Year: 1868




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Tear Down the Guiiows.
! We notice with great pleasure that Mr.,
Reed, one of our Representatives in the
State Legislature, has reported from the Ju.
dietary Committee bin to abolish the death
penalty. For some years, TO be sure, we have
had but the mere shadow OF the gallows in
this State. Only one man, the murderer OF
the warden Of the State prison. has been ex-
ecuted since the law relating 10 capital pun
ishment made it incumbent upon the Gov
ernor to issue his warrant before capital
sentence could be carried into effect. But
the shadow, even, of the gallows, is TOO much.
Governor Cony, one may fairly r fer from his
addresses TO the Legislature, was in favor of
the death penalty, not from :ny vindictiye-
ness or harshness in his character, but be-
cause he sincerely believed the protection Of
society requires that great offenders against
it shall be put to death. 1t was his warrant
that authorized the execution to which we
have already referred. The proof was SO in
dubitable, and the crime one which had so
-'NNAN
voice raised to protest against it throughout
the State. But during the same administra-
tion another case arose which in most
striking manner points out the terrible crimes
which society itself is in danger of commit-
ting under the present law, even when its
execution rests in the hands of a wise and
conscientious Executive. That was the case
OF Lawrence Doyle. Few people have been
fortunate enough TO forget the tragedy which
occurred a few years ago in the town of
Strong. A little girl was murdered under
such circumstances as to excite in the pub
lie mind as much of the Lynch-law feeling
as can exist among the calm and law-abiding
people OF New England. Certain circum-
stances pointed to Doyle as the perpetra-
tor OF the outrage, and though the
evidence against him was purely cir
cumstantial he was after two trials
convicted and sentenced TO be hung.
The excitement in the locality where Doyle
resided was so great and the passions of the
people were so terribly aroused, thai even
well-meaning and humane people made cir
cumstances that afterwards proved altogether
irrelevant, and absurdly so, point to the guilt
of this poor and ignorant man, who had not
himself the mental qualities necessary to en-
able him to make his innocence clear. where
another might have successfully done SO. We
are not assuming that the man who for sew
era years has been lying in the State Prison,
Liable at any time 10 suffer the extreme pen
atty OF the law, is innocent; we only assert
that grave doubts of his guilt have arisen in
the minds of very large number of people
who have carefully investigated the case, and
followed the protIacted judicial proceedings
from step to step. The point to which atten-
tion is desired is that Doyle would have suf-
fered death on the gallows long before this
time had it not been for the accidental cir
cumstance that bis counsel happened 10 be a
man of generous and humane impulses. who
has not abandoned him since his trial, but has
stood between him and the gallows whenever
his fate seemed imminent Mr.. Pillsbury has
spared neither time nor money to protect the
man whom he firmly believes to be Innocent.
We speak the more willingly of this gentle
mans admirable conduct on this occasion, be-
cause we have several times felt it our duty 10
speak with severity of his political principles
and action.


Doyle's case is not the only one that may
be mentioned as an argument against the in
Fiction of penalty that precludes all posi-
bility of making reparation for mistakes. The
case of Verrill, which is fresh in the Iecolee-
tion of the public, shows how strongly the
current of indignation may at times set against
an individual against whom it subsequently
appears there is not sufficient evidence to au-
thOrize conviction. 1sA- e1H
1t may be said in reply that both Of the in
stances we bave cited, instead of constituting
valid argument against capital punishment
only prove that the administration of the
| criminal code in this State is attended with
| so many safeguards for the protection of the
| accused, and with the exercise of so much
| caution and humanity on the part of the ju-
dietary and the executive, that the life of no
innocent person is endangered. But they
prove all we desire viz, that persons not sat
isfactorily proved to be guilty have been and
4
of their lives. This may seem but the ghost
of risk, but it becomes an unpleasant one
to the persons Immediately interested. In
other States and in other countries what with
us has fortunately resulted only in some
narrow escapes, has brought persons, after
wards proved innocent, to the gallows.


Hanging is yistige of theory of punish

ishment that has been long since abandoned
and consequently has become an anomaly in
our criminal CODE 1t is fragment OF the old
| ler talionis. 1t is a vindictiye and not rem
edial penalty like all others which are now
inflicted. In theory only is it for the protec
ton of society; really man is hung on the
ground that, to use colloquial phrase, lit is
good enough for him." Therefore we most
earnestly hope to learn that the Legislature
has passed Mr.. Reeds bill.