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VOLUME XIV. NO. 43.
PUBLISHED EVERY WEDNESDAY
BRANDT & WEDDENDORF.
OFFICE OVER CITY DRUG STORE.
TERMS $1.50 per year advance.
£)R. A. MARDEN,
Office, Corner Minnesota and 1st N. Street.
E W ULM^ MINN.
Teeth extracted without pain by the use of
eltalized air or nitrons oxide gas.
PHYSICIAN AND SURGEON.
Office in O. Doehne's new brick block.
J)R. L. A. FRITSCHE,
PHYSICIAN AND SURGEON.
Female Diseases a Specialty.
Office in W. Boesch's New Brick Block.
New Ulm, Minn.
L. G. BELL,
Office in the Meridian Block
NEW ULM, MINN.
Teeth extracted without pain by the
latest approved methods.
J)R. J. L. SCHOCH
PHYSICIAN AND SURGEON.
Calls promptly attended to night or day.
Office over Pioneer Drug Store.
NEW ULM, MINN.
J)R. C. HIRSCH,
PHYSICIAN AND SURGEON.
Office over Otsen's Drugstore.
When in town, caa bo found at office
at all hours.
NEW ULM, MINN
J)R. A. KOEH!NL,
Having treated sick animals for years
I can conscientiously recommend my
self to all who need the services of a
competent Veterinary. Orders may be
left at the Pioneer Drug Store.
NEW ULM, MINN.
JOS. A. ECKSTEIN,
Sttofney & Cfour^eloi
Titles examined and perfected.
Particular attention given to col
Brown Co. Bank.
Also Notary Public and Justice of the
Peace. Collections promptly attended
JB&- Office over Klossner's store.
NEW ULM, MINN.
JOHN LIND. C. A. HAGBERQ
LIND & HAGBERG,
Attorneys andCounselors atLaw,
Attend to Suits in all the State and
U. S. Courts.
Special Attention Paid to Collections.
GERMAN AND SCANDINAVIAN LAN
NEW ULM. MINN.
REAL ESTATE AND
MULLEN BLOCK, NEW ULM, MINN.
Fire, Tornado, Hail, Life, Accident,
Plate Glass & Live Stock Insurance
placed in first class Companies.
BOUGHT AND SOLD
Loans negotiated on farm property.
Passage Tickets sold on best Steamship
Lines to and from Europe,
DOCUMENTS OF ALL .KINDS EXECUTED A ACKNOWLEDGED.
Are now prepared to supply lawns
residences and places of business with
water-works connections in first class
Jacob Klossner, Jr.,
ill Kinds of Farm Machinery,
W ULM, BONN.
DEATH PENALTY DISCUSSED.
Opinions of "Well-known Judges, Lawyers
Warden Garvin Opposed to Imprisonment
Eobertson's Urgent Plea for a Change of
C. D. O'Brien, St. Paul: I always
have been and still am in favor of capi
tal punishment for the crime of murder
in the first degree. There is, to my
mind, no other means by which ade
quate restraint or punishment can be
given for that class of criminals who
commit the crime of murder in the first
degree by lying in wait, poisoning or
other means which show the deliberate,
preconceived intention to deprive their
victim of his or her life. Persons who
are so constituted as to be able to make
up their mind to the deliberate taking
of human life have forfeited their right
to live in the community and are of no
farther service. They are human tig
ers, and,while perhaps the fear of death
does not operate as a restraint upon
such an individual at all times, there
certainly is no other restraint to be
placed upon them, aDd their execution
deprives them of further opportunities
of mischief. Under the statutory de
finition of the degrees of murder there
is Jittle.if any,danger that any person
will ever be subjected to the full penalty
of the law unless the circumstances of
oftense aro such as to make it entirely
proper. In my judgment the law as it
stands should not be changed.
Attorney General Moses E. Clapp:
Your favor of the 15th inst. at hand.
You ask for an expression of my views
in regard to the death penaltv. For
years I have believed that the infliction
of the death penalty has a demoralizing
effect upon the public. While of course
it puts the party executed beyond the
power to commit crime, yet I do not
think it acts upon others as a reprt-ssive
measure, but on the other hand degrades
and demoralizes thought and sentiment
in directly developing a criminal in
stinct, and in the end does society more
harm than good. believe the history
of crime in this state will bear out this
position. It is doubtful if there is a
state in the union where convictions are
more generally secured,and.while some
cases have been commuted to iife im
prisonment, there have been executions
enough to demonstrate that the law is
reasonably certain in its administration.
Yet murders are far too frequent, ev«n
taking into account all the conditions
which surround us. In some cases
murders have been committed before
an execution has ceased to be town talk.
The fact is murder is not committed in
contemplation of the punishment. It is
needless to add that I have been op
posed to the death penalty.
Albert Garvin, warden of the state's
prison: Your favor of the 15th is at
hand and noted, and would state brief
ly that I am in favor of capital punish
ment, and strongly opposed to life im
prisonment. While life men are usually
well behaved convicts, after long years
in prison, the hope of commutation or
pardon dies out and they gradually be
come mentally deranged. Capital pun
ishment or give the the prisoner a
chance to live out his time.
Hon. .Frank E. Searle, of St Cloud,
prominent member of last legislature
I am opposed under all circumstances
to capital punishment, I believe that
imprisonment for life better answers
the requirements of justice. In some of
the states, notably in Michigan, where
capital punishment was long ago abol
ished.it is stated on good authority that
there appears to be, if anything, a de
crease of crime, certainly they maintain
not an increase. The true object of
punishment 1 believe is not "an eye for
an eye" but for the protection of
society, and I think that society will be
as well protected and the ends of justice
more humanely served by absolute im
prisonment for life than by capital pun
ishment. Of course it is contended that
through the pardoning power the ends
of justice would often be defeated. In
that case the law should not permit the
pardoning of any one imprisoned for
life for a capital offence, except upon
new evidence given to the Governor or
to a Boards of Pardons tending to es
tablish the innocence of the party con
I am not sufficiently familiar with the
Rose case to express an opinion, but so
long as capital punishment is a feature
of ourjaw, unless satisfactory evidence
was furnished to the Governor tending
to establish his innocence I believe he
did right in refusing executive clemen
NEW ULM, BROWN COUNTY, MINN., WEDNESDAY, Oetober &k 1891.
Judge M. J. Severance, Mankato: I
believe in the right of society through
the forms of the law to inflict the death
penalty, for wilful murder, when the
proof of guilt is clear and satisfactory.
1 know of no other means "that the
innocent can employ to protect their
right to live. I think that one who wil
fully preys on human life should forfeit
his own. In 1862 thirty-eight Indians
were hung at Mankato for the murder
of citizens of New Ulm and that vicinity,
and in a humble way 1 helped to do it.
I sincerely hope that I shall not be
called upon either here or hereafter to
apologize to those lousy brutes for the
part I took in that exhibition. You say
that the hanging of Rose at Redwood a
few days since for the murder of Moses
Lufkin has created in yoar vicinity con
siderable opposition to punishment by
death. I assume that Rose was guilty,
if he was not, his lot was certainly a
hard one. It is true that the rope broke
at the execution of Rose and let him
fall on the ground. This fact seems to
have aroused for him a great deal of
sympathy, many surmising that he suf
fered more than he would had the rope
not parted. It is barely possible that
this is so, and I feel very sure that
Moses Lufkin suffered a great deal more
when Rose sent a rifle ball crashing
through his body than he would have
suffered had Rose let him entirely alone.
This is a question that ought to be an
swered correctly before longj Who is
the most entitled to sympathy,the mur
derer or the murdered?
Hon. C. H. Lineau, St. Paul: In an
swer to your circular letter asking my
views on the question of capital punish
ment I will say.that I always have been
and now am opposed to capital punish
ment and in favor of the repeal of the
present law relating thereto. I am not
opposed to that kind of punishment for
any sentimental reasons, but because of
my belief that many men, convicted
on circumstantial evidence, are not
guilty of the crimes for which the death
penalty is inflicted. I am in favor,how
ever, of curtailing the pardoning power
to the extent, that no man convicted of
murder and sentenced to the state prison
shall ever be pardoned, except his in.
nocence should be clearly proven.
Hon. Daniel Buck, Mankato: I have
been sick for several days and unable
to answer your inquiry as to my views
upon the subject of "capital punish
ment." I have always been of the opin
ion that whoever wilfully and malicious
ly and without provocation kills anoth
er person shall be punished with death.
If there is any other reasonable and safe
remedy against wilful murder I have
never found it out. To hang a man up
on circumstantial evidence or where
there may be some doubt of his guilt is
another question and I might think it
better to imprison for life. But wicked,
malicious, deliberate murder should be
punished with death, and the cry of
barbarism, that sometimes is put forth
with such earnestness against such pen"
alty, is too often but morbid sentimen
tality, 1 take no stock in the many pro
fessions of innocence upon the scaffold,
for whoever will deliberately murder,
will deliberately lie.
Rep. Allen ,T. Greer, Lake City: Am
not in favor of repealing the present
law. The "Rose case'' may be peculi
ar know nothing about it. Bat if ihere
were any circumstances in his case,
which would have warranted the Gov
ernor in commuting his sentence it
would certainly haye been done by his
excellency. I do not believe in changing
our criminal code at every session of
the legislature. It only tends to de
crease respect for our laws.
Rep. O. B. Turrell, Redwood Fails:
Your favor of 15th inst., asking my
opinion as to the zepeal of the present
law relating to capital punishment is
received. In reply I will say that I be
lieve society is better protected and the
security and good order of the state
more certain under the law which says
to the victims and criminal classes:
"Your life shall be the penalty for the
highest crime known to the law," than
by a return to a system which experi
ence has proyed is no deterrent of
crime. I am therefore opposed to the
repeal of the present law«A^
County Attorney M. C.
I am opposed to the law in question
and hence favor its abolishment by the
next legislature. The final cause and
end of human punishment for violation
of law should be understood before any
attempt is made to give a correct solu
tion of this problem, which has long
vexed the minds of men. The criminal
is not punished for the purpose of mak
ing him atone through sufferingforhis
crime, bat to deter others from offend
ing in the same way, thus affording se
curity to society. Kb person can be
rightfully punished through motives of
revenge or retaliation, The law de-unquestionably,
manding an eye for an eye, and a life
for a life, was abrogated more than
eighteen centuries ago, yet a large num
ber of the advocates of capital punish
ment still cling to that ancient rule.
How often we hear the expression, or
others of similar import, when a man is
on trial for his life, as this: "He ought
to be hung, for he deserves it." Such
a declaration is inspired by a feeling of
revenge or the belief that criminals
should be punished by way of expiation
for their infractions of the law. The
remark does not suggest the higher
thought of protection to society or se
curity to its members in their natural
rights. In the consideration of this sub
ject the question necessarily arises: Has
the state any moral right to take human
life? "To shed the blood of our fellow
creature is a matter," says Sir William
Blackstone, "that requires the greatest
deliberation and the fullest conviction
of oui own authority for life is the im
mediate gift of God to man, which nei
ther he can resign nor can it be taken
from him .unless by command or per
mission of Him who gave it." That the
death penalty may be imposed by the
state and have the sanction and approv
al of the Creator, I am very much in
clined to doubt, yet I am aware that
this question opens up a field for much
speculation and controversy. The prop
osition that such authority reposes in
the state is in direct contravention to
the teaching of the sermon on the
mount. The state has no more right to
take human life than has the individual,
and this the individual has no right to
do except upon the principle of protec
tion. The state can, 1 maintain, pro
tect itself without destroying the lives
of its subjects. The gloom of the prison
is adequate to meet all demands of
justice in the way of human punish
ment If the law could be so amend
ed as to shut out all reasonable hope of
a pardon after the sentence to life im
prisonment has been pronounced, such
punishment would, in my judgment, be
fully as effective to repress crime as the
infliction oi the death penalty. If it
subserves the ends of justice and is nec
essary to the welfare of the people to
subject the criminal to a terrible pun
ishment no less than death, why not
burn him at the stake, boil him in oil,
pull him into pieces by horses, as was
once the custom? Make the example
as impressive as possible, If the state
has the right to put a man to death, it
must have coupled with it the right to
employ the particular means it chooses,
in the absence of a prescribed mode, to
accomplish the desideratum. In either
case the act is barbarous and differs
from the others only in degrees. Admit
ting, for the sake of argument, that the
infliction of the death penalty is the
most effective means that can be em
ployed for the repression of crime, if it
is morally wrong, the law suould not be
upheld. A means may be effective and
at the same time be unjust Punish
ment for offenses that are mal a pro
hibita merely, such as shooting birds in
particular seasons of the year, would be
more effective as a prohibition, (could
this law be enforced) if it consisted in
death to the transgressor, instead of the
imposition of a small fine, though it
would be unjust and unreasonable.
While there is much conflict of .opinion
en this point, it is my conviction that
the experience of the past fails to dem
onstrate that the law of capital punish
ment is essential to the protection, the
happiness or the prosperity of any peo
ple. History, with almost one unbroken
voice,declares that the milder and more
clement the laws of a country are, the
more likely they are to be obeyed and
respected, Such a revolting and har
rowing scene as that which was wit
nessed at Redwood Falls recently has
the effect to arouse a feeling of hostility
to the law rather than to inspire respect
for it. The resolute courage and stoi
cism of the man who there met his death
elicited a kind of admiration lor him.
The criminal class doubtless note this,
and when contemplating murder and
weighing the consequences of the act
intended, if detected and brought to
trial the horrors of the gallows are in
some degree relieved in the thought
tbat by dying "game",as they term it,
they will be regarded by many as heroes
rather than criminals. The hanging of
a man is an act more in keeping with
the customs ,of the dark ages ^han of
our boasted American civilization of the
nineteenth century ^^The spectacle be
comes more repellant by having the ex
ecution done in a bungling manner, and
this often occurs. The sheriff of Red
wood county is a prudent, careful, hu
mane man and of more than ordinary
intelligence, and yet he was unable to
guard against an accident which added
horror to an abhorrent scene. The state,
has no right to hang an
innocent man, which has many times
been done, and when it is done no man
can be found that will admit of having
innocent blood on his hands. It is ex
cused on the ground that it was a mere
accident for which there is no account
ability, but it is an accident that could
be avoided by punishing criminals in a
way other than by putting them to
death. The policy of our law deems it
better that many guilty persons should
escape rather that one innocent person
should be punished. But it has been
said that if an innocent man, owing to
the infirmity in the judgment of the
court and jury, is convicted and put to
death he is a patriot and deserves to be
classed with the soldier who immolates
his life on the altar of his country. But
this is not true. No person whose life
is sacrificed, albeit for the good of his
country, for that reason deserves
the name of patriot or martyr, unless
the sacrifice is by him voluntarily made,
The man who is suspended in mid air
ior the crime of another has no volition
in the matter. He loses his life be
cause he is powerless to save it. Again
the severity of the penalty many times
causes guilty parties to escape deserved
punishment. Juries, as a rule, are slow
to convict in capital cases, especially
where the evidence is circumstantial,
however convincing the testimony may
be. Jurors appreciate their responsi.
bility in such cases and must be con
vinced of the defendants guilt almost
to demonstration before they will send
their fellow- manjto the scaftold. TDe
infliction of the death penalty causes
people to plar*e less value on human
life, and is brutalizing in its tendency.
It feeds and strenghtens the baser pas
sions and stints and dwarfs the more
ennobling qualities- of the mind. The
certainty of punishment is far more po
tential to the prevention of crime than
the severity of the same. It has been
urged in favor of capital punishment
that its abrogation in several of the
states has been succeeded by an in
crease of crime. Admitting this to be
true, still it cannot be accepted as an
indubitable argument. The increase
of crime may have been due to other
causes. The increase in population by
immigration and the varying condition
of the people as to prosperty -should
always be taken into consideration. In
periods of great financial depression the
people are more restless than in seasons
of prosperity and as a rule are then
more prone to commit crime. Minne
sota has been cited as an illustration.
When the James and Younger brothers
made their famous raid into this state
the law providing for the infliction of
the death penalty was practicnally a
dead letter. It was the circumstance of
the raid, and not an increase of crime
in the state that caused the people to
demand a change in the law. Nobody
is foolish enough to suppose the condi
tion of our laws on this subject at that
time influenced those men in the least
If they had been afraid of the death
penalty, why did they not go to Wis
consin or Iowa, where it did not then
exist? The audacious and reckless
spirit of those men would not have been
deterred from coming here if hurrying
alive had been the punishment here
prescribed by law for murder. The
fact that the experience of all time still
leaves it an open question, as it is
claimed to be, whether this law repress
es crime to a greater extent than any
other that can be adopted, is within
itself an argument against it for if we
can get along as well, if not better, by
eliminating this barbarism from our
code, let us do it. How can we expect
to reach a high plane of civilization by
deliberately fostering and perpetuating
the customs of the barbarians? I would
suggest the abolition of the law in
question take the pardoning power out
of the hands of the governor, for the
one man power is always dangerous and
subject to abuse. Instead, I would es
tablish a pardoning board comprised of
the governor and one man, not a poli
tician, selected by the supreme court,
from each judicial district in the state
with no power to pardon in any case
except upon evidence developed subse
quent to the trial. As we drift further
away from the barbarism of the past,
the stronger grows the sentiment
against this unwholesome law. And
while I recognize that public sentiment
like the waters in the bosom of a lake
which flow one way to-day and to-mor
row are moved in a different direction
by contrary winds, is subject to change
for trivial causes, yet I believe that a
majority of the people of our state in
their hoars of calmness and delibera-
WHOLE NUMBER 720
Bus And Liverv Line.
ROLVES& WIESNER, Praps,
In addition to the bus line, a fine line
of ligs for city customers will be furn
ished at reasonable rates. Busses wiL
make all trains from both hotels. Barn
is located to the rear of the Dakota
The above parties are now prepared to
make contracts for
SCHAPEKAHI BROTHERS & DO.
NEW ULM, MINN.
Contractors and Builders.
Plans and specifications furnished to
order. Having received new and im
proved machinery we are able to fur
nish all kinds of work in our line, as
Sash, Doors and Mouldings, also all
kinds of Turned and Scroll Saw Work
SAMPLE ROOM AND
Fine line of wines, liquors and cigars
always kept in stock.
New Block, Minnesota Str., New Ulm.
Wine And Beer HalL
F, MEIZKE, Proprietor,
This is one of the most popular re
sorts of its kind in the valley. Finest
drinks always kept on hand.
and all other kinds of work in their line
If you want work done neatly and in
an artistic manner do not fail to call on
MASONS AND IGNTBACTOBS.
All kinds of mason work and plaster
ing done to, order, whether in city or
conntry. Refeieuce, C. A. Ochs
The undersigned announces tbat he
is now prepared to do all kinds of ce
ment work, such as sidewalks, cellars,
cisterns etc. either by contract or by
the day. All kinds of material and es
pecially cement of the best quality
kept on hand and sold at low fio-ures
OHAS. A. MUELLEE,
CONTRACTO & BUILDER.
NEW ULM. MINN.
Plans and Specifications made to order.
Estimates on all work fdtnished and con
tracts faithfully executed.
Office on Broadway, opposite
J. VogePs lumber yard.
On Minnesota River, near New Ulm,
is fully prepared to furnish lime of
the very best qnalily in any quantity to
contractors and builders. Delivered to
any desired point either by team or rail
at liberal prices. All orders bv mail
promptly attended to.
CHOICE WINES MID
Crystal Spring, Bourbon WKiskey,
Hennessy Brandy, & Otard, Dupuy &
Co,Cognac. Imported Tarragona Ports
for private or medical use. The celo
brated S Julien Clarets and Calif or-'.
nia Reisling wines. Whiskey ranging
in price from $1.50 to $4.00 per gallon?
Pure Alcohol $3.00 per gallon.
K^JinglBIock, Ikf^New Ulm, Minn.
*ft* DEALER IN
WINES AND FINE LIQUORS.
I handle Bourbon Whiskey, Dave
Jones Brandy, Anderson Club, Cognac,
and Imported Port Wine for medicaL
use also the celebrated St. Julien Clap*
eta, Rhine and Riesling Wines and
Champagne. Whiskey ranging: ~ia
tion are opposed! to this law and favor P7*06 **°m *1*50 to $6 per gallon. My
ite eonal re™*i goods are of the very best grades and
its equal repeaL
areguaranteed as represented*