Year: 1874

The action of the Governors council concern


ing the execution of Wagner has brought the


question OF capital punishment again prom-


nentiy before the public, and although we have


heard strong and exhaustive arguments in this


line, pro and con, during the last session of the


Legislature, there are yet some points which it


seems to me might be worth looking into.


What moral effect has an execution upon a


community? Do the statistics of crimes and


criminals prove to us that the effect of an exc


cution is to diminish crime? Is it rot fact


that tho very day on which Foster assembled the


gallows in the city of New York, the commu-


nifty was compelled to look upon three murders


committed in their very midst? And could mer-


tion different similar occurrences This shows


certainly that an execution does not bring with


1t the hoped for consequential influence upon


criminals; and it has become well established


fact that the ends of justice are not alone not


furthered, but are actually delayed by our hav-


ing the penalty of death on our statute books.


In the year 1880 thousand English bankers


petitoned Parliament to do away with the


death penalty for the crime of forgery, in the


interest of more certain punishment. In


1882 Sir Thomas Denman, then Attorney Gene


raj of Great Britain, prevailed to secure the


abolition of the death penalty for horse steal


ing, cattle stealing, false coming, and stealing


In dwelling house, and on his motion, in


which he was strongly supported by William
Ewart, M. p, he stated that he does this ''for


the public good, to bring offenders surer to JUS
tice." The better working of justice was so ap4
parent that already in 1888 Mr.. Barrett Len


nard carried his proposition to abolish capital


punishment also for house breaking. 1t was


shown clearer aud clearer that the disappear


ance of the extreme punishment furthered JUS


tice remarkably and in 1887 Lord John Russell


received large majority ON his bill for the abo.


htion OF the death penalty for manning, at


tempted murder, robbery, burglary and arson.
We find in the following year only 56 execu.
tions in the United Kingdom against 43S in
1887, and the statistics although showing no


decrease in crime as yet. show large increase


OF convictions. So apparent was the improve
ment in more certain and a quicker execution


of justice that, in 1910, Mr.. Ewart gained ga
votes in the conservative House of Commons


for the total abolition of capital punishment T.
Great jurists have ever since worked for the


same end, and the Society for the Abolition of


Capital Punishment in England is still vigor-


GUS, and includes in its membership the most


learned Judges and lawyers, and Mr.. Charles


Gilpin, M. p, never fails to appeal to Paria-


ment on the subject. Not taking the stand


point of Christianity and humanity, which


would teach US not to take away from tho
sinner the time allotted to him by the AL.
mighty perhaps for the very purpose of chang
ing his heart, and to make him penitent, but
only looking toward the best end to further JUS
tice and the process thereof, we cannot but see
that jury will be found more ready to arr i've
at verdict if capital punishment does not
exist, than when they know that life and death


lie in their hands. and that through their rend-
ering the verdict, they take away from their
fellow being the chances a Christian must be-
lieve the OmnipOtent gave him for certain
purpose. In Fosters case five of the convict
ing jury made affidavits before his execution
that they never should have brought in ver-
dict of guilty had they not believed that the
verdict, coupled with recommendation to
mercy, would bring forth judgment of im-
prisonment instead of death. We all know
how difficult it is to find an intelligent jury to
sit on and to convict in capital case, and how
frequently, for this reason alone justice is de-
layed.


In our state, although capital punishment is
verbally retained on our statute book, it cannot
but be questioned if, according to the action of
the late Governors. the same has not been con-
sidered virtually out of force by jury, and
that the jury in bringing in a verdict of guilty
in Wagner's case had this very fact in view
The late action of the Governors council in this
case has re-estab,ished the extreme penalty,
but it was done after,the fact, and this should
make the justice of this act at least questiona-
BILE.


Allow me to add few words from moral
standpoint Mr.. Henry Taylor, the poet,
wrote few years ago an able pamphlet adyo-
eating imprisonment for life with servitude in
comfortable insane asylums for confirmed
criminals. Future society will, without doubt,
not only realize that crime represents q certain
moral insanity, but also that it is to great ex-
tent responsible for the pauperism and ignor-
| ance, not to speak of the fountain head of all
crimes, intemperance, which all produce the
base blood and deformed brains, whose products
| are ldleness, desolation and criminal tenden-
| ces, and that it is the first duty of Legsla-
| ture to enact laws to remedy the cause, and
| legislation on consequences will 60 ipso become
unnecessary. TEMPoRA MUTANTUR.