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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, RESIDENT DENTIST. 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. £)R. STKICKLER, PHYSICIAN AND SURGEON. Office in O. Doehne's new brick block. NEWULM, MINN. Telephone Connections. 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, Resident Dentist. 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, $ Veterinary Surgeon. 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 •A.t, Xjgfw. Titles examined and perfected. Particular attention given to col lections. fgyOffice over NEW ULM, Brown Co. Bank. MINN. pRANCIS BAASEN, Also Notary Public and Justice of the Peace. Collections promptly attended to. 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 GUAGES SPOKEN. NEW ULM. MINN. Will, PF/ENDER, REAL ESTATE AND INSURANCE AGENT, MULLEN BLOCK, NEW ULM, MINN. Fire, Tornado, Hail, Life, Accident, Plate Glass & Live Stock Insurance placed in first class Companies. Real Estate 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. Grueiienfelder&Co. PLUMBERS. Are now prepared to supply lawns residences and places of business with water-works connections in first class manner. Jacob Klossner, Jr., DEALER INT ill Kinds of Farm Machinery, W ULM, BONN. DEATH PENALTY DISCUSSED. Opinions of "Well-known Judges, Lawyers and Legislators. Warden Garvin Opposed to Imprisonment for Life. Eobertson's Urgent Plea for a Change of the Law. 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 victed. 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 cy- 4 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 Robertson: 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- JaMU 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 House. HELLER ISEITEH The above parties are now prepared to make contracts for PAINTING, us- 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 FRED WILLIAMS, PROPRIETOR OF SAMPLE ROOM AND BILLIAR DHALL Fine line of wines, liquors and cigars always kept in stock. New Block, Minnesota Str., New Ulm. WIESENTHAL 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. MAT. mm CALCIMINING, PAPERING, DECORATING. 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 -$ff HELLAR. MASONS AND IGNTBACTOBS. All kinds of mason work and plaster ing done to, order, whether in city or conntry. Refeieuce, C. A. Ochs NEWMlm, Minn. Cement Work. 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 SIEBENBRUNNER, NEW ULM, *m OTTO SEITER. Keute Nagel. JOHN LUETJEN. 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. LIME! LIME! WINKEUIANN'S LIME KILN. 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. MINNj Dealer in 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. Anton1 Schwerder 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*