The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1926-03-11
The McCYuy Pardon

L.
leased from the Federal penitentiary.
An Indianapolis physician has been sent to his
prison cell and reports to the President that this
rather famous prisoner is seriously Ill. His dag
noss carries with it the prophecy that even though
pardon be given the physical condition of the pris-
oner would prevent his return to Indiana for months
There is the sadder suggestion that he may
never be able to return at all
The personal friends Of the former Governor,
and he has host of them, will be saddened by this
information.
Kindly hearted people everywhere may be
tempted to accept his unfortunate condition as
cause for cemency and the sympathetic might easily
be inclined to join in appeal for pardon
Were there nothing else at stake than the per-
sonal welfare of kindly man, very much mis-
guided man, and most unfortunate man, the public
generally might join in the efforts of his friends
and ask that mercy replace justice, that the prison
doors be opened and that be turned out to spend
his remaining months years under kindlier con-
ditions
But there is something more at stake than
what happens to McCray.
Our whole system Of criminal law and the whole
theory of prisons must be changed, If the personal
welfare of this prisoner bots out from public mem
ory his contribution to Indiana's history
There are but two reasons for sending any one
to a. prison cell, and only two reasons can justify
! the right of society to so protect itself
First of these is that the hayward and the mis-
taken may be reformed by seclusion and loss of lib
erty Our prisons built on the theory that In
generation will change the mental and moral view
point of those who violate the edcts of society.
We send men and who have proved
themselves menaces to social order to these in
stitutions that there they may reflect and ponder
on their sins and restored later to usefulness and
an orderly routine of life.
And were that the only reason for sending any
man to prison the doors at Atlanta should never
have closed upon this man. There was no need
of that lesson in his particular case.
The humiliation the disgrace the loss Of prestige
and power taught more powerfully than could any
punishment the lesson Of the law.
g. The second reason for punishment is more I'M
portant The theory of punishment rests upon the
belief that those who violate our statutes must
= suffer as warning to others.
The right of society to imprison any one rests
upon this theory, for unless the punishment of the
lawbreaker and the criminal does serve as warn
ing to all others, 1t fails in its purpose and leaves
society helpless.
1t is because OF that reason that the pardoning
power has been very slow in regard to the physical
conditions of those it Furnishes sufficient reason
for granting liberty and clemency.
That was true in this State when Warren Nc
Cray Governor. It was policy he recognized
as sound. Much as he might pity the imprisoned,
much as he might want to save their friends and
relatives from grief, much he might desire to let
pity, clemency, and mercy rule, his judgment die
tated that punishment deterrent for crime have
its full power and effect.
The records Of the State Board of Charities show
that during the period he served Governor
thirty-one and five women died IN the prisons
of this State with intervening hand of mercy to
open the doors and permit them to spend their
,wciosing hours in freedom and with loving friends
and relatives.
The of these prisoners withheld and
very rightly so, the theory that publicity would
bring humiliation to relatives who occupy positions
of respect and standing in their communities The
list of those nameless members and the crimes for
which they being punished furnish striking evil
dence of the basic teory that pardons for prisoners
be withheld where punishment is needed to spread
fear among The lawess the tempted
There was young man of thirty-four closing his
fve-year term for robbery prisoner for more than
four years who died just before the expiration of his
sentence; there aged rapist of sixty, and
middIeaged burglar Of fortyfour, youthful robber
of twenty and boy of twentyone serving
tence for blacbmail; there the youthful horse
thief and hoary murderer Of sxty-eight and other
men entering the prime Of life whose crimes had
brought them to their prison cells.
The only purpose in recalling this sad chapter Of
human history is to indicate that as Governor OF
great State the man for whom pardon is
sought believed that a warning to potential law
breakers was of paramount Importance, and that
personal sympathy with the prisoner should not
deter him from exactng the full penalty.
The case of Warren McCray differs from that
of other prisoners in this: He had been chosen for
the highest Office this State by the votes of In
diana citizens.
He had been ntrusted with their confidence.
They had lifted him to the pinnacle Of power and
FAME. They trusted him.
When he misused that power, when the very
trust and confidence imposed upon him were the
implements by which he took the money Of others,
he outraged than law. He struck at the
confidence of the people in government itself and
destroyed respect for the great Office of Governor.
Of what to send the petty thief, the youth
full burglar, the unrestrained and mpassioned MUIR
derer to prison cells warning to others of their
kind if the doors be opened for those who disgrace