$mi^m^

^=

Bofwers

Life

Imprisonment
Penalty

vs.

the

Death

LIFE

IMPRISONMENT

vs.

THE

To

the

DEATH

Honorable

House

Members

of

the

and

PENALTY

of

the

Fifty-eighth

the

to

of

General

Chairman

the

Senate

and

Judiciary

and

Lower

Assembly

Members

tees
Commit-

Thereof.

THE

BRIEF

OF

DUKE

C.

BOWERS,

Et

Als., Advocates

-ON-

Sciwtc

Bill

\o.

.'let

to

Abolish

and

to

Substitute

242

the

(/;/(/ House

Death

Life

Bill

Penalty
Imprisonment

in

Xo.
the

235.
State

Therefor."

Untitled

".in

of Tennessee,

HISTORY
In

the

the
That

the

was

of the temple

Babylon

drowning,

the

"The

under

the

rule

of

the

King

Khamurobi.

of

for

imposed

was

are,

Britanica.

5, Enc.

Penal

Greece,

of

Code

When

most

death, and

made

did

he

why

asked

by

of

vengeance

so.

impose

can

no

"EYE

FOR

in

many

instances

Danish

and

hanging

not

but

AND

that

rule

modes

the

by

of capital

rocks."

execution

mutilation.

being

beheading,

precipitation from
permit the

Kingdom,

"Hanging,

and

would

EYE,

United

Kings,

were:

stoning,

AN

the

of

ages

personified

was

of

common

Conquerer

sentence

law

dark

Saxon

the

burning,
the

death

Code

TOOTH,"

punishment

William

sanctuary

specially mentioned

Vol.

deserve

literally. In the

drowning,

the

impalement.

prevailing doctrine

out

of

penalty

execution

of

all offenses.

Mosaic

FOR

carried

death

compiler of the

for

laws

in

refuge, and

higher crimes."

the

in the then

C.) the

least offenses

for the

TOOTH

B.

In the

State.

the

of this practice

of cities of

recognizing

the

churches.

and

first

penalty

Under

of

Capital Punishment.

the

replied :

establishment

modes

burning

Draco,

worse

the

See

death

the

(2285-2241

offenses

many

centuries, till the mischief

times

the

and

authority of

the

for

custom

family of

the

of

behalf

on

representing

homicide

committing

man

Blood"

of

as

Christian

and

pagan

of

not

mitigated by

was

society the

by the "Avenger

killed, and

man

Pl'NISHMENT.

CAPITAL
of

early stages

killed

was

OF

the

of

(5 Vol.

Enc.

Rritanica.)
Death
the
over

were

penalty

cutting of

tree

capital crimes

200

hung
as

looked

the

was

on

and

nn'sdemeanors,
with

or

in

quartered

approval

for

the

poaching

Great
for

while
and

"

most

trivial offenses;
deer.

Britain

oft'enses
the

and

which

learned

In

1800

t8o

in

now

clergy

apjilause. During
2

"

for

there

ample,
ex-

were

1819.
would

and

the

Men
be

garded
re-

statesmen

reign of

^L

the \'III, 72,000

Henry

who

"At

coiilflread

crimes.

they

the execution

block, and
than Rob

infamous

more

).
laws

The

"Kech."

Roy.

were

of

blood

best

of all

the author

of

EnclycopediaBritanica

279,

of crime

forms

now."

are

capitalpunishment for almost

of

yet such

than

(Ps. Li. 5,

indiscriminate,"says

and

in Vol. 5, page

"CapitalPunishment,"
in its administration

clergyto all persons

eighteenthcentury the criminal

ferocious

were

first alleviation

The

of the benefit of

the "Xeck-verse"

of the

the end

Europe

persons

the extension

from

came

executed.

were

far

all grave
ous
numer-

more

England drenched

the legal executioner, became

the banflidt.

Death

was

panacea

for all ills.

The

States of

Union

our

adopted the

common

law

of

England

repletewith capitaloffenses, but Tennessee, by statute, has final

in practiceat least, to two, murder
and rape ;
limited the number,
but the statute

other oflfenses.and

names

hanging is

the mode

of

execution.

land
place since 1863 ; in Finabolished
since i860, and was
since 1824; in Holland
totally
in 1870. Xo executions in Norway since 1876.abolished in 1905 ;
in 1864. Russia
abolished in Portugal in 1867; in Roumania
abolished capitalpunishment, except for military ofiFenses,in
abolish
it
but
later
to
restored
for
short
a
again
only
period,
T750.
In

Belgium

it in 1907.

Only

Italyrevoked

execution

no

out

the law

of

hasf taken

in Switzerland

Cantons

22

have

it,and

in 1888.

duced
capitalcrimes has been rein recent
years to only four, and the followingStates have
abolished it: Maine, in 1876, restored it in 1883, but again repeale
of the Governor
the law in 1887 on
the recommendation
of said State; Rhode
Island, in 1853; Wisconsin, in 1853. and

In the United

Kansas, in 1901,
Kansas

since

of

States the number

but

there

been

have

1872; Michigan in 1847.

"

"

no

legal executions

in

It is

proposed

now

^aid

in

The
to
a

third

society, (b)

taught

love

irium])hcd

over

Insist

the

that

avenge

Every

determine

our

of

will
be

not

agree

with

without

the

us

According
Bureau

page

376, the
States

eighteen
State.

the

to

of
number

California

The

abolished.
is

death

one

of the

ditions
con-

death

alty,
pen-

have

we

way

to

States

the

penalty.
Ai5STR.'\CT.

homicides

100,000

the
'02

per

in

'04

"05

table

in

poindation

registration area
'03

United

the

by

1912.

was

'06

as

'07

for

5,
the

follows
'08

9.0

Rural

6.8

'09

13.2

10.6

10.2

8.3

12.1

9.8

"

Cities

10.4

7.4

18.7

9.0

Rural

13.9

18.0

15.6

12.4

ConnecticutCities

"

Cities

Colorado

social

by taking the statistics from

published

'01

to

man

point: if

only

Statistics, and
of

have

seri(nisly

kill

mortality statistics compiled

composing
1900

this

on

are

we

love

and

to

the

individual.

an

by the abolition

worse

question

has

than

right

add

punish

to

would

one

no

the

has

more

victim

be

hatred

(a)

are

would

Some

charity

when

and

his

made

laws

namely,

criminals,

and

any

our

criminal.

the

St.\T1STICAL

States

ment
punish-

day of brotherly love, when

this

in

State

this

and

criminal

enemies,

it should

then

enforcing

reform

to

vengeance

man

will

with

but

death

the

the

punishing

for

himself,
lo

vengeance

maximum

imprisonment

in

objects

main

reason

criminal

life

and

blood

of

State.

two

protect

repeal the law

to

make

and

in Tennessee,

ARGUMENT.

AXD

BRIEF

0.3

0.5

Rural

"

"

Rural

4.5

"

"

4.8

4.9

4.1

Island

Kliodc

"

Cities

2.5

....

J.X

Rural

Dakota

South

2.8

2.7

2.3

3.5

2.5

3.9

5.5

4-2

30

0.7

4.0

1.9

1.9

0.6

2.3

i.i

3.3

2.1

74

7-2

2.6

3.8

2.2

3.9

3.8

3.8

1.3

2.3

3.8

II-7

8.1

"

Cities
Uinal

2.1

\ rnnoiit

"

Cities
Riiral

\\

0.3

0.3

0.3

2.0

2.0

0.3

2.0

..

I.O

asliington
"

Cities

6.3

4.2

Cities

31

1-9

Rural

1.6

1.7

Rural

W'isoousin

"

It will
for

that

thus
the

be

been

alx^lished

2.5;

Michigan.

and
i")t""8

4.1.

of
for

that

ten-year

Jersey,

year

.-bows

ux'*!)

twenty

only

cent.

in

decreased

where

1900

the

over

period, beginning with

Tennsylvania

an

only, giving
homicides
shows

an

tlie increase

in

It will bo

further

Ii.k"".o.x""

average

of

State

"

for

for
ux"5

California.

that

seen

"

the

two

years.

homicides, she

1900.

each
to

In

year.
we

the

find
age
aver-

Indiana,

was

the

four

Ohio
a

has

Maine.

years

reports

for

four-year period

jx^pnlation. While

2:57

from

for

9.8.

California

10.2:

per

that

the year

of

average

average

prevailed

4.8: and

York,

was

previous

population

100.000

per

New

.4;

her

retorted

capital punishment

homicides

of

reiH^rted by
the

but

for

and

5:

Wisconsin

the

1900,

population

Island.

Rhode

quoted above

statistics

capitalpunishment

where

thousand

which

States

the

number

(".4; New

for

States

the

hundred

3.8;

H)c").

averaged

in

per

the

to

period, beginning- with

ton-year

*"l" homicides

number

si^mo

by reiorriug

seeu

100.000

190*)

was

Connecticut.

chusetts
Massa-

tion,
popula100

per

Ma5isa-

Indiana,

chusetts.

\'emK"nt,

where

New

States

that have

increase,

an

is

period is less

year
death

that

ahd

preN-ious year.

of

Michigan

abolished

been

and

where

it is

ot

homicides

ninnber

of the

forced
en-

four

penalty, only Michigan sIk^ws

her
lor
." tengeneral average
States

the

increased

Besides,

and

while
statistics,

above

exception

they have

the

Fenniiyhania

death

either

the

continually, while

has

the

in

but
sligiit.

tlian

penaltj-,with

shire

in the

abolished

which

obtains,

increase

an

period reported

the

York,

capital punishment

rigidly, shows
for

New

Jersey.

of

record

in Wmiont

X'ermont

shows

rate

in

that

Xew

and

\ew

and

decrease

retained

have

their homicide

shows

the

that

Hamiv
annum

per

nx")

the

the

over

death

Hampshire

the

penatly

pn"oiioo

!"v

for twent}' years.

The
of

general

statistics

3.85

the

death

is

average

for the

is

revoked

While

with

we

State

that

from

the

TRIES

workings
there

is

of

OWN

five times

the

The

been

States

flic
in-

general
icidal
hom-

avcrai;\?

than

greater

be

failing to

of

law

now

as

to

rcmemborod

State

statistics

of

in either

the

law

death

NO

number

presem

and

in

of

tlioro

187J.

universally pleasoil
lioath

penalty,

has

in their
oi

ilic end

at

in

boon

novor

tlio liovornors

warrants

tliat

capital punishment

restore

IN

BENEIHGTAT,

STATES.

"

cides
homi-

Governor

abolisliin"^tlu-

ABOLITION
LESS

arc

small,

01

one

required.

DRTAIXED
THE

the

ciuestio

this

on

the

that

that

since

sign the

RESULTS

ARE

the

got

pa^ple there

the

tlic

in that

FROM

to

disposition

no

It will

PENALTY

for

greater.

cent

secretary

that

year's imprisonment,
THE

^xMialtyhas

capita is comparatively

per

us

legal execution
discretion

death

tabic

period rejx"rtevl.the

reliablyinformed

arc

informs

State.

that

the

per

was

unable

were

in

that

and

nearly 115

we

the

the

population, while

100.000

penalty, for

Kansas,

he

where

ilic aUne

States.

letter

State

j^eriodre^x^rted in

the

States

in Tennessee

the abolition

recent

four

per

S.25. or

rate

from

for

average

"

FOREIGN
OF

Gt^^N-

rill-.
Til

\\

Dl-. A

IM

III

Ol'k

We
io8

take

capital crimes

on

first

folic )\viiii,^
facts

the

For

of

of

8.004, showing

thus

all offenses

"The

"

for

in

public

HOLLAND.
of

abolition
ITALY.

the

the

Common

Penal

Code,

the

results

obtained

the

expectations

new

by
not

of

students

cherished

(listurl)C(l

been

of

joi^ityof

of

which

latter

far

PORTITIAL."

or

this

diminished

as

cases

the

death

into

force

present

time

able,
favor-

death

said

alty
pen-

abolition

crime

of

since

that

1874
labor
have

is to

by it, and

for
been

been

death

January

by
i,

fully

have

say,

social

1890,

realized

imposed,

was

which
and

have

and

the

ditions
con-

worse."

discretionary

life, since

the

security has

consequently

rendered

made

penalty

penalty

by public opinion,

public safety is concerned,

"The

the

increase

by Parliament,

matters

hard

capital punishmen
very

of

period

no

went

it is

death

of

rate

ment."
against capital punish-

of

"Since

the
so

been

not

"

the

frequent."

more

high criminality have

NORWAY.

Courts,

or

considered

are

the

abolition

to

up

criminal

the

penalty."

"Since

"

following

of

1879 abolished

of

has

death

Rica

Since

"There

"

the

at

was

abolition

the

sentiment

been

not

of

Costa

Constitution

have

at

was

years

are

1.1696."

results

political ofTenses.

politicalcrimes

the

"The

"

confirming

IIATI.

of

order

thirty-five

first

which

which

201,

were

In

statistics

following

1890, in the

to

abolished

executed.

twenty-five

the

there

decrease

RICA.
for

of

House

been

not

been

not

1831

In

year.

has

results, the

the

executions

COSTA

Conj^ress,

the

of

capital condemnations,

321

per

death

it has

period from

were

9.17

cessation

1866

since

the

there

years

1896, by order

22,

penalty of

appreciate

to

given:

rate

"The

"

IJeigium, but
one

States

I'nited

Fifty-fourth

No.

Report

from

BELGIUM.

for

the

printed January

session,

Representatives

in

of

statistics

and

with

time
no

been

abolished

bad

the
ma-

quences,
conse-

observed."
bv

the

law

this

penahy

of

number

lias diminished

apphed

was

the

and

July, 1867,

first of

the

on

homicides

which

to

durins^ the

succeedino^

years."
SWITZERLAND.

"Since

"

in fifteen of the

abolished

only light

The

Cantons

twenty-two

have

we

1874 capital punishment has

guide

to

in

in

years,

and

Wisconsin

have

discovered

been

in

for

force

alone

should

have

vindicated

that

executions

increased

of

where

have

population
ratio

same

further

New

in

statutes

cidenc
coin-

mere

the

death

of

homicides

their

have

sister

period.

Maine, for the

of

In

ber
num-

1909

homicides

the
per

4.8 ; Connecticut,
period,

same

of

State

same

total

in

Hampshire

in the

alty
pen-

States

the

highest penalty, the

Rhode

York, y.y; New

7.2;

T2.3.

100,000

New
Can

the

for

comparisons

follows:

Maryland,

in

that

Massachusetts,

it

is

That

is the

registered

follows

as

per

3.6, and

New

decreased

7.6,while

homicides

as

while

years,

have

that

abolition

the

coincidence
and

cently
re-

for the

2.2

is shown.

Making

"States

and

instances.

most

of homicides

\'ermont

above

named

Vermont,

only

thirty-seven

laws

long foregone

so

imprisonment

life

States

100,000

7.9 ;

previous

over

in

sixty-one

progressive States

and

that

the number

? Is it

for

ence.
experi-

fiftyyears,

Besides,

have

Massachusetts,

homicides

three

that

one-half

less than

Connecticut,

Maine,

States

the

foster

existence.

their

about

century

convince

to

in

abolished

for

repealing these

for

half

Maine

of

been

has

Island

in

years;

reason

sufficient

be

penalty

enlightened

yet those

over

unerring light

Rhode

in

years;

sixty

good

no

the death

by i)racticefor

and

by statute,

have

for

Kansas

in

that

that

sixty-six

for

Michigan

years;

shows

record

The

in Switzerland."

advancing footsteps

our

enacting ])rogrcssive legislation is the

been

follows:

as

Island, 5.1,

as

all

of

the

"

2.9;
above

"

consin
Wis-

4.4;

death

istere
reg-

penaltv

Pennsylvania, 8.8;

10.2;

Jersey, 7.6; Colorado,

find

we

Michigan,

against the

Indiana, 10.7; Ohio,

Hampshire,

1909,

year

21.4;

California, 20;

South

ington.
Dakota, 9.4; Wash-

facts,

so

favorpbic

\^

tho

States

abolished

have

that

the

In

same

year

five in the

death

million,

inhabitants;

nearly one-half

or

The

from

This

ratio.

32.2

before
After
of

Judges

the

centuries

of

England

and

juries
true

abolition

in

of

evidence

have

Then,

of

experience
in

unanimous

favor

YOU

INCREASE

ASK,

"WHY

crime

is

the

the
as

in

and

only refuse
criminal

that

to
ditions
con-

reported better,

learned

making

rule

guide

for

our

That

by

case

evidence

The

that

it is

pondera
pre-

is the
whelming
over-

an

based
is

so

on

near

exception

mere

tliemselves

foreign States

against it.

WOULD

largely

criminal

EXECUTIONS

LEGAL

disease, and

the

and

example

natures

and

criminally inclined.

Like

night

was

CRIMES?

legal execution,

arouses

same

five.

or

some

proven

militates

fact

the

for

disputed facts.

its abolition

of

CAPITAL

Because
a

States

our

general rule that

BUT

sure

in

51,

homicides

experience, the

proof?

the

reports

1904

it not

the

of

not

we

each

penalty.

cases

deciding questions

rule.

four

in

and

civil

in

for

States.

104.4

established

America

per

capital punishment

but

and

death

observation

preponderance
actual

good,

the

to

quoted show

above
as

to

abolished

have

reports

1885

that

in the Union

that

all the

people

facts

the

State

the

of

only

of

all instances

in

are

million

per

for

from

that

104.4

was

Island

Rhode

and

in

While

registers 24

year,

average

shows

face

in every

it,but

reinstate

and

general

foreign States

The

than

20,

the

is the

in full force

Michigan,

further

record

increased

same

eighty-

were

ratio

States, the

the

for

per

population.

million

per

United

whole

Maine,

while

million

of

to

people

million

thirty-five;there

was

States

penalty

the

taking

1904,

States

homicides

of

number

the

abolition

four

the

in

of

attributed

be

penalty,

death

chance?

mere

to

the

follows

cheapens

"

10

thus

demoralizing
set

the

by

life in the

eflfect
State

estimation

begets like in this respect,

We

day.

the

cannot

"

put

it better

than

as

to

"

from

quote

Mrs.

punishment
"And

Are

So
That

from

thistledown

violent

actions

If

honorable

of

the

the

times.

estimation
the

or

or

the

the

by

by his captors,

least

apparently

virtue

of

so,

and

robbers,
our

anhood.
wom-

contaminated

yielded

the

to

by
eracy
degen-

cheap,

so

the

became

murder

warfare

either

life,especially,became

people, that

and

war

active

shot

were

many

wrecks,

of

wake

common

the

on

themselves

women

at

and

placed

it

take

the

Quakers

and

they do

teach

to

by law,

you

is

least

at

in

rule

instad

of

killing;

so.

not

commit

may

why

say
have

that

and

is

higher value

no

always

true.

citizenship that life is sacred

our

by law

even

refuse

even

vocation

criminally inclined,put

the

nor

in the

engaged

was

his Government,

are

we

not

If that

be

men,

thieves

was

itself

Government

life than

But

would

he

Human

the

in the

moral

exception.

the citizen,

If

of

cure,

the

than

worse

stagnation, and

general moral

The

on

respect

or

is

the

race."

human

the

long.

too

guerrilla,if caught

sutlers, ghouls, horse

of

of

anything, it

formerly

little value

s])ring.

contemplate

knew

Some

the

from

depravity that follow

and

thought,

Love

and

cause,

Confederate,
of

became
even

world

the

lead.

of

the

hundreds

thistles

Lore

the

effect

law's

Hebraic

Notwithstanding
or

ital
cap-

deed.

the

thought breeds

moment

of

disorders

to

progress

for

the

new

will vanish

armies?

Federal

of

seeks

ever

devastation,

itself.

the

the

crime

you

of active

God

Science

Then

on

poem

dejjressed

knowledge

or

executions

blocked

When

beautiful

o"r

injured by

and

vengeful

Has

and

sound,

or

follows
as

Wilcox's

people, frenzied

wronged

And

Did

the

sight

Crime

Wheeler

last

By

Ella

to

go

to

sanction

war

for

or

it.
any

As

an

reason

must

we

example,
take

life

nmrders.

it deters
States

"

others
that

11

do

"

from
not

committing

kill the

smallest

crimes.
homi-

cidal
the

rate

death
If

act

much

as

penalty is

death

of

majority

the

'ife

imprisonment

hence

will look
and

burnt

the

it

Dr.

back

hang,

A.

for

weeks,

observations,

that

do

Lebanon

does

hanging

the

jority
ma-

the

great

cummuted

our

century

the

to

same

sion
aver-

ancestors

who

body of the condemned,

Law

demonstrative

that

with

we

even

or

warning.

of the

L^niversity, gives
own

as

the

as

Martin, Dean

B.

us

mutilated

and

stake

to

denounce

too

inflictin

descendants

legal executions

our

on

and

that

man

Our

instance.

each

horror, and

at

caused

in

condemned

the

want

old.

be

think

fact

the

by

would

and

tainly
cer-

of

as

public

the

barbarous,

is proven

so

people

that

say

demoralize

and

cruel

too

people think

of

You

majority of the people

the

Well,

men.

would,

if you

deterrent

would

and

would

electrocuting, it

or

murderer?

the

barbarous

brutalize

by hangingstronger

mutilate

and
and

the

kill

to

Why

beings enforced?

is

penahy

it deters

torture

cruel

capita?

per

while

increasing

crimes

such

are

School

illustration

his

from

others

deter

not

berland
Cum-

of

from

mitting
com-

crimes.
A

man

Tenn.,

and

infamously
and

deal

great
both

of

the

victim

Some

young
of

men

were

that

they

four

and
the

execution

papers

closely

had

For

others
of

tlie heels

within

one

exploited

in

wife

of

Court

in

execution

hour.

"

12

"

half

offense

for

follow

closely the

Aliens

murdered

House

at

years

which

H.

C.

New
of

four

most

Judge

Hillsville,Va.,

heralding the

Rosenthal
the

the

murderer,

scaffold,

executed.

was

were

think

collected

and

one

same

crimes

the

State

said

of

the

example,

and

present
W^tihin

for

the

around

arena

were

shocking

most

of the noted

on

hanging

hanged

assassination

The

an

Square, in Lebanon,

enterprising (we

two

for their seats.

money

the

erected

the

Public

the

on

erected;

men

executions.

Massey

State

so)

of

of

notorious

while

gallow^s was

day

the

hanged

the

the

on

be

to

was

news

of

the

Beattie.
York
men

City followed
in

\ew

York

Instances
in

victim

the

REASON

SOMETIMES

ARE

Greely

'Hosanna,'
them

save

and

from

"I

is

no

means

of

innocent

and

the

the

Due
are

of

blood.

sentenced

guilty. Men
from

mob

howling
liable

to

cool

period

time,

The

years.

had

executd.
;

the

"Some

from

been
These

Mittermaier

innocent

Chief

sentenced
terrible
refers

to

of

cases

"

13

"

stripped of

and

stated

an

of

is

man

ing
correct-

into

petrat
per-

Mcintosh,

James
that,

as

than

of whom
are

of

Eortnightly Review,

Sir

fwer

as

is misled

hanged

stricken

be

possibilityof
he

wise

no

long

the

mistakes

in

So

was

death,

to

convicted,

death

declared

no

victed
con-

delectation

ago

Kelley
1840

to

were

the

men

the

for

man

P"aron

1802

they

of

for

the

time

victims

infliction

wrong

writing

]\Iaxi-

the

reserve

redressing

XVI,

Sandor,

men

brutes.

him

have

says:

one

late

experience that
men

human

Raleigh,

with

and

Our

Louis

of

imprisoned

dispassionate observer,

and

of

be

presence

Newman,

1889,

to

would

frenzy.

innocent

though

even

compared

the

in

and

Paul

September.
most

unjustly,

whereof

they

Walter

of

confession,

own

are

unjust execution

Xagi

of

instances

for offenses

I w^ould

error

B.

their

exulting

of

his mistakes

Mr.

recorded

penalties,but

death

ignominious

their

instances

conspicuous

Men

Today

Servetus,

Riego,

Xey.

quite endurable

is

property

Michael

Huss.

suffer

list of

the

of

consequences

Mar.shal

on

may

'Crucify him.'

Sir

hanged

and

howl'

just. Socrates, Cicero,

have

murder

irrational.

the

the

We

often

solitaryexample

John

among

of

for

MEN

frailty.

of

d'Enghine,

milian.
law

tomorrow

Sidney.

Algernon

INNOCENT

human

dread
too

harsher

the

.Savior

by

ofifense

same

PUNISHMENT

THAT

IS,

prejudiced, passionate, and

shout.

hanging

EXECUTED.

Horace

Says

the

CAPITAL

WHY

ABOLISHED

BE

at

spectators

being executed.

was

ANOTHER
SHOULD

the

picking pockets committed

for

luigland

which

in which
reiJ(jrtc(l

are

not

similar

taking

in
the

long

three

every

result

of

his

twenty-two

cent
inno-

seven

ally
actu-

were

confined
kind

in

to

land
Eng-

Ireland,

Italy, France,

and

ther

several

have

been

Italian

of

murder
"After

In

passing

relied

on

which

for

that, after
criminal
of

the
trial

was

the

The

date

about

the

exertion

of

the

convicted,

while

".Vgain. in
were

tried

were

found

the

commuted

Judge
ten

light and

more,

in

1879. Hebron

for
to

was

to

direct

most

of
I

as

wound,

can

and

that

found

tried

free

Yet

the

"

man

his,

for

unhappy

saved

was

Mr.

Negretti,

and

for

"

pressly
ex-

edge
acknowland

Greenwood

and

offense.
of

approval

for

Three

the

They
verdict

Subsequently
free
the

sentenced

followed.
life.

so

manslaughter

serious

tried

and

the

pardon.

received

men

was

14

fered.
inter-

only through

Jackson
for

guilty

servitude

tainly,
cer-

have

forward

expressed

the

most

never

was

of

come

reprieve immediately
penal

clusion.
con-

years' penal servitude.

to

He

other

culprit (the Gregorio

Assizes

came

lK"liceman.

agitation

to

it is

satisfied

innocent

named

men

Liverpool

them

real

received

two

guilty. The

facts

as

it

an

subsequently

was

1877,

and

that

Judge)

Pellizioni

the

at

sentenced

"Once

He

is

judgment,

and

fixed.

was

countryman

the

persuading

the crim-e.

the

when

Secretary would

execution

fellow

exculpated by

make

to

any

inflict this

not

Home

private individual

in

am

Judge's expression of opinion,

gallows.

succeeded

to

clearest

guiltlessof the crime,

a

my

come

known.

The

the

to

long experience

'In

have

Hill.

sentenced

remembered

error:

the

did.'

who

of

Saffron

at

an

experience in the administration

ever

over.

after

was

fresh

of

course

person

be

to

anything that Gregorio did

prisoner

and

jury

was

justice, I have

"The

from

long

were

you

the

evidence

The

should

for

occasion

"took

Judge

against

instance,

gfuiltyand

legal training' and

safeguard

as

utterly impossible

be

the

begotten of 'sound

acumen

affray

an

found

was

sentence,

remarks,

following

in

years

Martin

Baron

before

countryman
trial he

elaborate

an

death.
the

fellow

1865, for

In

tried

was

recent

of the
fallibility

the

of

tribunals.

Pelizzioni

named

instances

striking

carefully constituted

most

comparatively

In

Germany.

murder
death.

to

The

pardon.

sentence

)'ears

of

An
was

after, the

circumstances
the

as

i)ris("ner

to

evident

became

hfe

imprisonment,

that

the

Mr.

his

on

Secretary,
subsequent

.Mr.
murder

life

to

the

\ears.

prisoner

of

committed
From
are

innocent

that

the

greater
the

and

men.

a])t

convict

the

laws

and

Thus

in

to

law. the

of

name

State

.^hould

not

another

has

the

Justice, in order

criminals

criminal

been

instincts

done

criminal.

its
.\n

RKAS(

almost

befallen

born

hard

The

to

present

instances.

-a

barbarous

shows

fundamental,

that

the

their

or

him.

towards

investigation
16

"

of

the

rea.son

great

never

is

niajoritv

invironment

traits.
he

society

why

That

criminal

even

"

)N.

uiembers.

criminals

and

duty

the

convict

said

vindicate

of

through

how

"pull."

and

passions

to

and

of

men

murder.

Experience
either

are

government

its

it is

both
to

had

he

crime,

of

\'erdict

crime,

in

the

manv

the

unjust

and

through

which

that

arouses

eas\'

influence

muted
com-

was

that

grades

with

of

released.

was

know

an

extremes

reason,

execute

sociological one.

charge

for

dying bed

how

charged

itself commits

is

serving twelve

his

it

S( )rTOT/)GIC.\T.

There

developed

Texas,

murder

various

])rocure

practice foster
the

of

we

more

knows

fellow

who

man

it

sentence

After

prisoner

of

tlu'

lawyer

friendless

and

crime

more

iM'ejudice. Every
poor

ernor's
ex-Gov-

on

the

observation,

convicted

the

on

the

and

and

are

his

but

by the Governor

confessed

experience

who

said
as

convicted

committed

had

offense,

said

as

hanged,

was

prisoner's w'ife.

the

sentenced

was

serving

was

hanged,

be

to

who

man

Patterson,

ex-Governor

to

cousin

imprisonment

intervention

the

he
negro

had

ilowors

sentenced

and

reason

hanging.

Duke

while

innocent

an

the

to

Secretary

that,

honor

that

tor

recently.

him

former

Scruggs,

and

innocent,

it

developments

later

l-'rom

was

man

ncM)per pardoned

riovernor

states

pari

juds^e sentenced

tlic

and

verdict

their

of

Had

of

moted
pro-

organzed

would

penitentiaries

have
shows

that the

majority

illiterate.

are

religious training,and,

or

from

choice.
in

and.

They

have

of

none

course,

"weak

are

instances,

manv

of

of them

Many

them

had

no

arc

criminals

vessels," depraved
Yet

monomaniacs.

moral

degenerates,

they hollo, "PTang

him."

It is estimated

question that 90

the

had
State

and

the

elected

the

agents

of

says

they

must

State

has

nothing

do

reformatory
necessary,

It

but

and

crime,
State

the

callous

officers

that

manner

the

and

yet

that

trained
from

did

and

tims
vic-

houses

the

In

underworld

ihe

kill

owes

them

the

influences

moral

fault.

at

duty towards

your
in

State
them

infancy
scruple

not

men

when

duty

to

around
You

it

in

them,

ask,

may

contributes
them

educate

and

when

and
"What

give them

them, and
that

become

them, by placing them

its character,

expirate their crimes

hope

city.

men
gun-

are

gambling

spoils with

the

by

it

will

we

them?"

Why,

of

in

to

right

the

downfall.

with

out

to

till they became

fails,organized society is
do

blood

They

for

vented
pre-

four

hanged.

great
in

them

trained

been

crimes

their

throw

their

exercised
the

their
a

been

life.

No
to

had

They

commit

taking

society educated

have

example,

agents

divided

by the people of

forfeit

be

to

been

had

ill-fame, and

of

law

in vice.

For

sentenced

They

environment.

houses

of

City

would

charity been

prudence, and

York

studied
scientifically

have

crimes

the

muinicpal governments.

New

of

of

cent

per

and

care,

and

of

to

by sociologistswho

worthy

will
of

for

prepare

give them

they

teach

training, and

mental
and

and

in

be

the

most,

rewarded

again taking

fellowmen.

"

17

the

in

prison,

them

morality, and,

if

allow

them

to

hereafter.
if
if

their

not

the

right

Make

men

all instances,

they
places

will
among

the

reform
their

"RETRIBUTIVP:

KOR

PLEA

Till-:

L\

FALLACY

THK

'

JUSTICE."
But

criminal

nearly
old

but

one

Levi

thousand

two

the

the

of

law

abolish

to

were

yet

would

it

say

and

their

lives

wife

who

liev
be-

her

life,

sanctioned

much

one

Simon

forfeited

husband

as

no

the

revenge,

her

enemies.

our

"I

says:

as

right

not

was

on

God

by

to

fellow-man."
but

case,

refer

they

know

the

right

to

I did

not

intend

the

articles

to

any

ministry for

that

man

ing,
say-

they do."

what

not

in the

been

any

you

impliedly

he

forgave his murderers,

He

have

enemies,

his

yet discovered

never

delegated

for

died

forgive them, for

I have

and
has

the

of

offense

every

of

deprived

under

even

David,

Lamech.

law

for

penalty

were

from

and

came

Mathew

his

and

kill

"Father,

of

God

murder,

us

years,

old

polygamy

Christ

F'ather

none

failure

perished

that

them.

When
forbade

yet

was

his crime.

for

measure

the

that

even,

vengeance

the

Moses,

Cain.

different

slavery and

and

which

that

and

That

under

Under

account.

blood

years

all murders,

for

measure

ago.

death.

was

in

to

law.

Jewish

were

that

punished
spirit of

old

the

enlightened day

this

in

say

be

should

is

That

will

few

founder
take

tianity
Christhe

away

into

going

of

thirty

life

that

phase of

the

appendix

printed in

hereto.
ABOLITION

WOULD

NOT

INCREASE

advocates

of

LYNCHING.

It is claimed
it is

abrogated,
to

come

our

penalty there
there

for

executed
were

would
A

learned

penalty
mobs.

it would

aid.

In

has

not

eighteen

were

fifteen

by the

as

The

rape,

men

from

increase
the

that

lynching

United

in the

January

made

statesman

Here

in

i, 1912.

again statistics

several

States
to

the

who

November
do

not

death
while

years,

last year

We

if

penalty that

abolished

have

lynched, leaving only three.

be

death

lynching.

State

been

the

were

15, 1912;
think

ditions
con-

worse.

and

criminologist has

inflicted

said

is a perpetual
by governments
greatest danger in a republic is a mob,

"

18

"

'The

death
for

excuse

and

as

long

as

inflict the

States

State

If the

ready

does

should

time

In

other

Some

^7

why

words,

members

has
cent

die

in the

die
and

of the
of

out

few
the

elect corrupt

outside

say

guilty. Why

quickly what

said

ten

the

as

the

prisoners received

walls, and

have

seven

at

it

par-

the

large

per

they could

Besides, when
assume

you

likely to

not

sen-

are

so

Holder.

been

because

one

that

pardoned

is

life

single life prisoner

wrongfully,

which

be

power.

cent

per

know

Lee

was

pardoning

5 3-10
not

would

they

thqsj given

were

pardoned

the

We

pardoned

were

only

years,

and

prison.

Governors,
life

150

of

cent

said

have

have

not

^r

prison walls,

will

last

from

they will be

of

did

commuted,

are

who

assume

the

will

PRISONERS.

penitentiary;that only

5 7-10

you

Out

do

mob

Legislature

89

that

escaped

ever

the

Governor

show

records

doned,

the

not

may

LIFE

of

bill if the

tence

is

with

mob.

mob

he

ample.
ex-

in techincalities?"

PARDONING

.The

the

slowly?

does

for'the

The

know

we

follow

life sacred, the

suspected.

trial

is the

wasted

be

consider

not

strangle the

only diflference

"The

law

will

rope,

will

penalty of death, mobs

you

occur.

State

prison within

pardoned,

to

some

developed that he

die

cent.
inno-

was

CONCLUSION.
I want

to

sympathy,

say

that

that

it is

moved

for

the

passage

of

the

best

interest

of

"maudlin

no

the
this

the

parties whom
We

measure.

old

sentiment,"

"\^olunteer

I
have

State"

nor

misplaced

interest

no

and

her

work

to

represent

except

hospitable

citizenship.
For

the

you.
passage

of

foregoing
and

each

this

reasons,

of you.

respectfully but

we

to

use

and

vote

your

earnestly

influence

for

bill.

Respectfully submitted,
R.
On

L,

Behalf of Himself, Duke

"

19

"

SuDDATH,
C.

Attorney,

Boivers, Et

Ah.

quest
re-

the

The

OPINIONS

OF

OTHERS.

following opinions

are

taken

thought relative

of

Andrew

it must

life is sacred
As

it.

incendiary as

the

is the

example
death

civilized

life in every
for

high regard

be
..

of

bad

against

made
to

of

human

evil force

be

sufficient

law

no

The

can

that

teach

The

country.

life needs

life to

that

argument

the house

burn

or

inviolable.

in itself should

and

thief

the

that

teach

to

to

deliberately destroying

of

human

held

be

strongest

penalty,

for

it steal from

should

wishes

example

the

set

extraordinary judgment

no

government

snufif out

to

and

life is sacred

not

might

well

if

that

truth

the

comprehend

'"It needs

Palm:

J.

periods

subject:

this

to

diflferent

from

the

of

law

who

man

the
life
has

restrain

to

his

from

hand

murder."
Neuman

Paul

B.

Mr.
chaos

if

Eldon

heartily agreed."

G.
the

men

not

were

Vicars

Raleigh

unjust method

"The

of

for

hanged

be

to

condition

mental

"Lord

says:

obstacles

of

punishment,

"I

shall

predicted

petit larceny,

and

in the way

makes

man

EUenborough

hanging
is

and

of
a

major

Lord

determining

dangerous
objection to

and

the

same."

Lafayette
I

until
to

have

insist

having the
of human
infallibility

the

on

death

ished
penalty abolstrated
judgment demon-

me."

Elizabeth

Cady

Stanton:

"You

ask

me

if I believe

in

capital

When
punishment.
Indeed, I do not.
men
are
dangerous to the
public they should be imprisoned ; that done, the remaining consideration
is the highest good
of the prisoner.
Crime
ease;
is a dishence
be
moral
our
prisons should
all
seminaries, where
that

is true

jails,our
will be

and

prisons,
until

the

It makes
inflicted

noble

on

our

in

whole

mother
me

criminals

should

man

idea

of

nurtured

shudder

to

the

think
of

name

"

20

"

into

punishment

is represented

soul

in

be

of

in
the

our

is wrong,
criminal

cruelties

justice, and

life.

of

Our
and

lation
legis-

that
the

are

awful

of

waste

life and

thousands
of

of

my

if- a

the

in

the

son

victim.

"As

am

and

hundreds

to

of
I hear
execution
every
life and
thought today. I make
and

sentence

of

of

out

boys in these abominable

the gallows, it is the torture

promising

country.

current

crushing

the

and

Every

the

of

"

men

present

life.

break

my

noble

of

bastiles

force

my
with

him

in

the

of

solitude

last

that

awful

of the hammer
and
the
night, broken
only by the sound
in preparation of the dismal
of the
coarse
jeers of men,
pageant
his
and
of death
brow,
coming day. I see the cold sweat
upon
of sorrows
that rest
his soul, with
weigh the mountains
upon
its sad
of the past, and
memories
fearful
fore-bodings of the

world

to

and

know

and

pray

knows

with
of

cost

"There

will be

soiitiude

when

William

imagine

me

mothers

the

agony,

all

man

that

struggle.

land

and

weep

is lost.

Woman

does.

dungeon,

no

death

the

over

soul

every

than

heedless

no

cruelty

in

the laws."

make

"I

Bryant:

warfare

your

over

gallows,

no

mortal

mothers

life better

Cullen

in

the

thousand

ten

groan

the

know,

come.

against

barbarous

the

with

heartily

am

as

you.

practice

of

you

ment
punish-

is that your
be crowned
labor may
by death, and my prayer
with
T am
Sooner
later
confident
that the
or
perfect success.
infliction of the punishment
of death
as
by the law will become

obsolete

the

to

civilized

r.. Whittier:

Alice

Carey

"I

by the rack."

torture

as

subject of capital punishmen

much
and
in saying
have
hesitation
consideration,
no
that I do not
regard the death
penalty essential to the security
and
well-being of society ; on the contrary. I believe that its total
would
the
which
abolition, and
greater certainty of conviction
it
tend to diminish
rather than increase
the crimes
follow, would
is intended
to prevent."

of

John

world

what

must

have

of

crimes

the crime

is

murder
attended

with

Henry
years,

an

\\\

"I

"

given

the

probably, add anything to the force

been already said by your
contributors
against
ond
capital punishment. As I regard it. the seccannot,

than

worse

extenuating
Longfellow

opponent

have

of

the

first; for

circumstances
"I

am,

the
"

and

capital punishment.

"

21

"

first may

not

have

so

been

have

the

second."

been

for

It would

be

many

useless

to

state

my

those

They

reasons.

other

the

influence

hich

"I

do

the

main,

the

in

are,

exactly

know

as

penalty."

death

the

to

opponents

doubtless,

same,

far

how

shall

Seymour:
in favor
1 am
decidedly
with
to capital punishment.
regard
agree
for many
code
criminal
reasons.
By so doing
of softening our
of guilt.
in cases
shall secure
certainty of conviction
greater
we
Horatio

am

hope, rather

we

than

fear.

of men,
the more
I see
learn
and
longer I live and the more
disposed to think well of their hearts and poorly of their

The
I

of

influence

in the

believer

strong

not

am

heads."

in

him

prerogative of

sole

I have

hands.

for

murder,

any

offense."

because

Matthew

Father

power
it. Human

gave

laws, therefore,

are

it to
they transmit
prerogative when
of death
said nothing of the punishment
for
it an
consider
improper punishment

has

"I

T have

and

who

life is the

human

over

against this

rebellion

human

"The

Rush:

Benjamin

Dr.

been

have

yet discovered

never

delegated

to

that

any

right

"In

our

man

in the

thirtyyears

about

founder

the

to

take

age,

and

tianity
Chris-

of

life of his

the

away

istry
min-

fellowman."
Ward

Henry
which

Beccher:

civilization

Christian
there
of

is

need

no

placed within

has
of

the

with

the

reach

of

penalty, and

death

resources

civil governmen
every

siderati
con-

It
humanity
pleads for its abolition.
does
of justice,and
well the ends
not
often defeats
them.
answer
.\s an
it tends
rather
to
example,
brutify than to quicken the
moral
of .spectators, and
sense
yet, while the fear of hanging does
deter
not
from
deters
crime, the fear of inflictingdeath
men
many
inals.
a
jury from finding a just verdict and favors the escape of crimIt is the rude justice of a barbarous
We
ought, long
age.
to

ago.

have

to

within

the

four
we

walls
have

no

could

never

absolute

absurd

it."

Phillips:

It
of

with

done

Wendell

and

reason

any

as

long
right

as

to

in

such

of

resources

gallows

have

necessity,
make

"The

we

been

order

plea
modern
see

punish

defended,
to

for

protect
it now,

times,

fit. That
him

"

should

"

except

society.
since

we

the

on

It

gether
alto-

ground

would

all know

be

that,

within
keep a man
guards the community, and

in order

22

abolished

be

we

can

to

deter

others

from

fol-

is

sentence

Court
to

of

be

part
United

the

delivered

judgment

United

of

case

by
of

District

the

for

States

in the

found

Reports,

of

States

in

me

1867.

Iowa,

is

and

Woolworth

Gleason,

vs.

Circuit

the

140:

is
offense
to
attaches
the law
one
penahy which
your
believe
for I do not
does
which
not
judgment
private
approve,
my
the observance
enforce
is the best means
to
that capital punishment
of society, it is
of
the
laws, or
that, in the present state
that
T
for
have
for
but
its
more
no
right,
protection,
necessary
"

'The

refuse

to

reason,

to

CAPITAL
By

Has
under

man

not, because
God

He

which

would

Great

Lawmaker,

If

He

of

made

said

So

of

thenL

when

so,'man

has

its

prevent

he

in

to

no

for

conditions

wise

the

commandment,
under

mean

that

human

law

Moses

it be

to

the

thou
vides
pro-

life of

what

Sinai, and

and
his

his

preserve

and

meant

at

divinely made

take

logue
deca-

'

granted that God

to

the

commandment

every

code

humor,

commandment

every

wnth

when

entire

the

this

steal when

the
to

from

grim

think

sincerity of

destroy

would

moral

amend

in the

man

steal"

not

it for-

right

body of
they cannot

or

of

deal

we

the

gave

being taken

or

no

has

depart

may

in

all crime.

excuse

shalt

I take

right

no

man

provides
man,

"Thou

cc^ndition, unless

any

Xo

and

abrogation

might

He

therefore

under

what

the

it.

of

kill, and

not

indulges

or

fellow-man,

life?

own

shalt

practically would

illegallysteal, but

not

nullify all

and

for

his

save

it,

means

his

life of

"Thou

jjrovision to

conditions.

for

He

either

the

to

says

binding force,

provided

shalt

take

to

except

law

and

resist it.

to

D.D.

Rolling,

destroy the confidence

God

certain

T.

right

divine

the

this

says

as

W.

circumstances,

any

have

you

PUNISHMENT.

moral

any

than

law

obey the

'"

if

given law,
fellow-man.

life, and

own

by another.
justly

caul

men

restore,
under

alters the

moral

"

and

which

crime

24

"

claim

because
man

may

involved

the

right

to

human-made
take
in

the

doing

take
law

life of
so.

It is urj^ed
maintain

tliat

capital punishment
but

government,

this

is

is necessary

in order
without

assumption

mere

to

in States
counties
and
which
have
doned
abanproof, for g-overnment
capital inmishment is as good, if not better, than in those
still use
States which
this mode
of punishment.
To
take a man's
life is no
punishment, so far as this life is concerned, and man
has no
to punish in the world
to come.
Really punishment
power
is only in relation to this life so
inflict or
suffer
far as
can
man
it, and
that the State takes the life of a man
to
to claim
punish
him
is sheer folly. Life imprisonment
be real punishment,
would
and
with
in the
and
man
living and yet alone in self-communion,
and
far
of his crime
death
as
a
folly, would
surpass
presence
punishment fr)r the taking oi the life of his fellow-man.

Many
taken

his

a
own

live

to

the

under

man.

burden

life,because

death

in

of

presence

is far

take

of

out

cases

it is

ten

this

hope,
life imprisonment,
for
punishments.
away

and

sin

and

preferable

conscious

it. True, many

having committed
of the
death
sentence
commuting
nine

his

of

crime

has

shame,
to

and

being

pelled
com-

for

remorse

petitioned for the

in
life imprisonment,
but
to
the hope of pardon : and
done
under
would
the same
men
prefer death to

then

has

man

would

death

be

the

least

of

the

two

The

life is but a relic of heathenism,

and
taking of criminal
civilization.
utterly antagonistic to the law of God and Christian
It does
not
bring back the dead ; and, in humanity, satisfies only
nal
the low
in the living
a
spiritof revenge
spiritmurderously crimiwithin
"'Ye
itself, and severely rebuked
by the Christ himself.
"

have
for

tooth,

for them
is

it said, in olden

heard

out

of

but

and

for
at

life
the

upon

his

crime

life.

Add

to

this the

Governor,

making

shown

for

eye

love

you,

that

beyond

an

time
that

innocent

puts
of

the

life sentence
man

has

be
been

tooth

and

pray

taking of human

seal

life

of

contamination

by depriving him

power

for

for

opportunity

of

pardon

life, unless

wrongfully

of

from
it

can

condemned,

then
would
of pardons, and
have
we
through a board
for the innocent,
ing
meetpunishment for the guilty and vindication
for taking
is not
the design of all just law, which
revenge
and

this

put

and

eye,

enemies,

some

the

be

can

any
withdrawal
a

the

gives the criminal

same

an

your

dispitefullyuse you." and

with this teaching.
harmony

reformation,

be

unto

say

an

that

lmj)risonment

the

times,

"

25

"

i^uilty.hut

the

upon

and

society

State

the

is alone

right
province

of

lodged

in

State

is

the

of

has
law.

place in the
To
imprison

divine
for

and

just

reasonable,

usurpation

of

of the power

the

at

power
of life

the

upon

the

lines

deal

with

in the

taking
which

revenge,

in human

none

his

isfact
sat-

all

and

liberty

man

of

time

protecting society, is

of

which

death,

or

have

and

part

and

adequate
be

there

can

same

humane,

even

What

should

and

law,

that

to

power

satisfy a spiritof

to

it, as

all Life,

no

life.

State

take

to

nor

living along the

the

life,depriving

privileges,while

citizen

of

future

the

or

it be

life, unless

human
no

individual

the

to

Giver

protect

to

individual

the

any

only, with

of the

order

right

with

deal

present

conditions

things and

Great

the
to

of life, punishing for the

the

has

give life, neither

cannot

Since

innocent.

the

vindicate

to

in

guilty

the

punish

to

this

beyond
State

the

alone

is

exercise

in the

belongs

but

God.

to

life by
judge by the past, the taking of human
is no
State
the
remedy for crime, for in the face of possible
life was
and
human
murder
the increase,
is alarmingly on
death
never
so
cheap as it is at present, and certainly there is a demand
other
for .some
ment
deterring preventive of crime, for capital punishis a
failure.
With
the
capital punishment
penalty for
the taking
crime, it is difficult to get a jury to convict, because
If

of

to

are

we

life is repugnant

human

and

utterly out
unconsciously
men

who
on

am

able

nations

life will be
If

this

of

grows
is

that

nature,

so

taking

human

life

"

imprisonment

disagree with
to

even

see

my

men

grow

com-

for

me,

and

way
more

be

ized,
civil-

less

poi^ular and wholesale

der,
murregarded as the last resort
by the

and

the

of mankind,

type

life

will

many

earth, and

be

for

get everybody
I am
that, as
sure

rightly valued
is

of

to

right in their view, but

capital punishment
in the shape of war,
civilized

idea

verdict

that

aware

been

never

the

coarsest

refined

with

from

readily give
acquittal.

the

even

harmony

recoil

men

course,

I have

all

would

l^romise
iJi

of

to

time

the

will

shall be

war

no

come

when

human

more.

Christianity will have proved a

failure, to become
efifete religion,cast by intelligenthumanity
an
the religious scrap-pile of the
upon
ages.
Is it

not

punishment

not

time
and

to

to

put

case

aside

adopt the

more

"

the

unwarranted

humane

26

"

and

penalty
effective

of

capital

punishment

pardon?
by life imprisonment, put beyond the reach of one-man
The
capital punishment experiment has proved a faihire, so
far as
it bein,^ a remedy
for crime
is concerned,
and
we
tainly
cershould
the crime
for which
to
cease
officiallycommit
we
fellow.
han.e^the other
Mfiiipliis Commercial
Appeal, January
"

26, 1913.

DETECTIVE
Stout

AGAINST

Capital Punishment

Says

IT.
Should

Re

Abolished.

"Capital punishment does not act as any benefit in deterring

of the Stout
crime," said J. T. Stout. Chief
Detective
Agency,
Democrat
talking with a reporter for The
yesterday.
"I

think

that

and

wrong,

should

has
of

the

shown

principle of taking a life for a life is entirely

be abolished.
tect
My long experience as a dethat

me

not

out

carry

the

fullest aims

justice.
"We

crime
man

would

where
that

in this State
capital punishment
today and
yet
still continues, especially murder.
I believe in giving every
if possible, and
I think
chance
that imprisonment
for life
chance
life in prison,
at least give a man
to lead a decent
a
have

otherwise
much

can't

he

value

work."

to

There

who

are

many
in
ideas

believe

in

anything else
the

as

H.

if in

laborer,

prison he

whereas

is of

dead

men

Lewis.

W.

do

blood,

and

find

Then

Democrat.

who
persons
the
treatment

blood

can

dead.

State

the

Nasln^iUe

"

be

would

By

in

it does

for
the

to

crime

of

total

sum

want

not

who
of

and
do

the

not

investigate
criminals,
want

argument

to

in

gressi
pro-

those
believe

its favor

Pentateuch.

uncertain
is an
ignorant conscience
guide. Slavery was
assented
institution of so long standing that it was
to as
an
right
and
without
investigation on the part of the great majorproper
itv. Arguments
from
in favor
of slavery were
drawn
the Scriptures,
it was
from
and
defended
the pulpit as a divine
institution
because
Moses
held it to be such.
are
Many
displeased
persons

An

with

the

idea

of

doin

with

gaway

"

27

the

"

death

penalty, and

charge

Word.
disbeHef
Sacred
in
ideas
the
a
as
origin of such
it is
sentiment
for the Bible, but
These
a
people have
strong
"Whoso
sheddeth
The
sentiment.
two
mostly a mere
verses,
be shed," and
the one
like
man's
blood
shall his blood
by man
his son," constitute
the
it, "Pie that spareih the rod hateth
"imto
the

of

total

sum

for the

respect
take

to

firm

their

faith

the

in

of

if

they had much

usually in the
persons,
as

Lord"

saith the
the

for
them

others

that

Lord

of

just in time

to

Tt will

less than

The
may

seventy

what

that

what

make

with

that

waiting

force

ahead,

Lord

set

ciple
printhe

set

obstructionists
the

to

the

on

themselves,

help

thank

and

while

sufficient

these

"Thus

want

progress,
and
undertake,

situation, go

that

slavery

years

ago,

come

that

the

part
the

on

of

defended

was

North

the

up

victory

the

from

the

pit
pul-

South.

and

clergy
that

ground

good

was

century.

ago

hardly

advocates

allowances

no

twentieth

ardent

of

van

and

to

to

be

conservative

they draw

their

spir
in-

principles by which
governed, largely
they are
been
aptly called the "carpenter" theory of creation.

years

is

advice

their

the

thousand

It

while

prayer.

for

has

They

those

on

accounted

and
from

helps

and

tendency

be

the

denied

be

not

Testament,

Paul's

on

come

grasp

"amen"

say

by faith

won

to

in motion,

reform

the

of

rear

voice"

in action,

the

largely

everything they

'.'stillsmall

wheels

was

for

Old

the

Timothy,
for his stomach's
sake.
They are
just as
moderate
drinking
hanging, whipping and
authority for their position. Many
more

is based

new

little wine

of

knowledge

for

the

enough

for Abraham

is

enough

good

to

necessary
of the

law

to

race

and

for

but

grow,

^Moses

four

I'ennesseans

add

that

that

demands

ministers,
blood

in

as

five

or

this, the

body,

for

think

are

blood, and

they can
justly claim the credit, whatever
it may
be, for having
kept the old law so long in force.
Some
of their ablest
men.
however, who, by the way,
are
usually the most
liberal, are
posed
opto overcoming
evil with evil, and
had
have
the courage
so
to

express

\\'hen
a

custom

preachers

themselves.
ministers

they

into

in

convinced

the

satisfied

were

slavery right

go

become

in

contest

that

went

28

"

it is their

earnest.

slaverv

Tennessee, they

"

that

in
at

Tudea

it "tooth

duty

As

soon

to
as

fight
the

did

not

and

nail," and

make

much

(lid

to

If the

existence.

the

create

time

impression

banished

that

when

slavery from
another
Jewish

they outgrow
when
that the vilest sinner
custom,
they believe what
they preach
that forgiveness, mercy,
and
better
return,
amity are
may
than
then
death
retaliation,and blood
as
a
ment
punishvengeance,
for crime
will be relegated to its proper
the
place among
relics of a lower
found
degree of civilization.
Suppose we
our
criminal
crimes
fense
ofthe Mosaic
what
code,
or
jurisprudence on
clude
would
be punishable with
death?
Here
is a list that inof them
bread
Murder,
:
kidnaping, eating leavened
many
kill a person,
craft,
witchto
during the Passover,
ox
allowing a cross
and
bestiality, idolatry, oppression of widows
orphans,
making holy ointment, violation of the Sabbath, striking father
mother,
or
offering with
sodomy, eating the flesh of the peace
of blood, offering children
to
uncleanliness, eating any manner
Moloch,
idolator, going after familiar
spirits,unscreening an
or
unchastity before
marriage, when
charged by the husband
chastity of a priest'sdaughter, blasphemy, forbearing to keep the
and
the tabernacle,
Passover, uncleanliness, stranger coming near
comes

"

"

number
No

ment

of others.
how

matter

be, the

may

criminal

law

very

crude

the

rudiments

of

ceremonial

"Whoso
is

moral

as

they

better
of
has

God's

for

the

for

the

ceremonial

it

after.

come

is

adapted

was

their

first

Old

to

Te

ta-

and
in

men

advances

by

blood

Ministers

admit

longer binding, and

no

in
except
with
Xoah,

in

man

case.

of

in

which
shall

numbers.
occurs

his

blood

that

the

that

the

They
the
be

sist
in-

verse.

shed."

all nations.

derstand
They do not unand
in the
the
it is repealed, both
that
language
li they believe
Testament,
as
firmly as they
spirit of the New
is pleasing to God
and
a
pretend that killing the murderer
duty
executioners
act
as
sacredly enjoined upon
:
man.
they should
hesitate
to
not
they certainly should
pull the string or cut the
the
of
murderer
that
sends
the
to
soul
a
answering bar of
rope

binding

all time

the

religious truths : that it taught them

prepared to receive, with a promise

Jews

man's

for

say

force

no

respect

making

wxre

were

to

can

is that

and

covenant

sheddeth

he

Hebrews

of

law
code

that

that

most

the

man's

any

condition, who

only as much
of something
criminal

great

and

upon

God.
The

prinicplesof

Jewish law of penal jurisprudence are

to the
spiritof Christianity that there

the

diametrically opposed

"

29

"

so
can

be

compromise

no

"Ye

He

says,
eye, and

evil,"

for

tooth

prevail,

must

them

for

tooth,
the

very

or

Moses

right.

as

died

Moses

sinful, Christ

required

for

teacher

and

Moses

mercy;

single nation, Christ

sist
in-

Moses

;
was

giver
law-

gospel for the

gave

knowle
ac-

Christ

death,

sinless

was

be

must

to

an

resist not

ye

you,
forbids

enemies

his

for

eye

an

that

imto

thing He

put

was

sacrifice, Christ

on

I say

but

said

been

it hath

that

heard

have

when

command

Christ's

Either

them.

between

world."
H
as

had

Jesus

Sermon

in the

found

His

given

not

on

Mount;

if he

the

on

this

thought

had

Moses,

of

law
not

set

up

might pretend that this

higher, then we
for
of murder
statement
was
a
for the punishment
of Moses
law
But
His
of civilization.
all forms
teaching
all generations and
immeasurably

standard

is

actually

much

as

of

in advance

was

pleaded

be

can

shalt

not

did

He

with

there

kill"

not

It

is

no

are

any?

make

is

Nashville

"

committed

per

5,500

when

the

on

FEAR

for

per

show
the

which
"Thou

other

God's

than
well

as

covenant

individuals,

on

as

What

to

DEATH.

an

average

ten

during

year

did

made

years,

the

that
hold

death

hand,

OF

past

desperation takes

the

command

conclusively proves

Putting people
but,

Bible

was

right

have

to

we

Banner.

year,

suicides

Which

more

statistics

Government

deter

it

commandment,

the

to

binding on nations
exceptions provided.

THE

and

is in the

is all there

exception

an

when

men

that

as

this law
against killing, but
Jesus did enforce
indirectly,recognize any exception to it.
not, directly or

Noah.

for

practices of

law

kill."

shalt

"Thou

as

Moses

of

Moses'

of

advance

and

ideas

the

this law

But

given.

in

more

or

of

not

it the

in

the

homicides

United

States

time.

same

the

i,6oo

of

fear

of

death

does

not

man.

deter
most

the

Christian

powerful

religion
religion in

world.

Christ, who

death

by a howling mob, and who had

the power
to save
himself, exemplified and
ness
proved the correctof the doctrine
which
He
preached.
"Vengeance is mine,
saith the Lord."
"Be
with evil, but overcome
not
evil
overcome
with
Duke
C. Bozuers.
good."
was

put

to

"

"

30

"

only
as

have

seven

let them

to

and

jury

the
and

heart

in these

cases.

with

anyone

did

by

doctrine

"The

old

that

Great

of

years

5,500

suicides

of

his

the

man

year,

fear

of

life.

own

The

joining the

from
death

the Volunteer
"The
and

fear

does

of

the

hang

him

by

crime

the

for

merciful

and

him

not

from

prevent

would

even

ancestors

If the
the

bear

not

hold

taking
our

country.

our

which

of

fear

of

name

when

wrong

us

unto

unchristlike,barbarous
standpoints

this

to

we

take

in his misdeeds
be

merciful

us.""

would

we

unto

Ka^hvil

Ic

"

the
have

well

as

as

being-

him

having
being

take

and

out

dead.
have

not

human

committed

soul

ancestry,

been

cursed

sight of God
in

name

is

pay,

same

in the
His

us

human

is dead, dead,

from

what

of

purpose

God-given

and

all of

and

unfortunate

that

but

the

he

sprung

knows

I pay,

for

until

know

to

vilest lawbreaker

"Help

homicides

deter

statistical

pay,

State

environment

Who
a

you

neck

have

we

same

devils?

great

the

is able

death, had

from

misguided,

weak,

"Who
same

taxes

in this

poor,

the past ten

For

standpoints.

someone

some

T.ord.'

the

saith

desperation takes

ghastly,inhuman,

is

penalty

all other

paid

of

State

our

evil, but

when

did

in defense

army

with

State.

death

"Part

not

death

of

absolutely inexcusable

from

in

death

ernors
Gov-

away

of

i,6oo

about

that

showing

prevailed,then

had

of

average

an

per

done

homicides.

deter

not

guilty,

the

what

done

is mine,

because

not

was

so

Death,

of

does

been

have

there

have

good.' 'Vengeance

fear of death

he

'an eye for an

eye' was
who
said, 'Be not overcome

Fear

"The

decided

man

would

in him

Teacher

evil with

overcome

the

tried

that

court

of them

people, one

their

with

die at home

been

having

them

of

Some

pardoned.

been

vain

the
to

put

was

been

thrown

with

the

we

commit

as

does

the

as

same

others

as

Tcnncsscan

32

"

we

would
and

have

American.

God

be

AGAINST

PAYNE

DR.
Educator

Crimk

Not

Does

Custom

Barbarous

Dixlakks

PUNISHMENT.

CAPITAL

Act

Deterrent.

always
George

of my
feelings are against capital punishment, and
of the
lirnce
R.
heen."
said Dr.
I'ayne, President

"All

have

with

I'eabody College, talking

night.
"Even
that

the

barbarous

custom,

"When

broken

thereby neither
When
a

"Well.

in

reformation

helping

is

criminal

better

the

at

time

same

thing,

good

nor

snuffing life out,

deterring crime."

to

seem

dangerous

get

should

and

be

anywhere,

society, then

to

pairs
re-

than

thought the bill introduced

yesterday
be passed. Dr. Payne
should
replied:

doesn't

punishment

and

if he

it is

yes.

criminal

it is far

and

one.

life. I think

asked

good

last

Democrat

The

of

punishes

State

for

reporter

capital punishment is cruel, and I think

It is rather
is unnecessary.
of punishment
a
and
theoreticallydoes not reach its ends.

thought

method

such

as

lock

so

was

passed. Capital
If a
to
speak.

him

up.

"Frequently the very lowest

represented in
type of criminals
considers
but rather
the South
it not dishonorable,
by the negroes
of his class to die the ostentatious
distinguishing, for members
death

"On

scaffold.

the

on

example of long
enforced
labor on
or
pubilc works
proves
deterring influence than capital punishment."
the

other

hand,

the

"

PARRISH

DR.

the

in

ment,
imprison-

much

stronger

Democrat.

The

PUNISHMENT.

in any
form," said
totally against capital punishment
of Nashville's
H.
P). Parrish, one
prominent physicians, and
from
the Twentieth
Councilman
Ward,
porter
talking with a re"And
I am
Democrat.
for The
willing to do anything

"I
Dr.

CAPITAL

AGAINST

of

years

am

to

reason

do

away

with

"Capital punishment
but

thing for

the
a

it.
is

right thing.

civilized

barbarous,
1

community

do

not

33

think

have

to

books.

"

and

"

such

inhuman,
that
a

and

it is the
law

on

its

thing
anycorrect
statute

"No

as

Hfe

has

man

of

that

it

give back.

cannot

bill introduced

the

Legislature is
it will go through.

that

"From

should

we

do

which

has

he

store,
re-

take

to

Gilbert

C.

and

one.

cannot

right

no

Charles

by

excellent

an

the

and

certainly hope

tianity,
Chrishumanity, civilization and
with
The
capital punishment."

standpoint of

the

State

the

in the

others

something

take

to

therefore

which

think

"1

right

it, and

see

man

away

"

Democrat.
AGAINST

PASTOR

POPUL.AR

LEGAL

KILLING.

mercy's' side,'' said Dr. Carey E.

prefer to learn towards
of the most
popular ministers in the city,and pastor
Morgan, one
Christian
Street
when
last night if
Church,
of the Vine
asked
abolishment
for the
of capital punishment.
he
was
"I

"My
for

whole

abolishment.

the

well

as

It

"We

under

not

are

eye, and
of God.

for

tooth

We

the
a

"It

seem

than

rather

the

sheer

The

"an

gospel

for

eye

of

the

an

grace

and

do

looking toward

the

reformation

om-

good

to

us.'

serve

as

would
a

surer

be

Christian, and.

more

ijrotection

for

society."

Democrat.

PROMINENT
"I

am

Nicholas
when

the

ence
influ-

the

reformation

of

of

you

enemies

punishment

perhai)s, finallywould

law

with

under

method

some

under

'love

to

that,

me

Mosaic

but

method

some

be

ancient

tooth,'

are

that

to

seem

should

taught
that despitefully use

them

"

does

Christianity,there
as
punishment.

of

against it,and, really,I'm

rebels

nature

RECTOR

OPPOSES

heartily opposed
Rightor, assistant

to

rector

DEATH

PENALTY.

said
Rev.
capital punishment,"
of St. Ann's
Episcopal Church,

interviewed.

always i^ecn against capital punishment, for I think

that civilization and
reformation
rather
than
humanity demands
man's
life is napped out
punishment from a criminal, and when
a
there is no
world
opportunity for reformation, as far as the outer
"I

have

is concerned.

"Capital i)unishment
and

age

we

are

not

under

is

the

"

barbarous
ancient

34

"

custom,

law. of

for
Mosaic

in

this

day

days, call-

ing" for

for

'eye

an

an

and

eye,

for

tooth

tooth.'

The

"

Democrat.
"I

have

criminal
be

makinj^

or

thing

good

"In

To

it

into

abolish

to

Of

Democrat

it is the

effected

in

Government

the

revenge,

Those

basis

idea

that

of

that

of

on

crime

its

of

where
than

other.

the
be

stupid and

tific
unscien-

prevented,

is

made

In

death

understood

chief

is

the

its idleness,

creates

social

by the

social

wealth

of

rational
no

system

exists,
and

useful

longer exist,

also

where

and

to

in

to

dissipation

neither
which

all

activity, the
and

ennui.

prevent

opulence

vice

-35-

and

employed

crime

way

vicious

of

extremes

incentive

will

vicious

members

Poverty,

of these
are

removal

vice, for

and

to

ease,
dis-

is unnatural
and

hand

one

abolished

of crime

cause

on

been

crime

only be effected

can

with

order

ta-

public exhibition

penalty has
Since

poverty

idleness, tends

and

will

in

themselves

crime,

lessen

or

well

so

generally

very

effects.

elsewhere.

as

prevent

longer

no

The

Wealh,

not

This

it.

study

of all aristocratic
classes whose
living is characteristic
not
are
obliged to labor and are compelled to find some
enforced

of

idea

savage

if nnt

restrained,

does

the

causes.

conditions, such

amuse

is not

punishment

blundering,

problem

only

not

prevention

or

generating

the

this

demoralizing

districts

cure

is to

penalty is

is less safe

social

and

causes,

infliction

in

matter
is

propagate

to

death

those

the

definite

the

by

this

made

have

rather,

of

its

which

which

of

punishment

day that the

one

Democrat.

punishment.

who

tends,

no

"

l^irst, that it is a
it is really a
form; and,

effect of

or

with

the

by examples

In

result

deals

manner,

because

time."

usher

to

man

any
7 he

criminal.

the

but

for

it is not
his

slightest degree

the

it would

insanity,of

that

I think

PUNISHMENT.

of The

second,

agree

society,and

life before

AND

like

upon

for

it.

CRIME

disease

punishing^

of

this

crime, all crimnologists affirm

real

social

method

of

dispensation

tlie other

Editor

the

fav(^r

example

an

this christian

another

in

been

never

in

with

to

its

sities.
propen-

poverty

some

vicious

naturally

form

living
vanish

tor

conditions

oi

want

would

and

is unnatural

which

thus

will

conditions

social

rational

in

exist

not

crime,

all

eliminate

time

of

establishment

The

iheni.

produce

to

perfectly natural

under

conditions.
Elviko

Februar\-

Xashville.

Tlll":

Editor

is

old

as

the

as

human

put
of.

thought
the

death

we

find

Thus

itself

penalty inflicted
it caused

very

in

existence

both

sacred

disgust

little

such
ple.
peo-

profane

offenses.

history
dark
days

In

the

to

of

first way

the

was

and

even

idea

barbarous

])rimitiveand

to

countless

for

aJ2^ainst
society
the

natural

oi

out

find

we

offenses

for

It is very

race.

suggest
offender

the

punishment

life in

punisiimont would
To

American

and

EMEXT.

riWlSl

CAPErAL

OF

of

taking

The

2.

TREND

I'cnnesscan

Lai'ra.

D.

sensitive

most

natures.

speak lightly of

Early writers
when

is made

together
of

Rome

at

this

we

as

find

Ovid,

to

witness

"fit

at

What

is

time

when

the

the

for

place

it.

executions

lover

to

ghastly impression
sexes

seated

were

criminals,

of

suit !"

his

prosecute

ing
speak-

creas
In-

with
be
the
observed
intensity of seriousness
growth
may
of
of
"the
literature.
monster
Strange that Nero,
cruelty,"
of his reign, when
should
death
during the first few years
say
to
warrants
were
sign, that he regretted he had
presented him
blood.
learned
he to shedding human
to write, so
was
ever
averse
he
Later, when
became
without
brutalized, he could sign them
mother
In the
without
death
to
pain, and put his own
remorse.
middle

the

reign

Christian

church, the

refused

who
In

the

ages

to

of

acept

George

its
III

church,

put

to

death

sands
thou-

theologicaldogmas.
of

England, only a century and a

half ago,
above
offenses
his
and
were
capital. Goldsmith
300
the public conscience.
A
disciplesbegan to recast
few years
later
Sir Samuel
Romilly, slavery and law reformer, fought vigorously
for
abolition
of
the
death
societies
penalty. Himiane
played
their

part.

list till
In

1864

only
the

One
two

crime
are

after
left

"

another

has

been

and
high treason
complete abolition

question of
royal commission.
They reported
expediency, and recommending
that
murder.
seldom
English juries now

"

36

"

two

first
was

years

it be

give

stricken

degree

the

murder.

considered

by a
later differing on

confined
a

from

first

to

first degree

degree verdict,

and

they do, the

when

the

reserves

crown

In
of

continental

to chant^e
riij;ht

Europe, perhaps

eighteenth century,
was
Roumania.
punishment. Norway.
the

of

the

twentv-two

it. while
to

is

few.

In

France,

g^reatlyexercised
In

our

Island

offenses
Others

have

of

cruel

diminishing^ capital

in

is

sentence

fifteen

and

comnle^^elv

have

ished
abol-

capital offenses

reduced

have

state*-"

i)ronounced.

mercy

and

methods

itself

and

torturingsignificant burning,

penalty.

vary

from

The

tal
capifour.

to

one

subject received

the
find

the

to

would

means

death

In

still considcrins^. abolition.

are

Governor

infliction.

of

sutjgest

the

retaining? it

states

Michi.sfan, Wisconsin

Maine,

"

lon,s^erinflict

no

"

the

penalty would

philanthropicwriter

Switzerland,

death

four

considered,

the

Beccaria.

Portugal. Holland,

last General
\'ir_s^inia's
assembly
Recently in Orejjon we
people to abolish it by vote.

Xext.

fre(|uen;lydoes.

by the president.

country

own

Rhode

and

when

the

and

larg^er countries

the

for

out,

sentence,

foremost

of

cantons

carried

often

is not

sentence

\\'est

of.

thought

death

the

in its infancv,

race

tenti
at-

the
urfjin.c^

when

Naturally,

be

little

no

the

The

most

is

trend

impalement, i)recipitationfrom
shock.
electric
rocks, stoning, beheading, poisoning, hanging,
In early ages
executions
taking part.
were
public, the community
Today only the morbidly curious or the brutally disposed would
hold
execution.
witness
that a
to
Only a few would
care
an
Second
to
frightens the criminally inclined.
puldie execution
is a free execution.
free lynching in demoralizing
a
community
a
crucifixion,

"

Hence

UK^st

that

newspapers

details
is

very

Who

Christian

inclined

arc

gratify

to

the

account

meagre
is in order.

people
accepted as

the

swell

to

their

barbarism

that

some
grue-

Such

debarred.

are

is

secular

with

columns

capital jiunishment

relic of

Hence

public.

morbidly curious
of the subject. It

sanction

do

debar

countries

menting
significant. Com-

it is

when

it has

become

so

erally
gena

ism
tru-

First, it is
habit

developing

Secondly,
and

an

res];eet

ingrained
almost

lawmakers
the

sacred

habit.

into

an

(\o

not

charge

"

It is

case,

of

persistent racial

instinct.
A

err.

of

37

"

good

citizen

legislative body.

will
A

honor

citizen

is not

necessarily bad

Thev

sometimes
of

to
a

does

that

the

Many

are

accept

some

not

with

agree

licensed

expression.

every

is for

saloon

tere
in-

the

best

do

Chicago

persuaded.

not

expression

every

swallow

They

goods.

labeled

canned

are

State.

the

Thirdly,

hold

if he

they

as

think

and

more.

no

it. Yes, some

crimes
Fourthly, the brutality of crime justifies
But
brutal beyond conception of the ordinary mind.
brutal
is unworthy of
balance
brutality and play the part of a savage
humane
people.
great and
"

Fifthly, it

is

lished

it .and

States

the

foreign countries,

of crime.

deterrent

great

in

our

Some
States
meaningless.
It is noteworthy
that
restored.
difference

no

of

in rate

crime

of the
abol-

have

officials

and

abolished

have

majority

in the

could

that

Governors

nations

and

are

records

so,

country

own

personal testimony of

the

If

of

such

and

instances

observed.

be

all reverence,
Sixthly, Scri])ture justifiesit. With
passages
be transposed literally
to fit either
side, strained and distorted
can
of the passages
to carry
points. Most
justifyingit are found in
the shady portions of the history of the race.
We
do not expect
for men
well at mi f night as at noonday.
to see
I cannot
moniz
haras
the taking of human
life for ofifenses with
the heart
of

Christ.

Seventhly,
to

what
is

person

ready

to

Preparation
common

-An

law

can

say,

for

obdurate

what

its God?

meet

is

We

do
not

for

future

would

pliant heart
require
may

condemned

existence
dare

say,

years.

Surely

the

capital ofifense is most

likely to be the
the power
settle a person's fate irrevocably can
to
ju.stly
only l)y the Omniscient.

conceivable.

w"ire

should

I to

be

take

of the
when

soul,
soul

live

Personally.

person

by the click of a clock.

rnechanical
having a
process
in a brief period.
may
prepare

not

A
heart

time

person

eternity is

measure.

commits

gives ample

eternity. If there

for

prepare

the

life of

the

the

guilty of his blood.

Christ's

person

latter.

be

who
Hence

exercised

vilest human
And

being
according to

the
teachings to sanction
T must
be
same
by others
equally as guilty. Pardon
the sentiment,
but
if my
life were
taken by another, I should
to confine
only want
avengers
my
my
slayer in some
the light from
place where
heaven
could
to
serve

"

38

"

guards
forty-fivephysicians,thirty-five
of
the
representatives
were
men.
They
and
twenty
ne\vsi)ai)er
them
what
heard
I
the
show
thin^s^s
1
to
want
and
by
say
society,
not
who
hanged.
are
hanging does to the men
room
liigh-ceilinged

vast,

office, before

his

In

how

Sherifif I^eters

Deputy
"Whv.

fellow."

young
the

he

said. "I

hung

rioters.

And

Haymarket
proudly.

added
"'Have

smoke."

No

"Xo.
I'll go

after

were

you

forty men.'"

some

and

Then

job is done.
I always have

one

in

saw

action
re-

sick."

tired and

me

office

Peter's

of

out

makes

always

this

whisky.

!" exclaimed

Doctors

looked

hallway.

the

line

double

of

leading from the main door of the jail. Between

wore
being
passing a line of forty-two physicians,who

sheriffs,

deputy
then

It

before

men

I've hung

until

of

hung.

Peters.

to

drinks

or

stifT drink

hanging.

"Doctors

eats

take

and

out

We

smokes,

said

one

some

had

he

men

many

Ihu'ng

born.
he

we

I asked

chamber.

death

the

into

went

was

admitted
Peters

chamber.

death

the

to

went

called

telephone and

the

to

the

up

State's

torne
At-

Judge Landis'
It's a piece of hocusmake
to
court
us
put ofif this hanging.
I
into
the
The
fellow
want
to
wants
limelight.
just
get
pocus..
ness."
busiwith
this
that
I
understand
to
am
going
right
along
you
"There's

When
"Fix

he had
up

we'll get

newpaper

doctor

tried

no;

you

You

doctors

I heard

"Hanging

!' 'a

in

said

receiver. Peters

to

the

in

their

chairs,

That

meant

that

them

Get

one

deputy called.

to

were

doctors.

The

sawbones!

Press

men

"Xo.
the

the

up

four-fiush

deputy:
then

and

busy."

"Press

hung

the

trying a

who's

fellow

to

in

sat

doctor

the

whiskers

chamber.

fellows.

corpse

with

the

foot

at

talking

fooli.shness," he

"

40

"

dozen

us.

these

cliairs,

with
damn

death

with

with

go

examine

can

is all

in

sc|ueeze

can't

all

into the

go

the

Sit

down

with

them."
of

to

said.

the

high

fold.
scaf-

another.
"Xow

here

are

good

four

strong

Tlie

hahy.
don't

they

make

them

babies?
"I

murdered

the

four

men

you

down

in Xew

"Yow

! yow
of

Inmates

?"

have

to

City who's
and

140.

eat?"

he

the

miscue.

when

another

asked

that

executioner

best

makes

never

reporter

one

reporters' table

with

covered

was

death

show
""Tiiey"ll

reporter.

"I'm

hangings

here."

an

was

uj)

around

old

hand

There

All

could

you

the

huffle of feet

gallery
in

hear

the

was

No

which

cross

their

priest held-

the

the

on

two

one

17

seen

floor and

iron

tier. There

upper

and

of

re])eated his

who

men.

hear

could

one

I've

room.

an

murmur

were

said

minute."

from

blue,

they saying]^ \\'hat kind

gollows?

What

])ounding

roughly

men

brothers.

of the

murmur

this hanging

officers

Shiblawski

the

"

in

corner

in

the

onto

cell.

the

begun.
that

was

priest, in white,

drssed

had

march

procession walked
a

from

came

rattling their bars, yelling and

jailwere

the

noises

These

!"

! pow

! pow

The

tin cups.

and

kill them?"

to

cloth.

white

the

and

penniless wife and bahy. Why

for life, and
in jail somewhere
their
and
two
penniless women

"S'ork

killed

huh

at

penniless wife

say:

He's

nerve,

"What'll

on

left

guard

fellow

have

sat

man

has

them

to

country.

Must

of

the
support
foolishness
.Ain't it daiun
work

"There's

they

these

put

heard

in the

One

men.

to

of

the

i)riest'"prayer
in low

words

do

i)rayer

words.

The

brothers

them.

While

this

tones.

make

men

kissed

the

going

was

on

tried
hear
to
being strapped. We
about
what
were
saying as the deputies put a white shroud
white
the
were
their bodies,
but
cajis
we
stopped trying when
be working
to
slowly
their heads.
tied over
Rverybofly seemed
toward
head
his muffled
turned
the
gollows. ( )ne brother
on

legs
they

their

and

We

another.

"Crash!"
of

14

the

was

as

they

next

doctors,

reporters
telegraph wires
talked

hung
to

"Just

his voice.
Then

sound.

they walked

as

had
:

of

nuirmur

rushed

The

news

that

the

twitching, which

contents

and

heard

feet of

the

were

arms

been
as

"

from

back

the

41

where
1

writhing

"

the

swaying

room,

placed.
the

to

caught

scuffling

the

came

bags,

two

their

ropes.

their

telephone

these

bits

of

body of the boy stop-

"Twitched
gurgled."
"Strangled,
ped swaying."
Bill?
stuff.
is
that
"Oh,
taking
a
bag."
my
yon
Three

show.

(jreat

hook.

They

Two

on

of

"Both

your

fixing
necks

their

reporter.

one

in the

it up

prayer

that."
other

two

up

look

to

broken."

were

said

carried

They

ropes.
with
a

table, covered

wheeled

office

it from

copy

were

men

bodies

two

can

show!

Great

said

prayer?"

that

was

Tell

know.

don't

"I

Christmas,

in

"What,

in

cats

come."

to

more

like

white

cloth.

doctor,

out

coming

to

reporters' table.

the

During

lull I talked

the

wanted

examined.

of

unless
all the

where

in

doctors

14

had

wIkj

they believed

in

capital

did.

them

men

the

the

whether

keep people from

a
high gallows, in

doesn't

hang

you
folks

of

seven

know

to

Not
one
a
pimishment.
"Capital punishment
murder,

to

on

city can

it." said

see

Dr.

A.

committing
a
big space,
C.

Koethe.

man.
HuffDr.
I.
last."
said
E.
first hanging, and
is my
my
I can
"After
this T don't believe in capital punishment.
see

"This

patient die. but

to

see

sane

kill

men

well

in cold

man.

blood

"

me."

excuse

All

of

"Hats

this

talk

off!

No

of

sort

was

called

smoking,"

the

"between
a

acts."

in overalls, from

man

the

gallows.
The

sound

next

watch.
watching the death
and
again the priest and the

dressed

"Well,

deputy

the

in

two

denuties

John

and

we

Iroked
the

we

know

heard

who

shuffle

the

in bhie

brought

with

w^ere

of

feet,

poorly

two

One

them."

years

old,

done

what

up. he fixed
words
which

of

too

nrayer

his blue
the

on

wasn't

but

"

one

on

the

guard.

please them."
the
a

trap
man.

into

for John

was.

eyes

get

priest murmured.
-"42

another

immigrants,

anything
the

to

soon

stood

of

lunch, said

answered

them

son

for

his watch.

at

clothes

poor

time

in

across

looking

eat

them.
18

prison inmates,

deputies

got

me.

in

placed

now

Then

they'llall get there

said, "hadn't
And

two

near

men

Schultz,

the

scaffold.

fellows'll

I guess
The

other

seat

"These
"But

the

onto

men

of

that

was

who.
bad

where
but
as

a
one

the

boy.

ported
re-

company."

raised

his head

high ceiling,he

peate
re-

Christ:

"Oh,
clear

and

Pray

for

The

distinct
!

me

Another

of

"Savior,

save

"Christ.

"Forgive
voice
tone

of

that

me

the

and

arms

about

said

legs.

boy's neck.

the

boy.

reporter.

Tn

the

Thee.

me

my

Forgive

still looking

noose

his

over

white

covering

sins."
William

upward,

head

thing

same

Forgive me
my
voice
was
growing

"Crash!"
those

moment

doctors

me

to

tightened

and

Summerling.

sins!"
louder

there

the

out

rang

was

in it.
"

But

sound.

his

sins!

]\Iary!"

same

the

doing the

His

boy.

for

sins!"

niy

words,

was

my

of wildness

"Holy
the

these

deputy

out,

rang

boy.

jailer, put the

under
the boy's ear.

Another

about

pray."

said

the

knot

words

intercede

Mary,

shroud

me

fellow

Thee!"

said

white

Forgive

young

His

everlasting life."

the

live wtih

to

he

Davies.

tied

choir

me

While

the

that

"Holy

tying the straps

were

T love

"Grant

to

me

soul!"

my

bell.

me.

like

looked

as

them

to

on

mercy

Brings

deputies

"Listen

he

have

they

scuffled

was

awful

an

the

from

words

floor

cement

thing

mouth

of
the

together. Again

came

the

over

Tt

the

to

that

in

hear

to

boy, and

feet of

fourteen

white,

swaying,

twitching bags.
There

if

"Xow.
fellow'll
sheriff

get

to

can

out

before
he's hung,
nigger'll only confess
you
fine top-off for your
day's story." said a deputy

reporters.

got
"Are

go

this

the

"We've

now

fini.sh a

up

it

his

good early
going out

you
and
then
lot of

"Ciee," said

young

hand,

and

I couldn't

move

"But

don't

for

for

the

dav's

work."

Whv

don't

afternoon's

said

porter
re-

sheriffs
you
work?
You

this raet."

coming

doctor,

his

thought

that

young

fellow.

doctor

another

hands

Jailer Davies.

to

up

locked

were

was

"I

I lifted

holding

caus
together, be-

his arms."

suffer," another

isn't there

the

lunch

handcuffs
on
your
I didn't
that
see

by the elbow.

"They

in

start

back

coiiie

at

men

you'd left

thought

intermission.

another

was

some

easier

"

doctor
way

43

"

to

was

kill

telling the reporters.

a

man?"

asked

porter
re-

sboukl

"I

hydrocyanic

of

drop

he

would

he

kill

could

tiny

instant

an

pain. Or they
die pleasantly, in
crudest
thing in

or

would

he

and

It's the

hanging!

this

But

twitch

put
in

day, and

some

morphine,

with

dreams.

leautiful

without

dead,

stone
man

in his soup

acid

could

"They

dnctor.

the

so," said

sav

civilization !"
"I

saw

doctor

voung

put

shape." said a deputy

place
it a twist and it snapped right back
in fine

plenty of smiles

saw

the

during

and

hours

two

plenty of attempted jokes and commonplaces,

did
and
the
and
doctors
we
Why
deputies.
reporters
42
try to talk of everyday things?

dare
of

the

The

"

MOORE

said

John

talking
"I

That
he

must

smile

and

it

witnesses

in his heart

knows

by his fellow'society just as much

man

"

killers suffer

harm

more

than

is

PUNISHMENT.

relic of

ploughshares

the
to

days when
their

prove

Tennessee's

men

were

innocence,"

distinguished novelist,

subject last night.

believe

(1(^ not
crime.

We

the

on

is all

C.\PITAL

Moore,

Trotwood

killingof

the

.\GATXST

red-hot

trod

to

He

the

among

Press.

Memphis

IS

who

man

it is.

that

and

"

Perhaps

"Capital punishment
forced

awful

how

killers

life.

human

killed.

the

that

the cold, deliberate

brutalizes
it ends

awful

so

himself

to

that

hearts,

man
as

admit

not

is

hanging

minutes.

ten

1 heard

Because

gave

belonged."

it

where

into

his head,

"iust grabbed

"

back

neck

Schultz's

young

in

is

taking

barbarous

progressive,

and

for

life

man's

custom,

relic of

humane

more

having

ted
commit-

ancient

toward

days.
fellow-

our

mortals.
"It

to

seems

me

Christianity,we
method

of

that

should

not

it in Tcnnesseee.

try

the

"\yhen
electric
the

other
a

man's

chair,

State,

Christian

land, with

practice such,

and

all

abolish

boasted

our

terrible

this

punishment.

"Ca])italpunishment
of

in

or

his
to

does

not

yet murders

crime.

prevent

make

We

continuallycommitted.

are

use

Why

method?
life is taken
usefulness

at

is done

society.

"

44

"

the

end

for.

of
He

rope,

is of

no

in

the

value

to

or

'"Xow
have

it such

In

the

be

time

same

factor

When

proved

to

"In
he

that

institution.

case

of

Cole

Younger.

surrender

surrender.

the

he

the

sympathy

mater

that

model

was

years

have

to

the

use

to

"I

State

killingothers.

into

under

the

to

put

that

perfect in conduct

so

he

whom

of

people

Executive

Chief

the

of
Cole

whether

to

as

until

served,

be

think

in

that

had

women

should

we

ballot

the

American,

will

Dear

C.
Sir

my

views

the

statutory
In

it

punishment
American

than

to

be

ONE

OF
OF

if

would
of
and

emiessean.

THE

THE

LEADING
SOUTH.

Tcnn.:

of

that

as

penalty

In
are

the

the

for

now

give you
provided by

very

face

committed
in

45

"

infraction

the

of the

yearly
the

territoryadjacent

"

that

State.

our

before, especially

cities and

so

that

this session

Xaslii'ille 7

"

receipt of your
request
as
Capital Punishment,

murders

more
ever

that end.

Dresden.

failure.

that

by

1913.

enactments

say

think
custom

in

am

concerning

reply will

I believe

States

"

sincerelyhope

for

vote,

to

women

humane.

LAWYERS

Boiccrs,
:

the

become

even

this barbarous

PRESCOTT,

CRIMINAL
Duke

our

more

to

26.

H.

R.

JUDGE

And

work

January

allow

in Tennessee

speedily abolished.
Legislature

has

gave

become

would

laws

our

citizen, and

of his life
twenty-five years
isn't he of better
that
not
Now,
enough?
general than if his, life had been snapped out?

was

"

humanity

doing

Mr.

and

attention

the

to

is a good
Today that man
He
president of ;'. railroad.

the

boy his father

pardoned, after having served

twenty-five
for the State, it was
decided
that he should
overwhelmingly
his life and
liberty.
should

Younger

be

entered

of all wardens

when

and

State,

industrious,

so

called

was

he

When

prison, and

in

they refused to let Cole Younger

he
was
placed in the penitentiary. There
him.
the love of all about
prisoner, and won

he

fact

won

and

while

State.

the

to

declared

was

Later
be

reform

in

by bushwhackers,

value

concrete

might

man

of

he

would

penitentiarythey

good

is the

killed

was

such

for

"There

State, and

the

for

work

to

in the

placed

were

men

of the law

most

in

the

history of
to

them.

extreme

United

the

It does

large
not

prohibit; it

it

has;

never

not

punished by
fact, I

In

him.

Court

Criminal

from

restrain

of

am

passion,

of

impulse
the

consequences

reflected

in and

And

people.

wrong

that

"

wherein

were

civilization.

As

impulse

rule,

not

stan
in-

rarest

crime

body,

human

nature.

in ten

the

against
thousand

person
to

stops

sider
con-

does

take

to

he

has

idea

an

that

the

of

kind

and
with

advanced

have

it is

past ages

might

of

humane,

more

stimulate

or

by authority of
ideas of justice of

of government
are

of the

masses

life,even

feelings and
heart

the

add

not

reposed

that

save

patriotism of

his

in

men

do

commit

to

in the

lurks

violence

To

methods
a

in the

bloody, cruel, surviving relic

sought to be ruled by power

right. Humane

not

all kinds

of

its enforcement

or

better

Down

it is

men

the

to

man.

average

law

characteristics.

law, is abhorrent
the

no

the

act.

by the virtues and

capital punishment

of these

either

is

all there

After

his

of

years' practice in

good citizen is impelled,by sudden

criminal

one

fact

to

or

frailties of human

and

perpetrate

to

Not

of his fellowman.

that

dissease

some

hand, often

the other

On

the

the

restraint

deterrent

many

does

degree shall

first

the

in

law, except

that

the infirmities

by

is nurtured

the

of

opinion

the

blood, like

is in the

and

infraction

an

by malice

of his act, and

punishment

that

believe

to

no

from

constrained

am

is

by hanging

death

kills with

who

man

premeditationmoved

the consequences
that murder
law

the

in

it is written

that
be

purpose
reflect upon

to

pause

never

and

cool, deliberate

The

will.

gentle.

and

life by operaright to take human

tion
vidual
That
of law.
is a question that must
appeal to each indiI do not
have
to
believe we
the right as
a
government
of our
citizens.
execute
one
History teaches that it had its origin
in revenge.
In the early history of England
the next
of kin to
This
the deceased
had
the right to pursue
kill the assailant.
and
give way to a kind of tribal court.
I do

It is

Mosaic

the

times,

in

In

on

interesting

The

ages.

touch

not

Law.
and
my

but

the

to
to

as
an

moral

origin of

study the
that, is but

expression of

opinion there

was

have
been
made
Again, mistakes
verdicts of guilt,but too
late to do
had
paid the unjust penalty.

"

46

reflection
the

divine

no

"

capital punishment.

and
any

of

customs

sanction

the
of
for

custom

of

previous
it.

clearly demonstrated,
fend
the degood, because

to

each

population ;
adjoining State, and

loo.ooo

is

which

while

an

homicides

eight

only

were

homicides

2.2

In

to

of

similar

is very

which

of

State

the

population

Connecticut,

of

there

conditions,

in

similar

100,000.

every

N'ermont,

of

State

to

State

the

in

:Maine

there

while

in the

100,000,

to

Maine,

of

State

the

were

to every
population. These
100,000
7.6 homicides
the entire list of the States
statistics hold good throughout
abolished
have
capital punishment.

there

same

was

that

of life as
imbued
with
the value
people are
by the example and precept of the State that human
appreciate that value more
life is sacred, they will themselves
methods
of dealing
the effects of the two
show
To
than
ever.
statistics have
been
with
compiled as to the number
murderers,
Massachusetts
with
in Rhode
of convictions
Island, as compared
it was
for various
and
Connecticut,
periods. In Connecticut
that
from
the year
shown
1850 to 1880 there were
ninety-seven

Again,
taught them

when

persons

tried

of

number

that

for

in

murder
or

little

first

the

13

over

cent,

per

thirteen

but

and

degree,

convicted

wre

as

1862
Massachusetts
In
from
to
1882, a twenty-year
charged.
in the first degree
tried
for murder
was
period, the number
170,
with
tried.
twenty-nine convictions, or 17 per cent of the number
But

convictions

the

abolishment

in

Rhode

in

Island,

the

after

thirty years

6}^ per cent

punishment of death, numbered
of the number
tried.
Thus
experience speaks with no uncertain
voice
the advisability of abolishing the penalty of death.
to
as
Reason
adds her plea to mercy
in demanding
sensible and
a
more
humaiie
no

method

good
of

North

in

but

crime

any

does

not

Mr.

to

the

the
time

in the

on

the

for

Tennessee,

decrease,

from

makes

deterrent

strong

with

dealing

man
why every
the
Legislature pass
the death
penalty.

Mr.

true

of

felons,

and

there

seems

should

not

work

to

reason

present
law

the

of

crime,

for

the

increase.
there

deter

him.

North's

viewpoint of

first

this

but

capital crimes

that

necessary

that

statement

for

degree, what

In

order

nnirderer

likelyto

"

knows

man

48

to

"

arrive
must

we

deliberation
is

State

himself.
to

be

make

has

death
not

but
at

try

to

on

he

that

his line of

the
mits
com-

clusion
con-

the

If

man
any
his crime

ently
appar-

correct
see

is

proven

not

are

our

present

before

penalty attached,

argument,
the

in this

of

fear

apparently

Every

is

the

have

the

amending

enactment

be

to

case

takes
murder

thought?

Will

penalty attached

the

punishment

enter

at

all into

his consideration

case?

the

of

as

That

depends
malignity, or

the

upon

character

of

the

degree of

the

man,

There
are
some
intensity of his purpose.
constituted
that they
would
men
so
scarcely give a serious
A
determination
thought to the probable result of their actions.
whatever
their object might be, would
to have
or
revenge,
other
consideration, and
out
overcome
they would
every
carry
their evil purpose,
whether
the punishment
matter
be burning
no
the stake, or
at
simply a fine and imprisonment.
his

Others,

and

threatened

It

When

no

if there

themselves

were

that

and

them

because

desire

they

the

severe

commit
to

means

tion,
satisfac-

their

to

the

to

and

ways

this

perpetrate

that

of

deed

than

have

convinced

they

the

escape

who

men

many

to

think

legal penalty. Today many

personal prejudice against capital punishment,

can
a

settled

punishment,

no

evil

devising

to

hesitate

they

their

remove

they have

more

jurors have

our

not

isniply puts

they will

of

will

detection.

would

large majority, would

Suppose they do, knowing

punishment.

deed.

escape

the

perhaps

is attached

penalty
the

the

would

been

have

convicted

for

priso
life im-

the

dismissed
without
penalty, are
punishment.
The
who
has nothing but the fear of punishment
man
between
him
and
has
of
consider.
murder,
to
only the chance
escape
When
he has this arranged
will be comto suit himself, the act
mitted,
because
what
it to him
whether
the punishment
matters
be light or
the
so
long as he confidentlyexpects to escape
severe,
of the greatest criminologists the world
penalty entirely? One
has known,
Beccaria, says :
as

"Perpetual slavery has

hardened

most

of

it all that

determined

it has

much

as

There

more.

are

is necessary
has the
as
men

who

can

to

deter

the

punishment
look

upon

with

death

firmness, some
intrepidity and
through fanactism,
attend
others
through vanity, which
to the grave,
us
even
desperate resolution to get rid of their misery, and cease

others

to

I say

death.

from

and

in

live."
Life

happy
stricken

has

and
and

strong

the

claims
but

upon

the

healthy, the industrious, the

the diseased, the indolent, the povertythe vicious, it is oftentimes

sad mixture, with more
a

good,

to

"

49

"

pleasure, and

than

misery

off, than

be thrown

to

is said

happy

days

statistics show

that

twelve

is

1900

5,560, thus

those

to

argument

no

to

1909

was

Lord

Byron

more

than

States

mortality

average

1608, but

the

that

fear

the

intention

the

curse

annual

the

showing

have

who

United

death

of

as

known

never

The

life.

cause

year

suicides

from

average

the

in

had

he

that

in all his

the

from

homicides

as

decleared

have

to

frequently regarded more

blessing to be cherished.

is

of

for

annual

of

death

committing

murder.

sentiment

The

fact
to

to

creature

for

death,

erring

Chicago

in

Mr.

North

one

"I

this

and

conscious

are

too

howl

tomorrow

harsher

is made

himself.

upon

of

out

man

to

in the

most

evidence,

It has

fellow-

feel

men

been

suffer

law.

of mob

argument

is too

estimated

fifty-four tried for

the penalty.

every

the

of

murder

like

I would

Greelye's objection to capital punishment

human
dread
fallibility.Men
are
prejudiced,
often irrational.
Today they shout 'Hosanna,'

Horace

point.
passionate, and
on

take

to

brings

him

quote

responsibilitywhich

man

first degree

in the

to

they

testified by the
not
they will raise doubts
assuming the responsibility of condemning

avoid

that

penalty, whether

flic
in-

against the

is

not,

or

great

enlightened people

every

death

the

of

of

'Crucify Him.'
of

consequences

their

I would

frenzy.

own

from

them

save

Our

Savior

the
is

by

cent
of the innosolitary example of the unjust execution
and
have
instances
recorded
of innocent
just. We
men
victed
conof murder
their own
on
convicted, senconfession, of men
tenced
and
in on
wise guilty
hung for oft'enses whereof
they were
Men
suffer unjustly, even
from
though death be stricken
may
the list of our
is liable to error,
legal penalties. So long as man
I would
him
have
take,
the possibility
of correcting his misreserve
no

means

and

In
bars

speaking
be

may

North
will

correctingthe
of

life

sawed

in

wrong

he

has

imprisonment,
two, pardons

been

led into

Mr.

North

will

investigate the statistics of our

find that eighty-nine per cent
of those

die

in that

are

pardoned,

are

coiumuted.

institution; that

that

and

He
there

only five

five and
will also
has

find

that

been

never

"

50

"

given

If

cent

the

life

Mr.

prison he

life sentence

three-tenths
per

in

State

own

and

seven-tcnlhs

"Prison

says:

obtained."

be

may

perperating."

of

per

cent

life terms

history of
prisoner to

that

stit
in-

escape.

Therefore
he

submit

and

because

good

his

letter

have

occupied

have

and

nature

that

know

like to

statistics;and

more

even

even

bit

than
now

more

that

statements

on

personally would

against capital punishment

arguments,
letter

and

him

to

of

much

substantiate,

cannot

North

based

has

he

Mr.

meet

many

more

place in this
imposed on your
can

space

than

Henry

W.

I should.

Lewis.

REASONS.

SIX

^^

Why

Should

Punishment

Capital

reason

It

does

fewer

as

"

commission

the

Pennsylvania, which

still retain

individuals

the

State

of

murder

reparation

in

cases

NO.

have

or

no

either

more

case,

more

NO.

organized

men,

step

forward.

always become

less

New

York

and

3.

under

NO.

civilization
severe

and

government,
It is murder

To

abolish

advanced,
has

also

it would

punishment
become

less

"

the

murderer

which

has
mon.
com-

one

this
pare
pre-

hereafter.
REASON

Life

be

5.

Capital punishment usually deprives the criminal of the

its unfortunate
of
civilized society owes
children
due which
for spiritualreformation
and
class
the chance
expiation to
for

in

4.

crime

NO.

of

has.

man

has

REASON

form

barbarism.

relic of

As

in

death

2.

right to take life than one

and
brutalizing in both.

certainly

than

the

which
makes
occasionally executed,
kind.
the worst
Capital punishment prevents
of subquently proven
innocence.

REASON

It is

abolished

are

are

REASON

Two

have
"

There

murder.

of

it.

REASON

Innocent

Abolished.

i.

which
per capita in states
in Maine
and
Wisconsin

murdes

sentence

deter

not

no.

Be

NO.

6.

and
juster punishment for a
improsionment is a severer
States
than to be given early his earthly quietus. Those
civilization.
do
sanction
more
they murder
legal murder
"

"

51

"

EXTRACT.
Because
a

commutation

acts

to

give

of

"the

it oft'

long

as

prisoner,as
to

hanging.

while

forgotten, but

if it

he

will

given time

be

to

and

to

all

at

keep

Besides

expiate his crime

and

been

have

fate.

like

life

preference

would

had

we

with
in

sentence

freed

be

can

reform

So

us.

matter

meeting

he

if

than

more

put

we

continuing example

and

tooth,

think

infliction

the

than

that

events

and

pare
pre-

hereafter.

the

for

crime

is innocent

he

devclopes

is

prison he

in

the

hanged

been

committing

from

others

he

Had

life

the

takes

ITe

deterent.

to

pained

it first

when

pulled

tooth

the

had

possible

as

inclined

am

more

really suffer

and

nor

good
extracting

do

con-

means,

any

punishment,
I

whole,

I.ike

penalty.

death

As

would

life sentence

by

not

petition for

death

to

severe

more

deterent.

stronger

as

is

death

that

sentenced

men

iiuprisonment, is

life

to

evidence

chisive
it

m^ijority of

the

Not

Do

Prisoners

Punishment

Any

Contemtlate

....

As

commit

the

which

to

weapons;

will

by which

entirely.

has

facilities

in

law

then

murder,
have

swift

and

in

murder,
ever

Tennessee

for
and

adequate

to

Jury Commissions

for each

for crimes

certain

diminish.

"

52

catching

restrict

"

escape

months,

County, Tenn.,

Weakley

carrying

to

i6

within

criminals

the

the

means

use

County

in Tennessee

should

We

apprehended.

been

crimes,

infamous

they expect

remember

against procuring

commit

punishment

circumstances,

neither

and

better

make

who

committed

had

commit

fact, criminals

capture

or

who

men

escaped
have

under

them

detection
four

of

matter

of
and

and

and
with

deadly
make
crimes

EXTRACT

FROM

AGUMENT

AGAIXST

DEATH

THE

PENALTY.

While
of

we

balance

the

it is hard

that

agree

sympathy

out

goes

assassination
in

them

of power

two

But

of

you

vicitm

whether

of

for

of

his

orphans

that

and

pictured, in

deceased

the

death

would

of
to

same

have

you

sorrowing parents

two

our

result

it is all the

reason

Now
and

the

was

an

ing
suffer-

awful

homicide.

had

s^round.

inst., the

ist

family

that

hand

master

ment
ele-

decidins: this

in

on

justifiablehomicide

case.

sets

to

the

fthe

the

on

them,

to

or

either

widows,

family

of the

remorse

of

papers

equal, the

equities are

have

not

Nashville

in the

and

an

would

hold

the

appealed
ce''tain Attorney-tieneral, with a

article

we

where

that

should

mercv

question,
not

submit

we

two

Why,

offense
of an
family of the prisoner are
as
just as innocent
and
entitled to comthe family of the deceased,
are
passion
just as much
and
commits
murder.
For
sympathy.
example, a man
criminal.
He
made
was
or
probably got drunk
by environment
a
He
and
has a good wife and also children; a good mother
father
and
of relatives, all innocent
a
large number
people and profoundl
the

that

grieved
is tried

convicted

and

thoughts of taking
breaks

son

time

mother

the

tender

of

cord

is cnished

burned

but

to

sell.

dreams

socket.

of

all but

breaks

of

hearts

beneath

grass,

As

the

goes

and

children

are

mother's
ask

children

time

the

knee

and

God

"why

and

when

whistled

they

relativ^es and

breaking

hearts,

the

have

the

wife

once

from

the

crushed
of

near

cell, and

little

boy said

tune

that his

this affliction

53

all bid

"

cannon

him

of

and
their

in

mother

their minds

father

the

on

and

prayers

is

der
ten-

brother

father

his

to

,gay
death

like the

The

the

and

scaffold

awful

ghost-like form

"bitterlythinking

"

the

wheels

his

friends

the wounds

to

of

angry

death

and

affectionate

altar

all innocent.

the

healed

the

the

to

see

very

father, brother

heart

day draws

totteringfootsteps visit
to

from

the

The

hanged.

has

the

She

accused

days roll by and the

the prisoner the heart

of

and

The

the

as

execution

stretches

broken,

of repose.

back

they

that

not

but

battlefield, yet they are

for
suffer
his sins, and

sister

with

love

innocent

Little

Turkish

father

time

The

rent,

be

to

husband,

the

hearts.

and

its very

blades

with

of

committed.

was

sentenced

life of

the

grief for the victim

approaches for the

that

of

and

multitude

offense

the

der
won-

at

carrolled

his
and

bear."

The

wife,

goodby

and

leave

tomorrow."

With

God

mother

the

to

prays
heart-breaking despair,
heaven
of
the
height
time
the
by
and
Ayes
as

her

sorrow.

all

souls

very

the

of

vengeance

broken

hearts,

Then

supix)se

it has

what

their

and

son

of

graves

forgive

cannot

friends

and

hardened

are

families
Two
killingby the State.
heart
and
prisoner's family crushed
that

and

of

instead
State

The

cruelty to

to

amounts

families

two

innocent

was

weired

late?
deso-

one

retract

cannot

would
serve
imprsonment
prefer it to the death penalty.

not

you

by the thought

life

If

done.

would

purpose,

he

the

night, and

to

forget, but
and

measure

relative,

hurried

relatives

harrowing
and
the
in mourning
are
broken
by a protracted suspense,
Then
the innocents.
why make
by

over

not

of

example

the

seared

are

tries to

children,

the

of

hearts

parents

wife

the

gray

over

unfortunate

their

on

The

father.

and

the

visited

turns

forever

and

scarred

are

husand

hair

father's

The

could

child,

her

spare

the

same

striking ture
picdrummer
of night Napoleon's
the
boy
In
The
sound
the march.
arise and
is made
ghost of Napoleon
to
then
the Grand
attention ; and
stands
Army
and
forward
comes
Old

the

and

Guard

War."

of

Angel

this law, the

lotine
founded

on

They

come

blood

the

to

vengeance

the

passage

block, the gil-

the

abolish

to

you

from

Lodi,

from

of

martyrs

"Arch

the

considering

are

destruction

and

before

Areola,

you

luany

but

review

from
As

of

solemn

in

gibet appeal

the

and

pass

by

Waterloo.

Australitz, from
of

depicted

painter has
dreary hours

French

The

the

of

instead

that

law

is

and

mercy

reform."

CRIMES
From

the

States

as

Compiled

Murder

in

the

defined

killing of

commission
arson,

as

Alabama

bery. death
years

arson,

Codes

or

first

human

For
not

degree,

murder,
less

the

below,

table

may

be

erally
gen-

premeditated

and

the

killing resulting from

of

one

eral
Sev-

the

of

Legislation.

intentional

such

commit

to

rape

in

unlawful,
or

Statutes

SunsEouENT

rv

being,

attempt

PENALTIES.

Revised

Amended

burglary,

or

THEIR

Ije the

to

or

"

AND

the

graver

crimes, such

robbery.

or

first degree,
than
lo
years;

first degree, death

or

"

deatli
rape,

"

life -mprisonment

death

lessi than

not

54

or

lO

or

not

years.

less

than

roblo

death

rape,

20

over

18

or

months

to

death;

degree,

iirsl

murder,

For

Maryland"

21

robbery, 3 to 10
first degree, death

arson,

years;

death ;
first degree,
murder,
of
term
life imprisonment
or
any
; rape,
of years.
term
or
any
degree, life imprisonment

of years

to

robbery,

not

15

For

"

5 years
less than
5 years.

first degree, not

Montana
to

20

than

first degree, death

or
less than
not
5 years

murder,
; rape,

years

less

not

40

years;

imprisonment;

life impris

or

life imprisonment;

or

or

to

than

bery,
rob-

years

arson,

life

imprisonment;
first degree,
arson,

bery,
robnot

years.

Nebraska

15

first degree,

murder,

For

"

to

For

"

death

first degree,
death
; rape,

murder,

term

years.

death

arson,

life

any

of

life

or

first

arson,

or

term

any

degree, death
and
first-degree

rape

years;

than

less

or

first

murder,

For

"

over

Missouri
not

; arson,

years

Mississippi

imprisonment

life

rape,

pris
im-

robbery,

first degree, death;

robbery, 5
less than
first degree, not
10
years.

murder,

For

"

30

years

years

imprisonment

first degree, life imprisonment

; arson,

Minnesota

of

term

any

or

life

first degree,

murder,

For

life

robbery,

For

"

Michigan"
imprisonment

less

not

or

years.

Massachusetts

rape,

years;

years;

to

rape.

20

death

life iniorisonment

or

years;

first degree,

arson,

bery,
rob-

;
i

to

20

years.

Nevada

less

not
arson,

than

years;

first degree, not

less

degree,

not

New

New

York
rape,

North
definition
North

"

murder,
$5,000
murder,

over

20

"

to

15

For
years;

degree,
not

rape,

imprisonment;
and

years

bery,
robto

up

life;

life.

death

life

or

30

over

ment;
imprison-

arson,

years;

first

robbery, 15
first degree, $2,000

arson,

death

degree,

robbery,

first degree, not

arson,

first degree, death

first degree, death.
first degree,

murder,
i

10

first

year

or

than

40

robbery,

death

less

not

rape,

over

not

10

or

years
or

both.

20

over

years.
no

statutory

life imprisonment;
first
; arson,
years

years.

first degree,
3

rape,

death;

murder,

For

murder,

both;

or

; arson,

robbery, not less than

degree, not less than
Ohio"

5
to

up

first degree,

years;

For

"

death

Dakota

and

first

years;

than

less

years

murder,

For

Carolina

life

or

years.

rape,

not

; rape,

than

death

not

rape,

30

over

For

"

both;

or

For

"

30

over

Jersey

$1,000,

first degree,

murder,

Hampshire
robbery, not

New

years;

For

"

to

20

death

years;

life imprisonment;

or

first

arson,

degree,

not

robbery,
over

20

years.

Oklahoma"

For

murder,

robbery, not less than

degree, 20 to 30 years.

10

first

years;

degree,

rape,

"

56

not

"

death
less

than

life

or

10

imprisonment;

vears;

arson,

first

Oregon
and

years

murder,

For

"

life ; rape,

to

up

first

degree,
to

20

death;
;

years

robbery,

less

not

than

first degree,

arson,

lo

to

lo

20

years.

For
Pennsylvania
murder,
and
$1,000; rape, not
over
years
and
not
20
$4,000.
over
years

first degree,

"

Rhode
less

not
to

Island
than

For

"

Carolina

South

Dakota

robbery,
less

not

to

10

than

10

Tcnn2ssee

to

21

up

For

"

than

Vermont

than

and

years

10

and

15

years.

to

and

For

or

term

arson,

first degree,

arson,

robbery,
life

to

20

to

15

years;

first degree,

arson,

Virginia

"

For

murder,

first

death

to

Wisconsin
years;

Wyoming

"

rape.

"

less

For
than

over

to

30

than

years;

arson,

20

over

$2,000,

or

years

year

robbery, death
first degree, death.

degree,

death
less

or

life

or

than

death

first degree, death;

up

or

to

20

years.

"

57

robbery,

life ; arson,

to

"

or

life.

first degree,
death
; rape,

and

bery,
rob-

years

or

18

to

imprisonment
;

first

arson,

life imprisonment;
years

first

arson,

first degree, life imprisonment;

robbery.
first degree, 7 to 14 years.
arson,
years;

murder,
i

years

robbery,

murder,

For
10

robbery,

life imprisonment

or

not

death

not

less

not

; arson,

rape,

term

any

or

life imprisonment;

or

rape,
up

years

death

rape,

less than
robbery, not
10
years
life imprisonment.
degree, death
or

21

years.

first degree,

"

not

years;

life imprisonment

or

death

$1,000;

any

murder,

death

; rape,

20

life;

to

For
Washington
murder,
less than
robbery, not
5 years
degree, not less than 5 years.

rape,

life.

to

life imprisonment;

or

to

up

death

first degree,

and

years;

first degree,
"

to

up

murder,

20

over

Virginia

10

10

death;

life ; rape,

first degree,

years

For

arson,

West

up

life imprisonment

or

death

than

years

to

up

first degree,

"

not

years

less

first degree,

murder,

first degree.

both;

less

murder,

For

"

less

not

and

life imprisonment;

or

first degree,
not

robbery,

years.

first degree,

murder,

life; arson,

Utah

first degree,

years.

not

or

less than
to

rape,

death

up

10

over

years.

Texas
not

years;

For

"

death

rape,

murder,

10

and

years

death

rape,

than

For

"

20

less

not

10

first degree,

murder,

definition;

robbery, no
statutory
first degree, death
or

not

first degree, life imprisonment ;

life ; rape,
less than
not
10
years

murder,

For

"

and

years

and
to
5 years
up
first degree, not
less than

life ; arson,
South

15

robbery,
$1,000; arson,

death

not

over

first degree,

14
not

to

years;
over

LYNCHINGS
The
Lyiichings
1S85 to November
were
52 lynchings,
49

males

were

15,

which

of

and

whites.

The

nnirdcr,

26; attempted
and
; robbery

causes,

in murder,
occurred

offenses

the

and

Florida, 3;
North
Carolina, i
g'nia. i; Wyoming,
Texas, 3.

there

in

"

In

there

1910

and

crimes

125;

rape,

15,

The
The

2.

The

States

were

as

follows

in the

89

States

there

were

128,

of

and

39

for

which

which

they

the

191

complicity
the lynch-'ngs
sas.
5 ; Arkan-

Montana,

which
were
were

executions

62

61;

1909

in

North
males

were
:

5;

and

the

were

to

Vir-

in

92;

; 127

1912,

i;

Carolina,

in

were

executed

West

were

colored

in

were

there

10;

3 ;

which

there

15,

in

104:

were

whites

were

in

November

to

unknown

3;

Alabama,

and

Rap,,

were:

; arson,

in

there

North

negroes

women,
i

from

15,

11;

1908,

3.

each

and

white

to

prejudice,

race

assaults,

November
to
1912.
and
66 in the South
female.

i ;

South

Louisiana, 4; Mississippi,5;
North
Dakota,
i ; Virginia,
i ; Oregon,
Oklahoma,
Pennsylvania, 5; South
i;
i;

in

107;

were

assault,

Georgia,

Executions

Legal

insults

States

November

Ijnched, 50 were
lynched
were

they

2;

rape,

number

3;

the

which

for

murderous

3;

Of

United

to

19T2,

the

in

occurred

49

females.

In

3,413.

was

1912,

the

in

^nchings

of

number

total

"

EXECUTIONS.

LEGAL

AND

Murder,

November

15.

took

the
number
in each,
place, and
follows:
Alabama.
were
as
4;
Arkansas.
8;
Connecticut.
Calofirnia, 4;
Colorado, i;
Florida, 3;
2;
Geoi..da, 9; Ilhnois, 6; Kentucky,
Massachusetts,
Maryland,
4;
5;
i:
Mississippi.7; Missouri, i; New
New
lina.
CaroYork, 21;
Jersey, 4; North
Ohio, i; Pennsylvania. 6: South
Carolina. 5; Tennessee,
4; Nevada,
2;

9;

Texas,

Virginia. 6."Fmm

4;

Utah,
a

6; Vermont,
i; Washington,
table prepared
by Geo. P. Upton,

"

58--

2;

Wyoming,

Chicago,

III.

2;

APPENDIX.

TO

ABOLISH

C.

".-\s long^
over

fellow

die, the
one

above
of

Legislature from

the

"The

man's

for

excuse

from
when

age.

of

viewpoint

civilization
that

man,

human

of

caj^italpunishment

race

the

".Ml

is

statutes

our

is needed

long enough
Wendell
the
a

of

get

Phillip says:
half

subject with

in

any

doubts

who

'To

all reforms.'

Many

other

than

jjurpose

of

least,to

the

them

excuse

"In

itself
the

not

are

from

It is

of

of

the

service

on

fully convinced

when
the

the

people

class.
from

death

prejudice
As

intelligently.
the

battle, and

investigate

never

that

large majority
impressed

with

penalty, sufficient,

juries
that

history

strengthen the opinions

fact

death

this subject

the

their

subject fairly are

this

righteousness

if,indeed, they
is in

hold.

and

persons
to

in

existed

listen is half

to

men

at

in this wonderful

aside

throw

remote

unfortunate

fairly

case

get

studied

have

then

punishment

to

Gilbert.

Mr.

still control

its most

the

erase

the

prejudice they already

those

of

citizens

our

that

revenge

convinced

am

Looking
that

infancy should

to

examine

to

hardest

and

to

reaching its highest point

treatment

ber
mem-

will. Tuesday,

continued

incredible

spirit of

and

interest

Gilbert,

who

more

exist.

might

seems

still in its

in their

that

is

same

was

Tennessee

it

C.

infallible

c.')ul(l possibly be

judgment

one

the

wrong."

is

must

penalty.

death

death

by

he

whether

C.

County,

study this problem,

more

judj^ment

intelligentopinion."

an

Hon.

the

by

the

decide

form

Davidson

abolish

to

punish murder

to

"If

bill

sit in

to

question of urg^ent

made

was

called

to

should

man

be

sworn

be

must

every

will

are

D.WIDSON.

OF

race

and

statement

introduce

that

human

penalty

which

GILBERT.

C.

creature

death,

upon

The

the

as

PENALTY.

DEATH

for

murder

hanging

men

trials

at
"

for crime

crime.
most

primitive

state

59

of

sttcieiyretaliation

was

the

inflicted b}- the one

punishing offences, and this was
of his friends the punishment
the injury or by some
suffered
who
and
other
Humboldt,
of death,
according to Agassiz, Darwin,
it
and
is
lamentable
and
a
origin
noted scientists,is of heathen
savage
of

method

still adheres

Tennessee

that

fact

primitive people
were
by stoning, as stones
effective death
dealing weapons
long
came
burning, and it was
could
made
was
by which a man
Among

"In

the

convenient

most

After

they possessed.
after

before

were

in

years
be beheaded.

there

idea.

likely

most

was

the

about

Blackstone.

of

days

penalty

death

the

barbarian

this

to

flic
in-

and

stoning,

instrument

an

England

dred
hun-

one

time
at
one
punishable by death, and
and twenty-three, ^^'ithin the memory
they reached two hundred
of England
of many
to
the law
hang persons
yet living it was
of five shillings from
convicted
of stealing goods to the value
a

sixty offences

and

warehouse

store,

should

stable, while

or

his

have

bowels

the

convicted

person

torn

out

and

burned

was

the

law

in

of

while

son
trea-

he

w^as

yet alive.
for

"Imprisonment
union
reports

is cited

thirty days
nineteen
law

five

e.xcept
for

two

who

in this

"There

are

great
effective

and

make
able

the

Pennsylvania
where
man
was
a
actually imprisoned
It is hardly necessary
to
speak of the
as

case

this

in

executed

were

goofl

many

progress
of
means

under

country
and

satan

relates

the

practiced

such

case

the

and

men

work

of

in Tennessee

women

who

are

reform

in

is

toward
being made
dealing with those who

penal jurisprudence

humane,

sensible

and

in

ing
danger of fallinto the criminal
class.
And
ment
today there is a growing sentilaw-makers
hold a post-mortem
to
among
over
antiquated
obsolete methods
and
statutes.
lizati
Laws, when
by civioutgrown
should
be declared
legally dead.

"Without
the

of

state.

constantly agitating
and

1845.

state

every
in the

into league with

they had gone
The
early history of Tennessee

witchcraft.

occurring

show
cents.

persons

because

late

as

to

debt

criminal,

any
it can

apology
be

said

allowance
for
great
to decide
how
far

Every

any

man

who

has

been

for

crime

or

are

unworthy

that

justice as

human

conduct.

man

may

immuned

"

60

"

well

Xo

sympathy

a'smercy
human

for

should
mind

is

justly be held for his acts.

in prison walls or
suffered

death

the

hand

of

hi"

inclination

to

fellow

innocent,

helpless
His
babe.
whole
life may
have
been
continuous
one
stru.fjf^
against disease, against poverty and tning circumstances, against
in his way
temptation thrown
by society and perhaps against his
at

natural

own

"Reason

abolishing the

of

method

dealh

an

evil.

do

with

speaks

once

was

uncertain

no

penalty

voice
in

and

advisability

the

to

as

demanding

humane

more

of

be
it seems
there can
to
felons, and
me
dealing with
the cruel law
should
not
no
man
good reason
why every
oppose
and
it from
the
not
erase
why this present
Legislature should
books
of Tennessee.
statute
Capital punishment is a disgrace to
civilization.
When
to
to
our
our
society insists
our
race,
age.
press
imof
in order
that it must
still strangle some
its members
to
with
teach
others
the value of life, that it must
peo])le the
of
it consacredness
of life by maintaining
school
murder,
fesses
a
itself a lamentable
I. for
failure and
a
jM-etentious fraud.
will give the best of my
one.
abilityto aid in amending our
ent
pres-

laws

DUKE

penalt}."

the death

on

BOWERS'

C.

Xashznlle

"

AGAINST

ARGUMENT

can.
Ameri-

and

Tennesscan

CAPITAL

PUNISHMENT.
The
that

first

of

of

case

killing Abel.
judge, the jury, and the

In

God's

kill."

There

"An

eye
life; but

for

sticks

up

Christ

declaring
it

in the

an

the

people

tooth

it

made

laws

'

was

not

Cain

put

the
to

shalt

this

that

likewise

"

himself

"Thou

after

laws

for

tooth

said

was

it.

do

to

he

man

did

record

any

God

He

man-made
a

have

we

court.

to

Mosaic

same

not

stated

life for

capital offense

to

:
a

pick

Sabbath.
and

came

that

and

eye

the

changed
than

teaching of Moses

and

evil

shed

person

and

teachings of

Christ

law,

to

God.

to

on

Christ

Christ

Imprisoning

old

belonged

vengeance
to do
good

blood, while

the

allow

some

were

the

better

was

whole

commandment

these
on

he

would

which

this instance

In

Cain

death, neither

of

nuirder

was

His

own

trying

to

61

"

for

eye

He

also

that

Moses

blood

for

reform

him
;

eye."
that

difference

shed
His

good

an

taught

The

Sabbath.

evil with

overcome

"

the

"an

his

mies'
ene-

enemies.

exemplifies
while
taking

one's

life is

saith

Jesus.

Because

lynching
Lord

"The

is

why

reason

to

all

same

well

as

so

favor
the

over

in the

as

should

away'

taketh

Lord

the

and

South

in the

God

should

we

be the

Christianity should

belongs

giveth

vengeance

no

Lord's

is the

North.

apply

to

the

world.

whole

of

power

Rice

Warden
Xashville

breeds
"Thought
says,
is strongly illustrated

Wilcox

Wheeler

Ella

suggestion
tells. A
hanging

took

place

gloom about
prisoner slipped up behind

penitentiary;all

afternoon

very

vengeance,

hanging.

Life

and

Southerners

are

we

or

countrv.

this

wreaking

thought." and
in

story

ex-

morning at the
the prison; yet that
fellow prisoner and

one

was

killed him.
is able

Who
the

morning

head

to

commit

Some

shalt

not

say

whether

the

state

the

second

did

not

or

not

or

murder

the

put

committed

murder

the

idea

into

the

in

man's

that if capital punishment

is abolished
argue
Brand
increase.
Whitlock
tells in his lecture. "Thou

people

will

crime

by

to

steal." that

bill to abolish

in the

debate

of

the

House

of

Lords

on

the

the death

the
a dwelling to
penalty for stealing from
of 40 shillings,
Lord
Chief Justice Ellenborough
amoiuit
declared
that if the bill passed, the property
in the
of every
householder
be left wholly without
kingdom would
protection, but his Lordfears have
been
not
^""hip's
justifiedin England.
The

that
have
experience of those of our
abolished
states
if anything deters
capital punishment proves
that
fens
capital ofit is by the state
not
doing what it says its citizens shall
do.
not
Burning at the stake did not prevent
the spread of the
Christian
religion. If putting people to death
could
not
stop a
how^ can
righteous cause,
expect it to stop an unrighteous one?
you

From

statistical standpoint,

the
United
gathered from
States
Mortality Report in the states
reporting for ten years
previous to 1910, those in which capital punishment prevails show
and
one-half
one
times as many
homicides
population
100,000
per
as
against those states that do not have capital punishment.
For
the last year
1909,
that have
reported, those states
capital punishment
a

had
the

states

two

in which

and

one-fourth

as

times

capital punishment

"

62""

as

does

many
not

homicides
obtain.

as

did

service

ficd from

on

death

the

aboHsh

To

conviction

of their

account

capital punishment.
mind, give the speedier convictions,
be

more

There
are

people

are

help

in the

North

and

capital punishment
It will

State

hot-heads,

lot of

the

advertisement

best

the

the

be

biggest

of

Tennessee

boost

take

to

let

is

Believing
my
of Mr.
to rally to the support
to you
in Tennessee.
capital punishment

right

in

Gilbert

The

Scimitar

News

campaign being waged

by Mr.

Bowers, of Memphis,
throughout the state and
Tennessee

papers

themselves

writer

of

this

before
and

it will

this

quit

stand
under-

to

matter,

appeal
abolish

his bill to

and

ploying
em-

him.

Bowers.

C.

appear.

elsewhere.

of

he

has

Legislature

aroused

has

nearly every
printed as often

which

So

is well.
cared

never

to

tere
in-

much

In

are

All

concerned,

Tennessee

the

others,

communications

is

mistaken.

The

in

abolish

us

Let's

reform

and

be

South

the

I believe

Duke

Editor

of

give them

us

state,

procure.

we

midst.

my

and

era.

could

had.

our

to

the

this

that

ever

man

judgment

that

for

Let
blood-thirsty murderers.
these
show
people that they are

them

want

we

money

think

who

"

that

would,

Tennessee

bring capital and investors into

rather
to hang
people
man
a

to

penahy

progressive spiritof

the

with

keeping

in

save

subject of

the

on

paper
news-

far

as

the

as

the

deeper in

go

his

the
than
conviction
antagonism to capital punishment
long
held that no
of men
has a right to go further
than an
community
individual
has a right
individual,and that neither community
nor
to

take

from

entitled
he

to

that

man

retain

which

God's

until

God

him,

gave

which

and

finger of finalitytouches

is

he

him

and

gives it back.
Nearly

back

two

number,

when

men

thousand

ago
interesting but

an

in

were

the

penalty for mundane

the New
Testament,
and

mercy

from

away
No

more

the

years

formative

obsolete

latest

the basis of men's

Teatament

of

needed

time

the

there

We

have

long

an

era

supreme

has

making

pronouncement,

deeds.

became

reminder

state, and
Since
that

misdeeds.
God's

Old

been

come

love

growing

capital punishment.
than

four

generations

"

64

ago,

"

in

England,

the

world's

progressiveand

most

nation, there

advanced

were

hundred

or

for the death

penalty. These
by laws
and
been changed, until today only murder
son,
treahave
one
by one
In
times,
are
save
punishable by death.
perhaps in war
calls
the
murder
of
other
a
countries,
even
sovereign
many
A
few
than
for nothing severer
life imprisonment.
years
ago
their
communities
in our
Isolated
Western
were
States, when
and
horse
cattle thieves always left the country
own
law-makers,
Certain
nessee
have
route.
states
recently done what Tenby the noose
tistic
is considering, abolished
the death
penalty entirely. Stacalled

which

crimes

more

that

show

in

those

crime

the

states

murder

of

ished
dimin-

has

theory is that the convicted

criminal
has
the chance
of being prepared for eternity. It also
the convicted
the privilege of a restoration
to
to
secures
one
that exculpatory evidence
later comes
to light.
liberty in the event
least of murder
In 50 per cent
convictions
there is the possiat
bility
of juries' errors,
ant,
either as to the guilt at all of the defendof
the actual
to
as
or
degree of his guilt. This percentage
that
were
uncertainty is itself sufficient to relegate the custom,
the only argument
against it.
increased.

of

instead

The

surprise to find a majority of lawyers against Air.

in his fight. Lawyers,
Bowers
there's a pity to it, become,
and
from
their earliest legal training, inoculated
of
wath
the virus
I call it virus
it has
because
been
custom.
a
precedents and
It is

bane

no

There

society.

to

by the antiquated
to
precedents

law

in

criminals
can't

you

the

and

don't

capital punishment
will, if this
First, that

Second,

it is

because

whether

the
]

not.

or

fails.

one

not

the

by

as

do

that

the

death

N.

AI. Curtis,

penalty, among

in

any

one

it will

as

be

his
other

"

"

class

visions

and

fessio
pro-

of

future
two

strained
unre-

in

making
law-

abolish

lature
Legis-

reasons:

preventive of murder

speech before
things, said
65

legal

radicalism

for

the

profession, but

some

itself.
Gen.

the

Legislature will

know

unholy

an

of

work

present
And

necessary
it is

of

shake
the
may
up
for
the people, with

it up.
It's
minds
free, to do

know

society and

adherence

procedures

You

done

wrong

obstinate

and

world.

much

as

wake
and

is

and.

barbarous

crime

in

Walter

Cain.

Congress

to

"Those

who

abolish
claim

it to

be

duty

our

of

class

same

Sir

men

thought it a moral
They have lived in
him

to

dungeon,

sun.'

the

laws.

and

customs

the

continue

to

More

Thomas

sin

P.

Green

Rev.

of

established

Galilei, and

the earth

revolve

sent

around

Op|X)ses Capital Punishment.

Jackson

then."

since

used

minister, who

said

Green

while

P.

Jackson,

Middle

in

preaching
a
talking with

before

u-ed

civilization

to

outrage

Rev.

been

have

never

been

has

years,

PENALTY.

DEATH

"Capital punishment should

coming of Christ, and it is an

five

grandfathers."

"

AGAINST

been

Galileo

suppressed
'guiltyof having seen

the
who

those

as

defendants

They

of

are

ages

their

than

valiant

age.

every

past

spoke of

wiser

be

to

of

law

for

it has

that

Methodist

for

Tennessee

reporter

the

The

fifty

Democrat

yesterday.
"Man

has

he has

what

right to take

no

to

to

'When
the

should

God

of

kingdom

earth

upon

and

"

earth

to

came

it

it

his

was

himself

to

was

wish

no

has

preach

that

man

slay his fellow-man.

not

Son

of

God

punishment.
death?
Why

Is

it

"The

Galilee

of

Christ

the

has

man

"

God

die,' when

'Thou
shalt
this
man,
say
shalt not
kill.'
ordained, 'Thou

right

given

not

suflfered

enough

not

should

wish

we

that
U"

of

excruciating tortures

the

Son

the

kill

men

in

the

bill

of
this

Man

day

was

of

capital
put

to

ened
enlight-

civilization?
"It
ishment

is my
hope and
will be passed

Yesterday
Memphis, who

Mr.

prayer
in this

to

session

called

Jackson

is here

that

trv

to

against capital ]junof the I.egislature."

Duke

upon

get

the

bill

C.

liowers

"

"The
pass

or

bill for
may

not,

RABBI

SAVS

BARBARISM,

AliOLISH

of

passed, and handed

most
prominent men

of the
petitionsigned by some
Nashville
The
of the city against capital punishment.
Mr.

liowers,

Democrat.

LKWINTHAL.

repealing capital punishment in Tennessee

may
but it is a good sign of the progress
of humanity,

"

66

"

civilization.

and

justice
sensation

it has

"

bill is defeated,
of

inthal

this

been

This

going

city in

for

on

agitation

the

strujjgle is
will

century,
resumed."
a

be

masterful

not

merely
and

passing

if the

even

Rabbi

said

l.ew-

ag^ainstcapital punishment

sermon

day ago.

"To

credit

the

generation

and

of

the

human

clime

it

race

anxious

in every

practice justice.
Their
will was
their heart
craved
good and
justice, but
the trouble
advanced
not
was
they were
enough intellectuallyto
know
what
justice was.
They believed
practicing
they were
In our
justice,but in fact they were
practicing barbarism.
days
know
better: therefore, let us
we
drop all prejudices and refomi
our
penal codes.
"Let
alK^lish capital pimishment.
us
Just alx^lish it. and the
will be satisfied.
cause
They will be satisfied bepeople of Tennessee
it. experience demands
it. justice demands
humanity demands
it. Away
with capital punishit,and civilization demands
ment,
every

with

away

it now,

people

be said that

must

and

were

it forever."

with

away

to

77;c

"

Xash-

z'illc Democrat.

lUSIXESS

FAVOR

Ml-.X

AROLITIOX

OF

DEATH

PENALTY.
I'nanimous
Nashville

endorsement

Business

Mens

Monday night, of
Legislature for the

the

given by the

was

Association,

the

the

regular meeting
before
the
is being waged
at

which

campaign

of

members

capital punishment. IL \V. Lewis.

of the association
M. S. Ross
and
other members
spoke in reganl
told of the gixul
the Legislature, and
the bill i^^nding before
to
where
effects obtainetl
capital inmishment has been abolished.
abolition

of

"

Xasln'illr

7V"/"t\\\\"'a;j and

EDITORLXL
Duke

Howers.

since

retirement

chain

of

who

from

groceries
signal success

he

LEXINGTON

THE

FROM

C.

.hucricaii.

residence

has

active

in

the

of

town

IVesden

personal management

and

established

PROGRESS.

and

conducted

for

several

of

the

years

city of Memphis, has been in Xashville

since the convention
of the
.\ssenibly for
Fifty-eighth General
if possible a bill abolishing
of pushing to passage
the sole purpose
the death
}"enaltyanil substituting therefor life imprisonment.

with

in the

"

67

"

Mr.
whole

expense

in the

Tennessee

the

by

humanily

of this work

and

that if he
says
is s2:oing
to carry

Legislature
of

legislativebodies
is

He

that

the

facts

know

Legislature

his
as

and

at

all the

in the

states

fight before

the

Union.

present.
that

by statistics

shows

Air. Bowers

he

successful

be

can

the

paign
vigorous, persistent and intelligent camall who
is known
is gaining ground
to
cause
of
convention
the
the
before
they existed

conducting

and

alone, is bearing;

prompted

Bowers,

the

homicides

of

number

penalty is
made
was
inflicted, but he thinks his greatest argument
by Judge
the legislative committee,
Greer, who
depicted a
spoke before
"(Gentlemen
this question :
legal hanging and at the close asked
have
if Jesus of Nazareth
could
looked
down
of the committee,
have
think he would
that scene
said, 'Well
and spoken do you
on
Air. Bowers
that
faithful servant?'"
done, thou good and
says
if his bill passes
and
is amended
by the exception of any crime,
it will be like a fellow saying, "Yes, I will get religion with the
I will keep on
has
sole exception that
stealing." Air. Bowers
of the best members
the help of some
of the Legislature and still
of
criminals
others
that
his plan in the punishment
suggest
might safely be given a trial.
per

year

in

is greatest

the

in

states

which

the

death

"

\IGOROUS
An

FIGHT
effort

AGAINST

is

being made
State of Tennessee, which
that there is a large element

CAPITAL

PUNTSHAIENT.

abolish

capital punishment in the

has
brought out very
conspicuously
of people who
the taking of
oppose
human
life for any
reason
whatever, those holding to this view
crime
of shedding blood
does not
contending that the individual
justify the shedding of blood on the part of the State as an expiation
that
be
from
taken
They contend
a
nothing should
human
be restored ; that only the Giver
of
being that cannot
Life has the right to take the life of a human
being.
The

discussion

of

this

to

question

the

has

developed

ment
lofty senti-

that in their sober

peoi:)le. It has shown
ments
momature
judgment they look with horror on the legally
sanctioned
kill.
i)racticeof killing those who
It is commendable
in those
who
this light for
are
making
among
and

"

68

"

the

abolishment

that
to

the

real

prevent

of
and

repetition of

punishment

of

them

similar
These
take

the

object

as

and

in

their

is

contention

is

punishing^ criminals

their

crime,

lessons

to

and

deter

hold

to

others

the

out

from

mitting
com-

active

of capital punishment
opponents
for life, without
confinement
the hope of

position that
or

of

that

crimes.

zealous

the

j)ardon

capital punishment
only object of the law

would

esca])e.

be

just

effective

as

deterrent

to

crime

death

that it is the certainty and

penalty. They contend
the severity of punishment
not
in preventing
that is effective
that if this be true
crime, and
it is the duty of the State
do
to
with the gallows altogether, and in its stead provide a mode
away
of punishment
for
be
atrocious
free of the
crimes
that would
horrors
of the gibbet.
as

Though
is much

capital punishment
be
said
against

to

that

pass'ons

inflame

with, good

can

sanction
of

of

presence

the

argue

the

Divested

it.

in the

us

reason

has

atrocious

an

there
and

crime,

legal death

of

wrong

the ages,
all the
moods
of

we

show

and

that

for life would

the
in
end
same
solitary confinement
serve
giving protection to society, but there is a spirit of resentment
invoke
and
leads us
to
which, if aroused,
a
passion for revenge,

the

^Fo^aic

of

law

"an

for

eye

policy, with

Whatever

an

eye

respect

to

and

the

for

tooth

solution

of

tooth."

this

problem,

expedient for the Legislature

has
feel sure
of the question which
the discussion
to follow, we
of people will have
been
sults,
good reengaged in by a large number
of the people,
for it has brought
the finest sentiments
out
merciful
well,
that they not
to be just, but
as
showing
only want
in the abolishment
and
be l)oth just and
merciful
that if they can
fheir own
of
soothed
the death
penalty they will at least have
life to a higher
in deferring
consciences
the taking of human
determined

be

may

])ower

than

.Xashfillc

that

on

as

has

which

and

Tcnncsscan

OPPOSES
Jiditor

me

to

and

created

been

capital punishment..

of

hands

man.

"

PTXISHMEXT.

American:

and
say.

the

at

American.

CAPIT.AL

Tcnncsscan

Allow

wise

Of

heartily
course.

"

69

approve
T am
not

"

of

your

stand

surprised

to

against
find

you

on

this side,

as

you

for

always been

have

against

right and

the

the wrong.
I commenced

Since

to

crime

savagery

offset

the

commits

his

for

crime

it in

the

me

of

of

relic

"

murder

to

The
by the individual?
real or
imaginary grievance

latter

law

Christ's

in

nothing

to

correction

best

cold-blooded

civilized

of

opposed

practice

savage

been

the

not

commit

state

some

nanie

is

it, there

see

to

committed

crime

same

does

state
as

it appears
third, shall the

second,
;

first, it is

because,

capital punishment

it I have

about

think

decency

and

fourth,

sanctions

that

teachings

the

capital punishment.
characteristic
was
prominent
evil," and His example is to be taken
I

the

honor

to

Martin,

As

Rev.

and

who

one

what

Thomas

the

As

on

say

people who

let

Christ,

to

unite

us

J- J- Thomas.

PENALTY.

would

let

with,

done
punishment
away
that I heartily endorse

had

itself

American:

and

mother

DEATH

THE

Tennessean
a

final.

Tenn.

OPPOSES
Editor

resent

will do
Legislature'of Tennessee
bill abolishing capital punishment.

pass

not

this

that

praying

am

as

did

''He

that

His

Mr.

me

rejoiced
through

say

Duke

C.

to

capital

see

columns
your
and
Rev.
].

Bowers

J.

subject.

believe
in

be

in

the

battle

strong

one

religion

of

the

Lord

Jesus

against capital

array

lawmakers
Have
the
of
commonwealth
a
punishment.
great
hell
if under
souls
into
the
right to plunge immortal
even
murder?
for repenthad
Give
committed
time
provocation one
ance.
"

David,
and

the

yet, after
of

after

man

all,

in

in

restored

was

heart,

own

the

His

valley of the
her heart
cherished
son
so
dearly, and
prison walls, let our
legislatorsdo away
name

"Am
of

the

who

God's

her,

I my

rich,

brother's
or

sight.
shadow

whose
with

Yes, and
keeper?"
well-to-do
being electrocuted,

"

70

"

committed

murder,

And

then

of

death

love

can

the

in
bore

the

penetrate

capital punishment.
as

you
and

seldom
as

hear

justice

sel-

"I

going

not

am

to

punishment

is twofold,

First, there

is the

who

man

has

"There

or

an

"If

killingof

would

who

tried, the

the

aim

there
Tf

But

of punishment

is better

this

would

be

and

because

you

can

boy.

mile

and

cap

to

bound
was

put

him

on.

you

the

done,
cnuj

imagine

thou

good

of
and

centag
per-

that

is

form,

milder

blood?

human

from

door

blood,

sit

he

The

of

the

saw

criminals.

under

the

to

half

were

the

law

faithful

about

"

72

"

of

horrors

in

If

it.

it?

it.

only

was

from

brought

man

ihe

and

wagon

jail

ride

place of execution.
up

bound.

to

the

scaiTold.

The

The

dropjied,
and
legs struggling to rise.
saying to )^ou and to me,
that
dangling fellow, 'Well

servant!'"

American.

shed

it

of

norrf:"r

witnessing

why

staggered

legs

the

oi

men

cofiin

his

on

in space,
arms
Jesus of Nazareth

instruments

the

gentlemen,

the

by

because

the figure dangled

Can

this is true,

of other

shedding

something
the jail and

arms,

decreased,

thing?

glorious day

poses,
pur-

vou

trap

brutalization

saw

these

the

has

shedding

the

cut
a

without

went

through

black

to

the

of

as
figures show,
of punishment
that form
of milder
punishment has

subserved

public execution

tell you

shroud

"With

to

of

deter

can

in his

executions.

no

of

law

tions?
]"rohibited public executhat
would
deter by brutality you
to
see
If it is right to take
life, always
there

wanted

have

If

have

why

true,

imagine such

"You

for

excuse

volunteers

you

"I

not

you

the

saw

Can

is

of

if

homicides

increased.

If
all

of

percentage

shred

years,

man.

old

the

either

served

die.

of convictions

any

late

better

to

by the

knows
thinking man
strain
protection by re-

reasons,

they incontrovertiblydo, that wherever

has been
and
abolished
the experiment
been

back
every

by law

let them

say

of

come

forth

go

crime

deterrents.

man

deter

to

has

go

eye, but
but
two

an

have

can

third
him

make

prevention by

the
I

for

eye

vengeance,
that
punishment
and

is

and

second

indeed,

some,

are

object of

the

The
The

and

that

timental
sen-

mere

as

restraint, to

punishment.

criminal

the

reform

to

it.

will show

third

of

reason

this step

subsidiary consideration.
the
protect society from

with

outraged

the

of

example

for

reasons

my

little reflection

reasons.

put

"

Xashz'illc

trap

Tcnncsscan

ABOLISH

15y

^^onday
House
in

of

vote

PENALTY

to

afternoon
bill

Xo.

Judiciary

recommended

DKATII.

Committee

for

abolishing- the

235,
This

Tennessee.

the

OF

death

taken

was

himself
effect

had
for

motion

on

bill before

Chamlee.
of

-Mr.
it

the

House,

and

who

devoted

almost

had

.\ashville

bar.

who

the

were

onlv

it.

which

argument,

objections

Shelby, who
death
penalty in
made
sentati
by Repre-

were

I'n'ant.

opposing

men

bill

the

address

of

the

leaving

bill.

all crimes

short

the

\\'inchester.

against the

committee

McConn:co's

was

Lee

Creswell

actually convinced

way,

the

Speeches

rape.

members

of

of

House

Gilbert
for

penalty
taken
was
following a
powerful presentation of

action

the

the

passage

C. Bowers
and
by Duke
a
to capital punishment
by K. T. McConnico.
and

of

was

made

up

entirely to

the

remarkable

so

their minds

that

the other

legal aspects

of

the

case.

He

based

much

confessions

of

revealed,

had

evidence,
a

volume

of

550

only a few
only covered

"The

main
is

standpoint
book

here

How
man

for

such

the
to

others

mistake

there

case,

from

Delmas.

convicted

of

of

which

are

and

too

the

with

while

such

him

he

ferred
re-

volume,

itself

in

was

cumst
cir-

mendou
tre-

bill.

from
of

the

cases

tion
execu-

juries.
know

we

never

lawyers'

mistaken
and

courts

have

the

cited

case

This

about.

light

to

come

no

his

of

executed.
the

murder

One

later

case

the

confessed

late.

"

human

73

"

of

Del-

Thaw,

was

of

tower

tell, to
the

murder,

be

dence,
evi-

circumstantial

pastor
the

by

could

eye

of

K.
the

in

sweetheart

year

occurred

Harry

the

was

defended

ablv

defended

afterward

murder

McL'onnico

Mr.

Uurand.

California.
who

by

what

on

which

T()oi.

only those

of

appeared, so far as
absolutely perfect and unbreakable

church

of

actual

upon

had

and

cases,

of the

passage

He

presence

up

graveyard

|;owertul

phine M.

was

cases

the

honest

most

l^urand

in

the

executed

innocent.

were

them,

of

been

which

say."

may

The

an

is the

many

had

men

in

cases

objection to capital punishment

the liabilityof judicial murder,
the

through

they

reported

filled with

pages

argument

after

that

to

which

it upon

church
when

it

evidence
have

criminal

in
do

to

to

would

go

of

be

to

get

circumstantial

use

all

homicide

would

man

by himself."

off

victim

his

acquittalsin

the

must

it otherwise,

Were

cases.

free

"we

McConnico,

Mr.

vet." said

"And

due

to

"Fifty per
in
from
I
now
experience
speaking
am
punishment.
my
capital
in cases
that
I
know
homicide
hundred
cases.
half
a
defending
will be no
there
hanging, he lays his
the lawyer knows
where
the jury that the
the beginning and
fights to convince
plans from
is 'either hanging or
nothing.' The
jury naturally revolts
case
I have
the man,
and acquittal results.
profitedby that
at hanging
cent

cases

are

myself.
TENNESSEE.

IN

increases

"Capital punishment
example

of

back

the

as

of

State

to

go

men

Do

burglary, robbery and arson.

that capital punishment
crimes
now
for

Mr.

McConnico

Governor

court.

Tn

would

or

from

we

state

home

of

300

those
?"

with

away

those

of

arguments

far

for

more

is done

them

so

still hanged

were

have

the

or

hanged

men

sets

who

base

regard

to

furnishing
are

Two

take

going

an

life.
to

the

on

to

power

criticised

the

overturn

both

views,

decrees

citing

law

of
and

the

perienc
ex-

side.

his

mob

law,

he

pointed

out

tliat

hanging

does

not

in
lynching is committed
lynching
capital punishment really increases
for
that the state
it. on
the ground
excuse
have
all the lynchings that we
"We
have
can

the horrible
prevent
but
South,
that
the

would

have

McConnico

Mr.
on

bill

the

opposition to

errors

by

the

up

the

ernor.
of the Govpardoning power
ernor
the GovOne
class, he pointed out, objected to it because
of the pardoning power,
correct
could, through the exercise
the ground that
while the other objected on
of the courts,

their

the

took

for

for

were

1858.

in

Tennessee,

far

so

when

England

in

days

in the

crimes,

Not

taking life.

crime,

have

impressive

crime

as

for

which

it is," he

facts

added.

brought

were

out

in

Mr.

Bowers'

ished
abolin six states
which
have
speech for the bill, that homicide
it is in the capcapital punishment is only 48 ])er cent what
ital
such
])unishment states, and that back in England two
great
Lord
authorities
as
Ellenborough predicted ruin
Elgin and Lord
if the death
from
and
removed
increase of crime
petit
penalty was
larceny.

"

74

"

CHANGRD

At

the

close
his

Mr.

Gilbert's

the

bill

years

that

he

Mr.

and

bill.

members

he

Other

Mr.

Gilbert

had

three

realized

now

Mr.

Chamlee

The

final

For

the

VIEWS.

McConnico's

conversion

were

ago

of

HIS

conviction,
of

and

voted

had

he

the

committee

E.

mistake

of
for

speaking

that

stated

similar

pressin
ex-

])assajje

Hill, who

against

made

Winchester,

moved

the

.Albert

times

that

speech Mr.

in

bill, but

doing.

so

IJryant o])iK)sed the bill, particularly as

it removed
the death
penaltv for rape, and Mr. Creswell
oj^posed
that
it on
the ground
it removed
of
the ])rotection from
crimes
violence.
He
cited the whitecappers of Sevier
he
County, who.
of two
had
been
checked
declared,
men.
only by the execution
Mr.
Fuller
somewhat
took
issue
Mr.
Creswell
this point,
with
on
never
maintaining that the man
really responsible was
punished.

"

of

Neely. Taylor
the

Fuller,
Bejach, Collier of Sumner,
Jefferson, W'illiamson. Winchester.

bill

"Relative

to

M.
a

Rice,

the

.\bernathy,

Xashville

"

Ten-

)X"T

j^ending

now

for

before
I

crime

any
stand
the

think

HAXc;."

and

the

Legislature

wish

to

say

work

of

C.

to

that
C.

bert,
Gil-

endeavoring to effect the

said
B.
is highly commendable,"
of capital punishment
the main
former
Warden
state
at
])rison,talking with
Bowers

C.

for

reporter

with

bill

the

it and

heartily endorse
abolition

Bryant.

"D(

SAYS

capital punishment
Duke

Chamlee,

Creswell,

"

EX-WARDFX

abolish

follows:

committee

the

.luicrican.

and

nesscan

of

vote

bill

Against

.Mr.

and

The

in

others

and

I
penitentiary for twenty
years,
close touch
this long experience and

fully

feel

state

from

connected

been

having

".After

Democrat.

with

the

ranted
war-

inal
crim-

disjxisi
any
observed
the
the
by
under
discipline
tion
cured
be
rigid
can
school
rules imposed
The
prisoners
oflficers of the state.
upon
that
their conduct
necessarily becomes
obedience
such
them
to
class

changed

that

from

their

and

former

the

vicious

whatever

The

life.

mind

influence

of

such

merit

svstem

of

commuiation

"

75

"

criminal

or

these

meets

environments

the

accordinglv
criminal
disposition.
"Under

of

man

of

conditions

changes

sentence

the

over

seventy-five per
twenty-five
that

could

cent

per cent
resulted

have

capital crimes.
meriting commutation

or

The

of

as

practice

as

shows

that

after

the

think

he

of

of

of

blood

would

of

his
it

want

fellow-man

eye,

minor

not

as

oflfenses.

has

served

ten

oflfender.

No

man

his

should
hands, nor
of his State, of which
he is
on

the hands

on

of

are

law-abiding
while
in prison.
inaugurated under
but solely as a protectio

not

the

nature

is, they

spoken

convict

such

that

"

rule, convicted

capital punishment
was
the old barbaric
teaching of an eye for an
to
to
society. It is not
punish
wants

oflfenses

capital punishment
twenty-five per cent

ing
remain-

of the

cent

per

and
has
been
released, he becomes
years
result of the rigid discipline imposed
a

twenty

citizen,

one

in

are,

also

record

not

convicted

are

The

not

"The

this and

earn

I
a

citizen.
"The

its

of the State
responsibility
citizens.
Are you
willing to assume

is

of
merel_\-the responsibility
this responsibility?

"Capital punishment is not a deterrent

of murder
under
almost
being committed
The
reaches
the hand
rapist never
who

lies in

wait

will

kill

to

avoid

crime.

the
of

the

at

reasons

to

same

the

known

I have

shadow
law.

time

the

of
The
that

lows
gal-

assassin
this

cealment
con-

the

with
the
discovery of his connection
If capital punishment
crime.
crimes
and is
does not
deter further
for
not
a
protection to society in this respect, then confinement
world."
life in prison meets
ville
Nashdemand
of a Christian
every
"

Democrat.
HITS
'T

heartily opposed

am

B. Martin
for

of the

The

the

as

am

for

further

system,

the

out

carry

such.

infallible.

present

to

Cumberland

Crime,

opportunity
"I

not

not

crime.

be treated
no

PUNISHMENT.
A.
capital punishment," said Dean
Law
School,
talking with a reporter

Democrat.

"It does
of

CAPITAL

to

When

of

aims

true

justice
"

the

deterring

large degree, is a disease, and

capital punishment takes place

should
is

there

reformation.

opposed

Mistakes
cannot

to

are

man
capital punishment because
occasionally made, which, under

is
the

be rectified.

"Finally, I am
no
opposed to capital punishment because
has a right to take what
Xaslwillc
he did not give."
Democrat.
"

"

76

"

man

CAPITAL
To

the

Editor

How

of The

PL'XISHMEXT.

Banner

Christian

minister, who

preach Christianity,can

has

his

spent

hfe

attem])tinj

favor

capital puni'^hment is a mystery

the
To
murderer
to
cut
me.
off, behevins^ that he is doomed
eternal
to
be committing- the same
crime
to
punishment, seems
that the murderer
did, and
i)erhaps he did it in the heat of passion,
while
does
it deliberately.
state
to

When
He

Cain
both

was

kill

slew
the

Cain?

No;

he

shalt
vagabond
shall not
yield her

said

seven-fold.
his

to

wives
to

man

young

be

and

while

of

bereaved

Lazarus

his

right

can

with

the
not

be

water

to

favor

evil.

thirst, give him

fire upon

Now,

his

of

sets

better
be

denied

bad

of

it.
is

tinual
con-

example

them.

the

to

of

his

her

to

it not

Would

servant

proceeds

while

Has

he

parched

the
I

the

state

labor

to

or

the

to

and
how

hell

does

unto

see

how

him

heard

And

say

vidual
indi-

any

hardly

can

tongue.

said:

state

Dives

saw

fellow-men
who

Christ

drink

capital punishment

conscience

there?

one

their

thine

Cain

of

man?

his

If

and

own

she

man

give the

cool

favor

and

all-wise

was

in

seven-fold,

avenged

who

and

ministers
not

you

agree

that

ye

if he
and
hunger, feed him;
doing thou shalt heap coals of

enemy
for in so

head."
he

was

all other

any

sending

teachings

his

descendants,

wounding,

my

it

earth

other
anprevent
shall be taken

Cain's

be

then

murder,

to

happy

so

shall

not

was

punishment

send

to

to

God.

murdered

the

eternal

could

now

Cain

expect
any
murderer

life, and
of

of

calling for

let

of

and

to

vengeance

man

fugitive

tillest the
order

God

lives.

he

not

to

ones

Think

resist

need

murder

hangs

state

better

balance

in

men.

Did

.\

thou

one

seven.

commits

man

the

far

and

not,
confessed

tormentor

citizens,

If

hurt.

Lamech

When

slain

changeth

when

between

men.

life sentence.

also,

have

seventy

and

When

my

truly Lamech
merciful

Lamech

of

governor

strength, and added,

whosoever
slayeth Cain

murder,
him

moral

him
gave
thou
be. and

only arbiter

the

was

politicaland

on

G(jd

Abel.

to

only talking
This

resist evil?

"

his

to

77

seems

"

chosen

twelve

and

ridiculous; the New

ing
allowTes-

tament

given

was

Neil

To

to

sentiment
should

therein

as

not

PUNISHMENT.

in

Lofton

A.

unchallenged.

go

of

liible

bloodthirsty
that the rule of life for life prevailed then goes
laws
whether
but
the question is not
they were
That

such

also

we

the

be

to

are

by the law

governed

its execution?

follow

the

rule

of

says,

and

told

the

Jews

were

set

Bible

Cities

of

and

murder

kill him.

refuge

Does

any

one

how

will

deny;
dispute ;

one

without

then,

but

should

think

such

the

so

the

just

death?

committed

man

the

law

in

got

trial ; otherwise

law,

not

it.

when

and

life,why

the

gave

execute

apart, and

punishable with

were

no

life for

of
God

to

"avenger"

have

could

he

oflfenses

many

the

outran

safely, then

are

prevail now

laws
If

laws

the

ample
ex-

causes
Tuesday's r)anner
that such
make
reply for the simple reason
man
a
expressed by so good and devout

G.

and

forth

come

an

Democrat:

Dr.

article of

The
me

of The

Editor

The

set

to

his

slew

thought it best.
J. H. Ogilvie.

had

CAPITAL

ON

FORT

B.

God

for

time

if he

Cain

When

men.

Nashville, Term.

Avenue,

JOEL

of
ver\^

capital punishment,

of

104

the

been

have

would

brother

world

the

to

city

of

refuge
How

right?

or

think

Just

to

was

avenger

of

the

adultery it
stoned
trial and
death
not
to
was
a
death, but they were
by a
If a man's
mob.
wife
ship
thought to change her religion and worother
God
of the Jews her husband
but the God
was
any
kill her.
I might go
directed
tail
at
to
length into the horrible deof those old Jewish laws, but it is not
Our
own
necessary.
that
ancestors
brought a list of death
penalties to this country
horror

of

would

shock

man

in

it.

jail for
to

the

Times
bf*

man

and

woman

sensibilities

preaching
go

about

of

an

kiss

to

but

the

with

in

Tennessean

average

Sunday

on

caught

were

anything

forbidden

frightful and
of

must

the

religion,had
was

If

of

or

babe

his

wife

be

wholesome

put

theory of

orthodox
look

"

sanctitythat
under

alty
pen-

law.

have

changed

changed
to

laws

and

to

suit the times.

"

78

"

and

beneficial

doesn't

been

never

anything

does

good

of

relieve

to

of

of

distress

the

and

talent
I have

society?

but

Hooper,

condemn

time

devoting

are

Governor

the

to

man

under-class

the

of

supporter

good

so

Now,

reformatory."

mere

people who

condition

the

alleviate

for

strange

all the

of

efforts
to

look

that

into

penitentiary

the

change

to

every

I feel

unfortunates

these

he

time

Well, I am
glad that I
Sickly sentimentalism.
for
heart,
I
that
have
forgiving
I
a
and
sentimental
am
glad
am
those
who
forgive
we
as
it is written
our
"forgive us
trespasses
against us."
trespass
kinder

him.

to

Most

of all I

astounding

"Those

rail at

who

rail at

God's

image,
of archaic
ignorance

article is this

in the

see

Him

make

and

God,

liar

and

do

you

what

Now,

stupidity"

and

out

murder

who

those

for

capital punishment

tyrant

of

think

that ?
A

good
Legislature

to

comes

man

Nashville

his

at

beg

to

expense

own

Jewish barbarism, and

Dr
Vance
included, are
"railing at God
he, with all the good men,
tor
But
the pity of it is that the Docand
making him out a liar"
all the
that
time, and
are
sees
we
growing worse
says,
has
nature
"and
not
changed human
yet the twentieth
century

the

whit.

one

saloon

Vice

adultery, divorce,

crime, murder,

and

of

law

slave
robbery, gambling, politicalgraft, the white
and
iniquity, maladministration
assignation house
lawlessness

twentieth
I

repeal this brutal

to

all

"

this

and

is

more

the

on

listic
monopo-

the

trade,
of

tice,
jus-

in

increase

the

century."
afraid

the

have

we

Joshua
for

no

nation

Doctor

is

pessimistic, for a truth

I can
better
that the world
in my
has grown
he
see
day. If what
is true, what
and
profit has been all the efforts of good men
says
We
good women?
are
climbing higher
Away with such an idea!
the mountain
and
behind
are
leaving the putrid bogs farther
up
each
Civilization
of concfuest, and
has declared
against war
year.
am

which

murder
uj) and
other
than
motive

go

no

growing

would
the

too

for

stand

because

Ai

of

people

those

moment

to

see

and

plunder and
])eople defended

burn
their

homes.

"'

The
floats
every

banner
on

of

every

uunfortunate

the

Red

Cross

battlefield, and
soldier

on

"

in the
tender

either

80

"

hands

of Christian

arms

side

are

of

the

women

outstretched
contest.

to

Tt is

calls

that

humanity

advancing

Physicians
for

home

those

that

who

is

grip of

the

in

are

right

and

disease

the

out

stamp

to

thousands,

the

by

glorious spiritof
everywhere responding.

it is the

and

struggling

are

its victims

help,

civilization

of

age

for

in your

the

that

bers
num-

city is

own

white

great

the

plague.

and
women
prison officials and good men
in penitentiary, trying to make
them
the convicts
at work
on
are
and
Consecrated
better.
are
men
women
baring their breast to
ity
danger in every clime, all working for the uplift of humanevery
for by patriand cared
otic,
orphan asylums managed
; everywhere

Governor

The

Christian
homes,

glad I
prating

and

men

women's

old

women,

about

The

the

further

Doctor

says
fulfills or

for

the

law

the

is

am

much

so

fire and

law

stone,
brim-

correlatives

are

it is love

"

not

! I

ity.
suffering human-

of

and

! my

My

of

hell

cause

"Love

keeps

endless

an

labor

unselfish

more

alone

of

tortures

soldiers'

old

homes,

their crutches.
pensions for soldiers on
live in an
of humanity, when
there
age

and

love

the

and

insists

that

on

kind of logic may

This
well be advocated
vindicating the law."
in his theology, but I fear the Doctor
he
cannot
see
daylight when
in practice in the criminal
law
of
the State.
puts his theories

Keep

the

from

law

love

Is

that

the

doesn't
man
a
obeyed, just for love, and when
beautiful
won't
a
keep it, and| he outrages
woman,
State from
love hangs him
higher than Ilaman.
It

is this

way

above

the

stands

if he

and

for

but

fear

fellow-man

law.

the

and

do

people

above

it,and

honest

not

affect

from

theft

it is

stand

So

law.

with

murder.

not

does

man

It does

refrains

of

good

An

the

above

law

and

The

the

he
the

because

he

of

the

law

then

thief

love

I love

above

am

steal

for

law

the
and

him.

nuirder.
I

love

not

not

the

expect

you

way

is beneat

the

law,

life of

law, and

my
all the

trying to raise others

are
helping those who

are

and
reaching down
in the underworld
and better life;
to a higher plane and
to a new
and
the tendency is in prisons to make
the culprit an
honest
so
and
If it is, God
Is this sentimentalism.
bless all the
good man.
of sentimentalists
thousands
who
are
today fighting for the uplift
of humanity !

The
the

sins

dye, that

they

minister
of

man

are

stands
are

repentance

Sunday

every

"as

will

scarlet"

and

of

and

teaches

that

darkest

and

the

bring forgiveness.

"

81

"

So

God

though
deepest

will

even

forgive
the wise

he

have

may

must

for

cry

for

in

disgraceful

tooth

must

shall

eye
for

for
evil

from

life shall

hand,

for

hand

tooth,

Tennessee,
life that

deeds,

but

this

other
an-

to

manner.

pity; but

not

his

murderer

the

of

hliss,
of the

secrets

murderer
of

repent

send

and

thine

eye,

and

the

the

State

the

to

comes

of

haven

eternal

knows

who

confine

blood

world
"And

it

even
forgive, nor
time
to
remedy

not

must

g-ood God

when

this, but

the

in

him

save

and

merciful

and

heart, will do
she

and

murderer

the

for

go

foot

and

life, eye
foot."

for

(Deut. xix.. Chap. 21.)

! I do

Why

barbaric

and

law

if

believe

not
as

that

written,

one

such

advocate

should

one

it is

said, by

horrible
direction

the

progressive age, on any inquisition for lunacy he

It is brotherly
would
safely land in the asylum for the insane.
and
it is mercy
unfortunate
for
the
is
it
now
love now
;
pity
;
with such grand and powerful influences
coming
charity now
; and
is becoming
better and
is growing
from
these virtues, the world
in
there
have
knowing
where
man
can
enjoyment
a
place
every
in raising the fallen, cheering the faint and
for him
is work
to do
for
the merciful,
"Blessed
are
ministering to the unfortunate.
Joel B. Fort.
they shall obtain mercy."
of

God,

in

Adams,

this

Tenii,^ February

13.

PUNISHMENT.

CAPITAL

Mr.

Duke
has

C.

Nashville

the

(Editorial from

retired

Bowers,

Banner.)

manit
hucapitalist and
session of the Legislature

merchant,

brought into the present

unique interest apart from politicsand not

of
which
the attention
to
public matters
Mr.
Bowers
has
a
most
deeply directed.

taking

the

of

human

remarkable
efifort and

feature
does

the

with

other

has

been

solons

deep

conviction

that

justified even
legal execution, and he is making ^
the Legislature pass a bill abolishing

life is wrong

of
though it be in the form
have
efifort
to
energetic
very
capital punishment.

The

connected

of

not

and

organization after the

Mr.
Bowers
usually fostered.

"

from

be

it is

divi
purely an insociety or

humane
any
that
such
movements

manner

makes

82

to

is that

his work
come

other

not

"

the

impression

that

are

he

is

very

much

that

he

in

wholly sincere,

earnest,

there

and

be

can

no

doubt

is

of
the
The
effort
nature
ahogether disinterested.
it
would
behind
motive, and the man
hardly permit an interested
is so
with
motive
such
entirely dissociated
can
politics that no
be imag^ined. It is indeed
that
determined
endeavor
so
an
rare
in behalf
is made
individual
of
of the supposed public good by an
his own
initiative, and it is this fact that gives Mr.
Bower.-?' exertions

behalf

in

of

peculiar interest.
attention

the

to

discussion
The

of

"Thou

He

directly from God

both
explicit and
it

read, "Thou

says,

"He

This

was

in

shalt

do

thunders

the

attracting public
quite a warm

man

liberal

some

in the

smiteth

otherwise.

Sinai, and

of

murder,"

no

laid down

that

in

decalogiie very plainly says,

stone,
on
given, engraved

the

imperative, but

by the laws
w'hich

of

Moses

to

be

brought about
the daily press
and

through

kill."

not

succeeded

introduced

to

has

and

measure

caused

has

least

at

commandment

shalt

made

has

its merits

sixth

bill he

the

next

translators
this

and

have

seems

chapter, Exodus

that he

so

seems

die. shall

ranted
war21

:i2,

be surely

prescribed for lesser

for eye,
the familiar
citation, "Eye
offenses, concluding with
under
Still this was
the old dispensation.
for tooth," etc.
tooth
doctrine
of venthe
overthrew
The
geance
language of Jesus, who
refute it.
of evil, is used
to
and
taught non-resistance
death."

to

put

and

the

death

is also

penalty

the
on
religious argument
subject has gone, but the position is presented in practical guise
is, can
and
the gist of the whole
matter
society adequately protect
of the death
if the terror
itself against crime
penalty be not
As Sir Roger de Coverley was
of the evil-doer?
the eyes
before
This

is the

to

been

said

and

"Much

remark,

wont

both

and

pro

enlightening,

con,

if not

be

can

and

the

said
the

on

both

arguments

sides."
are

Much

has

all interesting

wholly convincing.

is certain,

much

This

which

in

manner

the

offenses

for

which

ment
capital punish-

diminished
prescribed by civilized nations have very much
crimes
in number,
and
formerly so punished have not increased
for instance,
a
once
capital
under
a
lighter penalty. It was,
stolen
steal a sheep in England, and
offense
more
to
sheep were
is

than

then
In

now.

offenses, murder
of

the

the

Tennessee

law.

and

It has

rape.

prescribed only for two

the utter
rigor
certainly deserve
law
the
murthat
against
many

penalty

death

Both

appeared

to

"

83

"

is

been
At
least there
have
too
lightly enforced.
where
the crime
and
conviction
flagrant
who
was
escaped
many
where
the evidence
convincing. In England and other countries
of homicides
much
and
all manner
murder
are
justice is surer,
It is arg-ued by those who
capital punishment
more
rare.
oppose
rather
than
its severity prevents
that the certainty of punishment
be done
that may
be, assuredly nothing should
'However
crime.
in this state.
homicides
increase
have
to
that would
tendency
any
is now
of such
here
The
crimes
record
disgracefully high compared
is

der

now

too

with

other

parts of

where

world

the

criminal

the

laws

are

enforced.

better

proposed abolition of the death penalty for rape presents

If
in this section.
conditions
to
a
problem peculiarly incidental
The
abolished
it should
be
likely increase.
lynchings would
murder.
of very
heinous
same
might be true in cases
The

is very

Capital punishment
The

world

today

execution

on

will

permit

not

which

revolting

in the

the

horrible

sensibilities.

refined

spectacle

crowds

past gaping

made

of

lic
pub-

gruesome

pohtical death
penalties
with
which
it is to be hoped, a barbarism
history abounds
are,
that
of
is entirely past.
be a recurrence
There
can
hardly ever
the horrors
of the guillotine. Today neither Major Andre,
Nathan

holiday.

Hale

Sam

or

military

Davis

would

be

higher thoughts and

to

Init

The

executions

to

the

conclusion

condition

is not

put

the

In
refer
I

yet

Editor

very

in my

Mr.

death.

The

practice

fixed

that

in matters

Tennessee

is advancing

world
of
can

this

kind,

better

its

by abolishing capital punishment.

your

read

to

milder

CAPITAL
To

and

on

of The

editorial

kindly
further

to

Banner:

today, entitled
but

me,

and

tight to abolish
Gilbert's

PUNISHMENT.

found

the

bill to

was

that

"Capital ]\mishment,"
you
extremely disappointed when
you

death

penalty.

substitute

life

do

not

concur

with

me

imi)risonment for the death

of the
penalty is, to my
most
mind, one
important bills before
the Legislature. The
decision
of this body will be to either disconti
this barbarous
practice or else in effect say to the judges,
juries and officers of this state, you must
continue
murdering the
state's enemies.

"

84

"

You

state

trouble

look

to

abolished
do

the

those
If

have

is able

We

can,

in the
in

to

say

favor

penalty.

And

fact

Mortality Statistics,
in the

homicides
that

states

convictions

than

abolished

not

would

it.

would

example

In

those

much

last

there

be

those

that have

homicides

have

favor

our

the

retain

twice

death

during

the

the

States
of

number

condition

crea
in-

not

in those

penalty than

if such

Now,

ished
abol-

United

the

by

than

more

is that

no

decrease.

or

states

reported

one

it.

increase

an

states

in

were

that

cause

of

an

abolished

have

have

be

very

states

that

states

homicides, then there might

of retaining the death
penalty. But

as

is the

which

the

to

there

death

take

us

whether
take

1909.

those

capital punishment

number

however,

the

year

of

abolishment

one

find

will

you

ix-naltysecure,
by far, more
which
as
yet, luifortunately,have

argument

some

will

If

death

increase

an

conviction.

escape

u]) statistics. y(3U

states

the

few

toi^

is

mere

"happen so," it is certainly a peculiar "happen so." It surely does

to at least 1)C willing to give the life imprisonment
give us reason
proposition a trial.

and

That
is anlikely increase."
regards "lynchings would
other
proposition that can
only be definitlydetermined
by trying
of
life imprisonment
uals
plan. To my
thinking, individway
will come
life by precept
nearer
having respect for human
example from the state than by the state's committing murder

and

at

As

the

If

the

same

such

fear

the

of

time

thing

the

mob

the

if the

fear

of

enters

into

the

saying
the

as

and
mob

Rice

states

of

the

fear
of

those
"that

the

gallows

of

the

gallow^s, either,

vicious

having

been

deprive
If

commit
of
of

some

our

We

to

cure

him

it is
a

crime
if

crime
kind

isn't it

then

man.

ever

crime

with

to

man

of

under

the

any

If

kill

there
him

is

and

this chance.

of
a

it is

I doubt

connected

Tennessee

chance

but

kill."

class.

I feel that
penitentiary twenty
years
criminal
be cured
whatever
vicious
or
disj^ositioncan
by the officers of the state."
rigid disciplineobserved

the

rape,

of

that

after

shalt not
deters

punishment

fear

the

or

of

Ex-Warden

fear

not

heads

its citizens, "Thou

to

to

to
we

kill, then

neglect

tv}' and

put

do

we

not.

voice

to

raise

our

stop

to

this

citizens, almost

as
or

make

an

effort

legalized murdering

fellow-citizens.
in this fight, but
shall at least be conwin
not
soled
we
may
of these pcx)r
unfortunate
with
the thought
that the blood

"

85

"

to

s.

p_

to

be

not

friend

"

told

it is true,
we

and

each
Xot

One
as

well

of

on

murder

the

these

notorious

incident

in

executions
do

consider

the

contrary

intelligent. As

an

motive

real

revenee

"

an

spiritof

excitement

were

for

us

as

in

with

Yet

and

for

eye

at

and

through

vent

capital punishment

as

some
a

with

were

within

those
trated
perpe-

which
intention

the

after

sphere of their influence.

are

illegal. The former

So completely is this
in

good
only an

once

exercised,

were

revenge

given

an

the

was

forty-eight hours

the

as

is

which

both, that it is difficult any

contention

sary
neces-

excuse

circumstances

under
one

is

"hold-ups"

incident,

an

within

within

and

eye

barbarous

relentless

it has become
argument
for capital punishment
which

the vicious

arguments

all of

"

that

committing

not

experience

be

in

(and

twice

both)

of

and

fact.

murder

to

almost

bv

spirit of

the

scale

an

Swift

tho=e that
prevent
latter, if there is any
influence.

the

protest,

no

ourselves

weakness

crime

very

indicated

that

The
case.

very

resorted

Lesfal homicides
foster

this

the

criminals

horrible

the

ambitious

an

do

we

make

we

perpetuating these
hanging of murderers

murder.

and

weapons,
had
men

hanged
made

of

in

execution,

deadly

is that

them

illustrated

law's

it.

with

conformity

for

appear

deterrent

abolish

or

that

newspaper,

in

longer
faith

tooth
and
less

preventive

for

love

of

in

the
If

tooth.

for

brutal

and
for

excuse

is rooted

to

morbid

sport,

crime

all

would

abandoned.
The

us.

reasons

many

laws.

of

of

one

alter

to

attempt

any

his

to

require of the Sheriff,

books
statute
against which

our

upon

nor

writes

citizens

as

law

the

protestant

one

as

Editor.)

Post,

in Chicago
legalized hanging
of Illinois
the
peo])le
by
s])rung

strangled at
gallows-trap was

were

The

F.

Louis

Mr.

Public.

The

from

men

last week.

what

B.

PUNISHMENT.

CAPITAL

(Editorial

so

going

are

killing theirs."
February 9, 1913.

Dresden,

Five

"that

says

individuals

kill its enemies,

to

power

our

Bowers.

C.

Hubbard

Elbert

tbat

me

continues

the state

as

in

was

Duke

continue

for

if it

bands

our

on

it.

sotp

long

would

beings

liiiman

sentimentalitywhich

pities the murderer

"

S6

"

on

gallows

re-

and

if

citizens
no

given
Man's

chance.

Will

law.

the
other

the

1909
hundred

one

and

but

with

average
was

Massachusetts

2.4

Hampshire

cries

Connecticut

3.9

3.8

York

Michigan

2.2

Ohio

5.1

Indiana

5.3

Wisconsin

1.8

South

4.7

Dakota

Colorado

10.7

reporter
the

believe

you
over

the

"interview"

electric

chair
be

to

Some

way

LAFALI.ETT

FROM

capital punishment?" asked a

The
telephone a few days ago.
that

Sing Sing
hanged here in

and
the

to

were

men

seven

at

I cannot

every

committed

to

MACAZINP:.

in

was

and

PUNISHMENT.

CAPITAL

"Do

County

of

capital punishment.
obtains.
Capital punishment
Capital punishment obtains.
No
capital punishment.
Capital punishment obtains.
obtains.
Capital punishment
No
capital punishment.
obtains.
'Capital punishment
obtains.
Capital punishment
No
capital punishment.
obtains.
Capital punishment
obtains.
Capital punishment

2.6

.'

EDITORIAL

abolition

the

is

there

noose

homicides

oi

New

for

out

Weakley

1.4

Island

great

hangman's

passion
and
good

of

heat

No

i.i

Rhode

will become

give
for-

to

Maine

Xew

It is better
in the

that

number

population

"

notice?

take

state

the

During
the

can

humanity to man
gentlemen from

the

in

county

chance,

Men

times.

it is murder

life

take

Why

individual.

the

or

fellow-man

their

slain

have

law

nine

and

ninety

them

today.

good

by the

done

whether

"

hold

of those

none

that

get accustomed

of
to

Press

occasion
death

prisoners

two

District

meet

L'nited

for
in

were

the
demned
con-

Columbia.
the

fact

that

the

law

are
so
practice that prevails in the District of Columbia
apt
be an
to
subject to the
They are
example of unenlightenment.
of Congress, and
if there
revision
is a place where
capital punishmen
should
not
exist, it is here in sight of the capital dome.

and

I think
it such
penalty because
object to the death
whom
terrible thing for the individuals
it is administered,
to
a
Thousands
of
murder.
provided they are
guilty of deliberate
I do

not

"

88

"

innocent

people
of

execution

is

contrary

civilization.
retaliate

The

penalties of
preventative

of

extreme

does

it deter

as

with

compared
criminal
for

as

take

the

to

the

who

kill, who

thus

like

fast.
break-

its

and

practice of modern
humanly
possible

country

our

two

number

of

to

that
a

how

in

English

offenses
I'nited

lesser

ject
subStates.

crimes

il is

of

"

nor

give

must

chances
the

heat

executions,
the

ened
hard-

of

escape.

.Vnd

of

passion, they

; the

of those
large number
suicide, or give themselves
fear

little the

find

today the extremely small

his

murder

the

the

these

nuu-ders,

in

consequences
and
commit

turn

of

code

to

years

under

1 think

cent

per

hundred

seventeen

were

obviate

not

commit

shows

law,

to

goes

good

barbarism

death

civil

the

confidence

thought of

no

was

one

by

there

years

Tn

great

those

only

punishable

murder.

something

"

it

he

end.

of
and

with

justice to the criminal;

as
a
were
warning and

out

back

go

i)enalty under
penalty did

The

number

need

twenty

death

to

inevitable

thought

severity served

offenses

\\'ithin

eating

to

even

that

mete

when

amples
ex-

crime.

we

hundred

to

trophes
catas-

headsman

man.

survival

was

the

met

the

l)est

idea

and

great

It is said

law.

old

crime,

the

to

nerve,

is

and

ilistory i^ives many

average

all for

us

prepares

capital punishment

existence

the

usually keeps his

Nature

two

that

say

drowning,

more,

wh(j-liave

women

observers

wrecks,

snffer

who

and

men

jest. And

Rut

daily from

all kinds,

of

his

die

of

death

influences

who
over

their

acts.

If

is to deter
crime
cai)ital punishment
in its most
and
revolting form
given

publicity.
thousands

)nly

of

few

spectators.

it should
the

be

widest

istered
admin-

possible

witnessed
hangings were
by
practice no
longer prevails. The

ago.

vears

The

effect there
is from
.Vnd
whatever
deterrent
public is excluded.
rhere
is produced by the filtered newspaper
accounts,
execution,
features.
It is well
is a growing
sentiment
news
against these
crimes
is
where
one
recognized that these recitals suggest many
for the gallows
of the electric chair
substitution
prevented. The
In that degree
of capital punishment.
the horror
to lesson
was
it diminishes
In

its deterrent

view

of

the

shall

be

as

only argument

change

effect.

i)rivate and
that

which

in sentiment

from

free
for

remains

"

89

the

"

demands

terror

death

as

sentence,

that

tions
execu-

possible, the
is

that

it

relieves

societyof
life

his

for

it is easier

that
have

burden

the

prolonged.

crimes, for which

many
rape,

for

who

one

criminal

committed

has

and,

murder

haps,
perto

not

reasoning applies equally

capital punishment has been abolished
this

But

to
"

instance.

Some
have

of the

of support

wardens

say

committed

habituated

those

than

again violate

never

the

law,
crimes

lesser

to

who

prisoners, particularlythose
extenuating circumstances,

under

murder

perhaps might

life

that

less

much

are

who
ace
men-

professionals

"

to

so

speak.
Broader

of crime
and
understanding of the cause
bility
responsifor it,is tending slowly to revolutionize
the plan of dealing
with
it. The
recognize that the struggle is
higher authorities
retributive
social, not
individual; that retaliation and
justice is
the
lessen
administer
it, does
not
to
impossible and the attempt
realize
that
who
a
evil-doing. Anyone
stops to think, must
for a specidefinite amount
of punishment
be measured
out
cannot
fic
ofifence

that

that

sentences

the

and

habitual
of

there
be

might
ofifenders

terms

sentences,

safely suspended
incurables"

the

"

long

many

more

fixed

as

are

by inflexible

to

go

than
free

life

even

permit

to

the

at

statutes.

Investigation and experience have proved, what common

ought always to have told us, that solitary confinement, or
in idleness
and
under
promiscuous
herding of criminals
conditions, makes
of

improving
Humane

the

those

and

not

more

savage

piratio
ex-

savage,

and

destroys

sense

worse,

harsh

the

hope

wholly degraded.

scientific conditions

light,
sunplaces of detention
methods
of reformation
air, cleanliness, and
ployment
regular emin healthful
and
varied
and
useful
occupations, with
incentive
a
termin
degree of compensation
as
an
together with indeboards
for pardon, probation, are
all indications
sentences,
of the changed
attitude
of society toward
convicted
those
of violations
of the law.
Society is beginning to recognize its
responsibilityfor crime and its obligation to at least administer
the law
that its operation will not
further
so
fend
degrade the ofIt is wise
be
even
though the first cost
economy
somewhat
direct
effort
to
in
the
formerly expended
greater
of those
"punishment"
live and
to
imprisoned to fitting them
to earn
return
better
to the world
a
living, so they may
prepared
to
with
with
less
likelihood
of
temptation and
cope
being a
further
to society.
menace

in

"

"

"

"

"

90

"

CAPITAL
Editor

Tennessean

In

The

PUXISHMENT.
American

and

Tennessean

American

and

of

January

29

see

old

my

friend

and
others
have
introduced
bill in the Senate
McKinney
a
abolish
I am
to
this is a
sure
ca])italpunishment in Tennessee.
will be encourajj^ed, and
doubtless
step in the rig^htdirection, and
will receive
the
full ajjproval of a majority of the best people

of the

state.

in the

cardinal

the

When

which

of which

shadow

Under

in

shalt

guidance
capital punishment was
God's

the

did

state

of

one

her

Under
for

God."'

but

says,

up

the

of

do

and

of

it

under

the

have

not

of

laws

the

on

in

law

the

right

coolly

to

then

state,

my

murder

"an

eye

for

tooth

the

light of the Christian

era,

; I will
man

an

sayeth the Lord

repay,

stoned

was

and

eye

day

that

wish

do

unto

we

to, and

principle. We

no

should

we

others

have

done

living

under

we

we

the

gather

tnay

are
as

in

Xow,

day of the week.

Christian
dispensation,

for

death

to

seventh

violated

love, and

was

would

have

us.

glad
our

who

if Mr.

dear

old

commit

gets his bill through

McKinney

quit murdering
first degree murder,
repent

state

will

her

Tenn.

"

91

"

the

Humphreys.

islat
Leg-

citizens,

all the

days.
J. C.

Bells.

which,

early life that

deliberately and

to

is mine

Jewish

have

let those
their

for

my
if I did

living

the Lord's

on

unto

I shall be

and

the

and

law

them

Moses

in

mind

u])

right

splendor of the

harm

made

the

are

we

sticks

all the brush

no

of

the law

to

me

ness
dark-

or

kill."

not

"vengeance

Under

picking
noonday

of

law

the

God

and

sunshine,

or

citizens.

tooth."

have

not

this life, the obedience

pointed

she

wrong,
and
also

law

into

enter

beinij instructed

knee,

brinj^s lii(ht,joy and

her

kill under

mother's

my

path,

our

"Thou

says

at

principlesthat

disobedience
and

child

rest

COPY

OF

THE

ADDRESS

House
and
of Representati
of the Senate
nessee
Assembly
of Tenof the Fifty-eighth General

Honorable

the

To

BOWERS.

C.

D.

BY

ON.

VOTED

WAS

PUNISHMENT

OF

CAPITAL

ABOLISH

TO

BILL

THE

DAY

HOUSE

THE

MORNING

THE

REPRESENTATRES

OF

TO

I DELIVERED

CIRCULAR

Members

In

today is placed the Hfe

of capital offenses
accused

your

unfortunates
If you

the

and

jury

have
An

those
A

it

because

men

of

Gentlemen,

getting
If

law.

the

was

this

made

laws

the

the

would

there

state,

the

in

believes

who

by

afford

to

going

to

of

merciful

be

to

and

your
because
done

was

be

some

any

of

shown

mercy

us

us.

are
guilty
only those who
God
been
Almighty has
guilty of.
sins, yet it is to be hoped that He

merciful

be
have

things we
guilty of any

same

been

was

of

mighty little chance

the only route.

will have

get there, there

cannot

be

if merit

heaven

to

we

We

is

to

while
he was
men
hang two
capital punishment, yet he hanged
to

with.

away

not

books, the judge,

their
sacred
oaths,

gentlemen
you
that
he
capital offenses
prosecutes
that
wishes
the death
he
penalty

all

predecessors, says
it is his duty, but

of

statute

they keep

attorney-general of

present

enforcement

if

had

he

me

opposed

was

the

on

state.

edicts.

your

told

ex-sheriff

in office ; that he

penalty

executioner,

the

follow

to

got

death

the

keep

this

in

future

of the

death

and

hands

our

unto

to

us.
.

Our

sins

Don't

are

you

as

horrible

believe

as

to

Him

the

others

spare

we

as

criminal's
He

will

to

are

spare

us.

us?

Bill your
most
ful
caregive this Anti-Capital Punishment
afford
take the
to
consideration, and ask yourself if you can
the taking of
responsibilityof voting to retain a law that means
l^lease

human
You

you

life.
don't

want

the

of

stain

human

blood

on

your

hands,

Most

respectfully,
Duke

"

92

"

C.

Bowers.

do

PENALTY

By

afternoon

56

of

vote

OF

defeat

bill in

as

of

the

Gilbert

rejected the
and

the

STANDS.

36 the House

to

in Tennessee,

DEATH

tabled
the

Representatives yesterday
abolish
the
death
penalt"

bill to

motion

of

House

reconsider

to

their

that

doubt,

beyond

means,

action.

The
so

far

the death
Legislature is concerned
main
penalty will rein force, in spite of the vigorous light waged
against it by

present

Duke

C. Bowers
The

decision

of

and

morning,

vote

the

the

longest

noon
after-

and

morning

bate
de-

House.

taken

was

after

reached

was

extending through both

of the

bill

The

House

the

of the session,
sessions

others.

and

as

up

not

was

at
1 1 o'clock
special order
until nearly 4 o'clock
taken

in

the

in

the

afternoon.
Mr.
been

in

Gilbert,
the

on

Mr.

adoption

in Tennessee

increase

Raulston

the

moving

declared

of

of

because

the

that

bill,said

the

lack

of

advocates

of

the

crime

had

law

ment.
enforce-

bill

ap])eale(l

for

for the criminals.

sympathy
Dr. Boyer, who
sheriff of Cocke
and
as
County hung two men,
the only two
men
ever
legally hung in that county, spoke for the
abolition
of capital punishment.
of
hundred
like
"Those
out
two
men
ninety-nine
were,
every
I am
is why
without
That
and
opposed to
men,
poor
money.
is not
the law
enforced, as it stands, equally
capital punishment
law
the
enforcement
of
if
there
classes
alike,
all
was
equal
upon
"

I would

it.

support

is

There

the

for

law

rich

and

for

one

the

poor."
Mr.

Winchester

Mr.

Stone,

argument
the

in

that

showing

the

afternoon

Mr.
the law

argument.
from

also

session

subject.
cited

is known

to

have

no

Pie

reason

that

the

the

the

of

discussion

the

that

fact

it

was

His

attacked

statistics

the
been

bill

hanged

rapists.

93

"

to

Mr.
of

was

sumed.
re-

followed

was

difficult

abolishing it. He attacked

especially along the line

"

bill.

He

for

argued

measure.

years.

argued against the bill, and

against the bill.

declared

Todd
was

three

for

argument

practice,and

man

each

progressive

Mullens

Todd,

by Mr.

the

innocent

States

Mr.

of

support

one

United

At

the

Lincoln, closed

as

general, covering the entire

was

theories

in the

of

bill

spoke for the

enforce
Stone's

protection

declaring

j\Ir. Wilson,

prejudice

passion and

and

Mr.

that

Todd

nothing

had

been

appealing

=i

Mr.

of

the

else, strongly supported

bill.

Spears made
that sympathy

to

clar
appeal against the bill. He dethe criminal
was
obscuring the interests

powerful

for

the state.
Mr.

Rickman

against the bill, declaring

add
with the gallows would

spoke

Doing

away

for

law

forceme
en-

ten-fold

to

crime, he said.
The

previous question

The

bill

defeated

was

called

was

56

"

to

36.

for
A

and

carried.

motion

to

reconsider

was

tabled.
detailed

The

vote

tlie i)ill follows

on

Childs.
Royer, Byroni, Chamlee,
bert,
GilCollier, of Sumner,
Fox.
Dannel.
Fleeman,
Dorsey, Emert,
Hill, Kirkpatrick,LeFever, Link, Love, Malone, McCormick,

Aye

Abernathy,

"

Bejach.

of
^filler,

IMcFarland,

Mitchell,

Lauderdale,

O'Brien,

Park,

Royston, Shaw.
Stephenson, Stone, of Lincoln,
W^illiamson,
Winchester.
Weldon,
Taylor, of Jefferson. Walker,
Total, 36.
Parkes,

No

Pierce.

Acree,

Babb, Barnett,
Albright, Argo, Ausmus.
Bryant,
Bullard,
Collier, of Humphreys,
Cochran,
Campbell, Cardwell,
Cox, Creswell,
Fisher,
Drane,
Duncan,
Dunn,
Davis, Denton,
Hunt,
Fuller, Gallagher, Green,
Harpole, Henderson,
Hughes,
Matthews,
Johnson, of Madison,
Johnson, of Shelby, Long,
Alayes, Miller, of Marshall, Moore, Morris, Mullens, Murphy,
Myers, Nichols, Ouenichet, Raulston,
Rickman,
Riggins. Roberts,
Robinson, Scott, Schmittou, Smith, Spears, Taylor, of Madison,
Total, 56.
Testerman,
Todd, West, Wilson, Stanton.
Thompson,
"

"

Nashville

Tenncssean

KILLING
The

Duke

Bower's

American.

and

OF

\.\\\

UPON.

FROWNED

bill, which

faithfully and so
hard
for was
killed in the House
Wednesday,
by a vote of 56 to
is not
36, showing conclusively that Tennessee
ready to join the
Senate
The
progressive states of the union.
Judiciary Committee
the rejection of the bill in the Senate.
flies
Thus
recommended
the hopes of good
and
who
worked
true
indefatigably for
men,
the abolition
of
in Tennessee.
Editoral,
capital punishment
he

worked

so

"

Mar

tin Mail.

"

94

"

do

society can
is the

where

double

wife

that

man

is
in

guilty in all."
judgment and

is

thou

art

Surely
I

that

such

How

man

first

the

cast

"Let
"Love

bringing
possibly

which

worketh

is

stone

to

beyond

to

who

thank

sit

derstan
un-

my

destroy

"God,

feel

to

is able

and

save

point, he

one

he

something

is able

ever
whoso-

Thee

men."

other

as

him

not

in

"for

in

feel that

can

enlightened

too

are

not'

am

hence

and

knows

yet offend

law, and

whole

one

you

sister

Testament

New

lawgiver, who
that judgest another?"

"There

one

wounds,

brothers,

parents,

the

reads

keep the

shall

hijured

the

of the offender?

children

Any

the

on

of

making^ other

in

sense

common

disgrace

and

wounds

the

heal

can

eateth
ill to

not

him

judge

not,

eateth."

that

neighbor, therefore

his

is the

love

fulfillingof the law."

"If

"He
he

love

we

that

loveth

God

love
To

my

ye

also

his

not

whom
mind

God

another

one

he

hath

in us."

dwelleth

brother

whom

has

he

how

seen,

can

seen?"

not

following scripture sums

up nearly the whole
of Christianity, and
is no
there
capital punishment taught in it.
Read
that men
should
do to you,
carefully. "And
as
ye would
do

the

likewise.

them

to

For

if ye
also

what

thank

And

if ye

have

the
ye? for sinners also do even
of whom
ye hope to receive, what

them

also

have
do

lend

enemies

your
and

ye? for sinners

which
good to them

to

and

reward

your

Highest

sinners,

for

do

shall

He

is kind

ye therefore
and
shall
ye

merciful,

condemned

forgive

be

given

unto

and

with
to

the

you

If I

not

be

you

as

and

those

good

the

your

Father

shall

be

ye

love

if ye

have

you,

them.
thank

what

you,

thank

lend

ye? for

to

ners
sin-

much

shall

ye

is also

mete

and

forgiven

down,
unto

withal

Judge
shall

ye

Give

of
evil.

the

to

merciful.

not,

give

men

children

be

and

pressed

measure,

that

that

And

same.

condenm

shall

to

unthankful

unto

ye

over,

measure

as

and

great,

judged;
good

running

same

be

love

love

again. But love ye

lend, hoping for nothing again ;

and

good,

them

do

receive

to

which

love

it and

it shall

bosom.
be

Be

not,
be

it shall

shaken

and

your

not

the

gethe
to-

For

measured

again."
am

wrong

in my

fight to abolish

"

96

"

the

death

penalty, then

it is wronc;

then

is wronj^,
If

the

myself
differently, but
I

death

the

me

upon
to

stop

light

1 fail.

others,

then

I try

weak;

worse

of

sin

to

be

Hence

"I

bound

not

am

to

bound

win.

to

but

succeed,

the
to

am

it kxjks

only hope

Therefore

men.

my

abusive
the

but

and

bound

trying

fight

to

to

live

to

up

Dresden.

Tcnn.,

28.

February

"

i)!

C.

to

heajK-d
going
be

true.

to

what

T have."
Di'Ki-:

the

al)olish

is not
bound

ihiui,

like

language

am

life

life eternal

for

measure

this

see

unfortunate

helpino" the

misguided

I could

^i"o(\.but

my

criniiii:ir"

the

save

maybe

and
penalty is not ended,
of the opponents
by some

me.

not

am

am

for

lives

the

.save

It my
fiijht to
love is wrous^.

without

doino; good

is

of

law

was

I try the

harder

merciful.

be

to

IJowi'.Ks.