Page:The Green Bag (1889–1914), Volume 25.pdf/58

 The Legal World nounced two weeks later, on Tuesday the 26th. John Schrank, who shot Colonel Roosevelt, was taken to the Northern Hospital for the Insane, near Oshkosh, Wis., Nov. 25, Judge Backus having committed him to that institution on Friday after a commission of alienists adjudged him insane. Schrank had not changed his demeanor since sentence was pronounced. His disease, pro nounced paranoia, and probably incur able, may result in his spending the rest of his life in the asylum. However, should he ever be pronounced sane, he will be returned to Milwaukee and tried for the attempt on Mr. Roosevelt's life. Capital 'Punishment Judge James E. Withrow sentenced a young man twenty years old to life imprisonment rather than to death in the Circuit Court at St. Louis two months ago, for the murder of a police man. The court exercised its discre tion in this manner in view of the prisoner's youth, his willingness to plead guilty, and the refusal of juries to inflict the death sentence in many similar instances. Judge Withrow after sentencing Wiggins expressed his views regarding capital punishment as fol lows : — "Prior to 1907 the laws of Missouri required the infliction of the death penalty in all cases of conviction of murder in the first degree. Under the old statute, where the jury found the defendant guilty they had nothing to do with the punishment; it was fixed by law. Five years ago the Legisla ture amended the statute, which now requires the jury to assess the punish ment at death or imprisonment in the Penitentiary for life.

49

"While capital punishment has been abolished in several of our states, and in some foreign countries, there are two sides to every important question. The terrible tragedy which was recently en acted in Cooper County, Va., would seem to furnish a strong argument in favor of the retention of the death pen alty on ou rstatute books for application in extreme cases. "In nearly all densely settled com munities are found lawless men and women, who neither fear God nor re gard man. No punishment seems to have any terror for them, except the fear of expiating their crimes on the gallows. Incarceration in a comfortable, modern penal institution for life, with the possibility of a pardon, commutation of sentence or parole in a few years by some considerate Governor or Pardon ing Board, does not seem to afford the necessary protection to human society. "In recent cases in Missouri and Illi nois where juries have assessed the death penalty, the Governors have declined to interfere. These incidents and some others that could be mentioned tend to show some change in public sentiment." In this connection, it is of interest to note that a proposed change in the law is proposed in the District of Columbia, to the end that juries may have the option of bringing in a verdict of "guilty, but without the death penalty" where the charge is murder in the first degree. The tendency of the day, however, does not seem to be in the direction of giving juries discretion in prescribing the mode of punishment. The deter mination of the terms of sentence is being recognized to belong properly to the judge or his expert advisers. Bar Associations California. — At its annual meeting in Fresno, Cal., late in November, the