Monday, Feb. 15, 1926

Capital Punishment

The House Committee in the District of Columbia was holding hearings on a bill to abolish capital punishment in that little rectangle of land set apart for the business of governing the nation. A witness appeared to be questioned. He wore baggy clothes, was weary looking. A cigaret drooped from his mouth. But his eyes focused with keeness and understanding on the members of the committee.

One of them began the questioning:

"Mr. Darrow, how many persons have you defended who were on trial for their lives?"

"About 50."

"Have any of your clients ever received the death penalty?"

"Not yet."

Then he began to talk about capital punishment:

"We are all murderers at heart. Of course, I have never taken anybody's life, but I have often read obituary notices with considerable satisfaction. It just happens that circumstances have favored me.

"Look at the history of punishment. England used to kill a man for picking pockets. They held their executions on a high hill so all could see and feel the deterrent effect. But there were more pickpockets among the crowds surrounding the scaffold than at any other time.

"If capital punishment really prevented a crime we should execute our murderers in the public square, on high hills or on top of our skyscrapers. Everybody should be required to attend. The schools and factories and business houses should be let out, just as they are on a holiday. The children should start right by seeing what we do to those who go wrong. 'Movies' should be taken and the front pages should be covered with delicious details of the murderer's last hours.

"As a matter of fact my experience shows me that the thought of capital punishment has the effect of making the criminal wary and cautious in covering up his deed.

"Little John likes raspberry jam and he knows his mother has a jar on the top shelf of the pantry. When his mother goes out, he gets it and covers his face with it. She catches him and tells him if he does it again she'll break his neck.

"Now, what is the effect? It doesn't make him dislike raspberry jam and it doesn't make him like his mother. So when she leaves the house the next time he gets the jam, eats all he pleases and then daubs his baby sister's face with it.

"This talk about high-priced lawyers getting criminals off is the bunk."