unrighteous. It would harden the
heart OF every criminal and stimulate
the hope Of every would-be criminal.
It should arouse sympathy for every
criminal that suffered penalty for a
crime committed. who may not have
had opportunity to excuse himself
on account Of Elandular disorder. It
would DO these and many other
things. such that It would menace
society FAR moro than a hundred such
crimes as that Of these youths posi-
~ could do. or a thousand Herrins
could do. The burden Of proof as
to righteousness Is on the Judge.
It seems fair to assume that the
States alierists are as much an au-
thority within the limits Of their
province as. Judge Caverly IL In his.
We have not vet had opportunity to
read what excuses the Judge gives
for his verdict. We doubt whether
Il be within his power to give that
which the public win regard an ade-
eQuats explanation. The public's
memory 10 short but II recently has
had cause to remember that Harry
Thaw. who. but for his millions.
would have paid the penalty. 10 now
On earth and . menace to society.
What reason IL there to believe the
experts on whose testimony he was
acquitted were not ~ reputable a.
those hired with the Loeb and Leo.
pold money?
Not only should the judges state
msnt why he imposed that penalty
b such n to convince common
sense. It should BE- reviewed by COM
pstsnt authorities and receive their
opinion. because the mischief Of .
disbelief therein, broadcast through
out society 10 90 menacing. Such .
bossibls menace should not Be left
b enc individuals opinion.
with q murders In this country to
evosy one. murder In England the
neea Of Improvement 10 recognized
Wpn By our bar associations. In
peana instances sthsy have bestirred
themselves On behalf Of IN improve
nent. They should BE- capable .of
peeognislng the monaco 70 society q
49, that mensys % capable Of pro-
lc.eltane. khe. criminal must b. They
iAeuld ,bs .eapahls of.an honest opin-
- respecting Cavsrly's verdict and
Aeuld .be capable of.giving adequate
Ioaeons ( for such epjnion. II thsir
Ieaaien uphelds that q the Judge
II ~wANnnAtnj1 fA