Bee BDITORIAL The Omaha . AMUSEMENTS VOL. L NO.' 85. I i THOMAS JOHNSON By GUY G. ALEXANDER. i "You, , have been found guilty by a jury of your peers of the crime of murder. Have you Anything to say before the court shall impose sentence?". The prisoner, wan and haggard looking, the ineradicable signs of the telling ordeal through which he has passed, during the course of , his trial, suddenly looks up, glances about him at the expectant faces of the crowds in the small court room and then in 4 voice almost inaudible answers, "No." "It then is the sentence of this court that you be turned over to the custody of the warden of the state penitentiary, there to be elec- cuted by a sufficient current of ctricity to cause death, between tip hours of 6 a. m. and 6 p. m. oi the day of ." Thus does the court and jury, of 12 good men and true, discharge their obligations to a common wealth which they represent .upon one who has-transgressed the laws of the state by the commission of the crime of murder. Jurors Fix Penalty. Murder, in legal diction the crime of premeditatedly and 'with malice aforethought taking human life, has since time . immemorial been regarded by an outraged pop ulace and judicial institutions of the world as the most heinous of all crimes.' Murder has at some time or other in every civilized country of the world been punish able by the imposition and inflic tion of the death penalty. - . Many there are in all climes who have in latter days railed and petitioned against this mode of punishing those responsible for the illegal taking of human life. .Many states of the United States have abolished, eath penalty and substituted the mmosition of a --VTTV I ' ( LAST WAlXfe i -3V 1 200 YARDS V V S i a 'y "T ' ' It'vfiK t . inu'it ' -.is' " "" v fill ssxv I life sentence at hard labor, within l.-Vfison confines. " "r , Jfo almost every state in the un Tfin where the death penalty is ,till in force, the jurors sitting" in itm va nan .lilt llt.IUg4UYC VI fixing the penalty either at death "or life imprisonment! ' . - In Nebraska, jurors in capital ffene tasc have thL right. Sev- fiOTTLlEB cral unsuccessful attempts have been made in this state within re-.- cent years to abolish the death penalty, but each and every at tempt has been defeated. Since the admission of Nebras'. a into the union, the death penalty al ways . has been upon the statute , books. Since the beginning of ' the .twentieth century all execu tions have been held at Lancas ter) the home of the Nebraska ; state penitentiary. Prior to the ' opening of . the present century, howf ver, executions . were held under the direction of the sheriff of the county in which the crime t was committed, but some 20 years , ago the state legislature passed a law directing the capital punish ment should be , inflicted only ( under the direction of the warden of the state penitentiary and that , all executions should be held with in the walls of that institution. " Since the. passage of that law, the state has exacted a toll of 10 lives of convicted and condemned murderers at Lancaster. Not such a large number, to be true, in 18 years.- This represents but a small number of men convicted of the crime of murder by juries in the " courts of the state during the same period, but nevertheless does show that juries in some cases still re gard the death penalty as the pun ishment best fitted for the taking of human life. Fight in Courts. With the imposition of the pen alty of death by a presiding judge of the district court, generally be gins an extended legal battle to prevent the execution- of the sen tence. Time and time again have lawyers of the condemned ' men carried their cases to the highest court of the state, on appeals, re hearings and other technicalities;' there, time and time again, , to be met with the order: "To the warden of the, Nebraska state penitentiary: You are or dered to carry out the mandate of the district court of the ' ju dicial district in the case of tiit Slate of Nebraska against " With" their last hope gone of es ' capina the exaction of the supreme BERT M. TAYLOR. fc I A. f -..-. . jm ! If U -X penaltyfor their crimes at the hands of the courts, convicted and condemned murderers, of Nebras ka have unarailingly carried their appeals to the chief executives of the s&te to secure clemency, only to be met with a firm refusal to interfere in the execution of the sentence imposed by , the courts of the state.- Last Minute Efforts. Every person executed during the last 18 years in , the Nebraska state penitentiary has clung to the hope of escaping the death penal ty until within but a few short hours of his death. The most re cent example of this was the last minute efforts made early on the morning of December 20 last year in the United States district court at Lincoln to prevent the execu tion of Alson. B. Cole. : During the, time from the inflic tion of the sentence of death by the presiding district judge until the last appeal, to the governor of the state has been ; turned down, almost without' . exception con demned murderers for murder is the only crime punishable by death in this state have remained in their cells at the penitentiary, there . to be, punished by conscience. As They. Meet It. ' " Death, that intangible some thing that means everything and : nothing. What is death? It stops the wheels of industry and halts the march of trade. It brings smiles to one and tears to another. It is ever faithful. Above all, it is infallible. It fails no one. ; To the child it means the' ab sence of loving hands and days of darkness. ' - To the youth it is the end of the trail which in N the morning sun ' stretched toward the future. To the man it is the end of con quest or the release from failure. ' To the aged it is nightfall, the "end of a summer or winter day. To the theologian is means the "" final reckoning and the reaping of banicit.- - - - - 1 i) ' ;'' OMAHA, SUNDAY MORNING, FEBRUARY 13, 1921. Invariably have shown them TO BE COMPOSED. MTU NO OUTWARD SIGN ANYONE andU MEET DEATH- - -y " A ALSON WILLIAM RHEA To the skeptic it is the grea adventure, an opportunity to - ex plore beyond the curtain. ' , -The pauper may shiver. The prince may hold the riches of the world and revel in the joys brought to him in his worldliness. but . v , . ,'..;.- , . Death comes to both,: Death the end of all? The be ginning of all, who knows? Andrew Carnegie, famous for his philanthropies, his libraries, his wealth, his influence, once pro hibited the mention of the word "death" in his presence. This mighty captain of indus try and fortune, not an atheist and not a man known for his Christianity, was able to prevent the mention of the word "death" in "his presence. - His Sensations. ' Carnegie could bar the very word death, but what of the con victed felon with the stamp of death imposed upon him," as he sits or paces the floor of his tiny cell, barred on all sides, with no future, no hope, nothing but his thoughts and his conscience? What must be the feelings, the , sensations, of the condemned .as he stands before the bar of justice, there to hear pronounced by the ' presiding judge, the words that will send him to a murderer's grave, rob' him of his future life, - the God-giyen right to life, his constitutional right to life, liberty and pursuit of happiness? No criminal, ho matter how hardened, ever occupied a iur dercr's cell in the state penitentiary at Lancaster, Avho left behind any sign or any evidence of his feel ings, experienced during those last few hours that remained of his 'mortal life. - Walk to Death. ' It is true, no condemned felon ever started the death march that did not have the comforting help arid the kindly cheer of friends he had made either, outside of,, or r Q 4 OF MALICE TO: READY TO . - r- FRANK ' 4- ALBERT PRINCE behind the prison walls. ,But to these friends he could not impart his feelings, the lashing of his con science or his hopes and fears, as he sat waiting within his cell for- that tell-tale step, that he knew meant, for him, the beginning of the end. Of the 10 men put to death, eight in the little brown shack in the southwest corner of the prison yard at Lancaster and two in the death chamber of tire new hospital building, none was so completely punished by his consciece that he was unable to walk to his death. Some there were, it is true, who faltered as the prison chaplain, the warden, guards and witnesses joined the little procession at the cell house for the last pilgrimage' that led to death and the great be yond, and FREEDOM, freedom from the confines of stone walls and iron bars. With but one ex ception, the men put to death in the Nebraska prison, had never t before served a sentence behind prison bars. To them the com mission of the crimes for which they paid with their lives was the Alpha and Omega of their crime careers. Just a Boy. William "Rhea," little more than a boy, with the pink of youth still upon his cheeks, was the first murderer to p4y for his crime with his life at the penitentiary at Lancaster. It was on -the after-, noon of July 10, 1903, that War den Beemer, Deputy .Sheriff George Stryker of. Omaha, tlieu 1 D ALLEN V. (5RAMMER, MS; 6AR,UER JO'1" HARRISON CLARK- chief executioner for the state, and a number of guards and wit nesses entered the cell of Rhea to take him to his death. Rhea, displaying much of the bravado that characterized the commission of the crime for which he was convicted, greeted his vis itors and joined them on their walk to the gallows. He walked witfl a firm, steady step until he entered the death chamber. There he nonchalantly removed a light slouch hat which he had -worn continuously in his cell. Looking about him he espied .a" guard, one who had often befriended him dur ing his incarceration in the death cell. He lightly tossed the hat to him and then walked up the steps leading to the scaffold. There he showed the first evi dence of a break in his iron com posure. As the executioner was adjusting the rope about his neck and drawing it taut, Rhea, his head covered by the black cap, pleaded with the executioner not to draw the rope too tight. Trap Sprung. No sooner had he made the re quest than the trap was sprung and his body shot downward.- He was not pronounced dead for nearly 20 minutes after. This was due. to the fact that because of his frail, slight physique, his' neck was not broken by the fall. Death was' caused by strangulation. Rhea was convicted of the mur der of Herman Zahn, a saloon keeper at . Snyder, Neb., during a holdup. His real name was Kleiu. 1 m v A mlmlm 1 - iaiiiiiis mmm ANOREW CARNEGIE - DURIN6 HIS THE rt He ran away from his home in In diana when hut 12 years of age and became a jockey. He foamed throughout the ntire country and was but 19 years of age .at the time of the commission of the crime. His father, Vho had ac cumulated enough of this world's goods to spend his declining years hi comfort," spent every dollar he had searching for . his son jafter he ran away from home, but was un able to find hira until he was occu pying a murderer's cell in the pen itentiary. ' ' ' - ' "All Ought to Be Killed." "" While awaiting trial In the coun ty jail at Fremont, Rhea had a visitor, George Howe, a sa loonkeeper of Fremont. Rhea ex pressed himself as being glad that . he had killed Zahn and ended his conversation with the remark that "every saloonkeeper should be killed." Howe retaliated by say ing he" would see his execution for that remark and, by a turn of fate, Howe was one" of the official wit nesses, along with a brother of the murdered man, at the execution. Rhea's companion in the holdup and murder, a man by the name of Gardner, was sentenced to life imprisonment. Gardner is in the penitentiary today. - The second felon to diq within the "little brown shack" at the prison was Gottlieb Neigenfind, convicted in Pierce county of mur dering his wife, from whom he was estranged, and , her brother, Al bert Breyer, a farmer residing near Pierce. The murder occurred on the afternoon of September 1, 1902. . Captured by Posse. Neigenfind had made repeated efforts, to see his small son, who had been given into the custody his divorced wife. Repeated ef forts to see his babe met with re buffs from his wife and her broth er. Finally, he shot and killed his wife and then shot and killed her brother who, attracted by the shots, had come to her rescue. He then started to flee from the scene of his crime, but encountered his wife's sister. Beating her with the butt of the revolver which he carried he finally escaped from the farm, only to be captured a day ,or so later by an armed posse of neighbors. Neigenfind himself was wounded before he finally surren dered to the members of the posse. Convicted and condemned to TEN . CENTS 02 s LIFE TIME PR0HI6ITEO MENTION OF THE WORD DEATH" IN HIS PKESENCt hang, Neigenfind was removed tohe penitentiary, while his at torneys made several futile ef forts to secure a commutation of sentence. . Neigenfind was a model prisoner during the time he was . confined in the prison and even -during the walk to the scaffold he maintained the solemn composure which had narked his every hour within the prison walls. He spent the time in the death cell in read ing and writing. At no time dur ing the march from his cell to the scaffold or upon the gallows did he make-any . statement tor show any signs of a physical collapse. He was executed September 5, 1903. ' 1 . Brutal Slaying. V Early in January in 1908, or on the 17th of that month, to be ex act, Frank Barker, ' convicted in Webster county, died up6ri the scaffold for the murder of his own brother and sister-in-law, a crime regarded by many criminal law yers and -criminologists as ' being the most brutal, in the murder an nals of the state. Barker, a young farmer boy, was convicted in 1904 of the murder of his brother, Dan, and his wife in i their farm home near Inavale. ! Barker, according to testimony ad- ' duced at his trial, was engaged to ' marry a young girl of his acquaint ance, the daughter of a farmer residing near the home of Barker and his brother. Dan, the older of the two boys, was married and through constant application to work had accumu ' lated a small competence a4 -highly improved farm on .wnicA he made his home. Barker was employed by his brother part of the time, and the remainder of the time worked for other farmers in the immediate neighborhood. On the n?ght of February 1, 1904, at about-10 o'clock he called at the home of his brother, Dan. Knock ing at the door, he attracted he attention , of, his brother and' as Dan opened the door to greet him he was slain by the discharge of a gun held by his brother, Frank. Shoots Sister-in-Law. Stepping over the dead body of his brother, Frank calmly walked into the house, made his way to an upstairs bedroom where the wife of the murdered maa was preparing to retire and without )3 - 'I if' "v. F 4-