THE CONDEMNED CRIMINAL.

Otago Daily Times, Issue 1085, 12 June 1865, Page 5

THE CONDEMNED CRIMINAL.

{To the Editor of the Daily Times.)

<? ltt _An unfortunate man, Whitehead, is lying under sentence of death in the gaol of Dunedin, and I now, through your columns, address the public at large to create, if possible, an inlerest in his behalf. I do not presume to say one word against the propriety of his conviction. Neither the abfe judge who presided at hi? trial, nor the intelligent jury who were called upon to pronounce their verdict against him, could come to any other conclusion than that which they adopted. Their duty was only to interpret and apply the law as it stands. But if, in the'circumstances of the cti?e, the law in too severe, then public opinion may justly interfere and endeavor to prevent it being catried to its last extremity, even at t^ie hazard of the interference being an error on the side of int-rcy. I feel sure that the very jurymen whose painful duty it was to find the panel guilty, will not be the last to use their exertions to mitigate, in this instance, the severity of the law. Of hie years the puuishmint of death baa been reserved as a fitting doom only for those found guilty of the crime of murder, and in cases where the accused has been legally convicted of murder, but where extenuating circumstances have been present, the extreme pennlty has been often commuted to an arbitrary punishment. This is only reasonable, as how otherwise could it be possible to draw any distinction between the hardened tuffian who takes to murder and robbery as a trade, or the debased criminal who has accomplished his premeditated purpose with details of marked atrocity, acid the unfortunate man whose fatal blow, given without thought, in a moment of heedless frenzy, it can scarcely be characterised as wilful murder. It can be urged for Whitehead, that under the impression he had been robbed of his earnings he had got into a state of excitement, and irritated by the demeanour of lus comrade, whom he suspected of the theft, he seized a lethal weapon accidentally at hand, and in a (it of momentary passion slruck the blow which proved mortal. Such an act is not to be justified, but still there wa3 no set purpose, no deliberate malice aforethought, no formed intention to murder for gain; and it is scarcely possible to imagine a case within the line of murder yet more entitled to be classed as manslaughter. No sooner was the deed done than the prisoner repented of his fatal rashness; and he now mourns over it, not only as regards ita consequences to himself, but for the dire result to his unfortunate comrade.

I am strongly of opinion that this is a case where the public should make an exertion to obtain a commutation of the prisoner's sentence. I make no appeal for the sake of his wife and family, but because I consider it to be the duty of society to come forward and do what neither judge nor jury hndthe power to do—temper the severity of the law in a case where the circumstances plead a rongly for an alteration of punishment. There is an impression on the minds of many that a necessity exists at present for a deterrent example, but I hope for the sake of humanity that no life will be taken away to satisfy any m'orhid sentiments of that nature, and that we shall rather strive to save a poor man who i=i just barely within the meshes cf the law than leave him to his fate on a.'count of our undefined fears.

I trust that what I have stated will stir up some interest in the prisoner's behalf, nnd that a petition will be set on foot to His Excellency the Governor for a commutation of the sentence to penal servitude. I shall l.e glad to communicate with any gentlemen who will unite in an exertion to that effect. If we fail, we can at least appease our consciences that we have endeavored, so fur, to counteract the sad consequences of our social disregard of the iubabitunts of many of our diggings, and our effort will be a' protest against the system which ncglr-cts our miners in their highest Interests, and then punishes th.m for the pernicious fruit of our own mnfu) indifference. .1 appeal to the consciences df all who read tl)i3, whether we shall be Ik id guiltless in the sight of Eternal truth and justice "of the life of this man, if he be executed for a crime partly the growth of our defective social arrangements. If we cannot work together to amend these, let us at least do our best to prevent the death of the man being laid to our door, especially when the slaughter of his companion is to be attributed more to a sudden provoked ebullition of passion on the part of an ignorant man than to any deliberate resolve or intent to murder.

I am, &c, John Batugate The Gle;i, Caversham.