The penalty for homicide in the first degree had, from the beginning of organized government in Minnesota, been death without alternative. An act of March 5, 1868, laid on the trial jury the duty of deciding whether the convicted murderer should suffer death or imprisonment for life. Governor Davis in two messages strongly denounced this leaving the penalty for murder to the caprice of juries, citing a case in which one of three convicts equally guilty was put to death, while the others received a sentence of life imprisonment. A tragical incident brought the attention of a later legislature to the matter and caused a return to traditional policy. On September 6, 1876, eight men from Missouri, armed and mounted, rode into the village of Northfield in Rice County. Two of their number entered the bank and ordered Heywood, the cashier, to deliver the money. On his refusal they shot him dead and wounded his assistant. Securing a small amount of booty, the robbers passed out to find their companions engaged in a fusillade with citizens who had found arms and chosen points of vantage. One unarmed citizen had fallen, and two of the bandits had dropped dead from their horses. The survivors rode away with all possible speed, firing at citizens who showed themselves on the streets. After a pursuit of some days, four of the bandits were surrounded in a swamp near Mankato. One was killed and three brothers named Younger were captured. Two had evaded pursuit and escaped from the state. Upon arraignment the three Youngers pleaded guilty, and, as there was no occasion for a jury, received sentences of life imprisonment. They were model prisoners. One died in 1889, another committed suicide in 1902, and the third was pardoned in 1903. * * * * *