Should Jake Spoon have been spared?
When Augustus and Woodrow and the rest catch up with the outlaw gang Jake asks them to spare him. He said he hadn't killed anyone which was true. Although they didn't want to they hanged Jake.
There is a similar scene in The Virginian- http://www.imdb.com/title/tt0039082/?ref_=fn_al_tt_3
Sonny Tufts plays a character a lot like Jake. An excellent cowboy when he wants to work hard which is not often. A likeable rake he gets into trouble, owes money and decides to steal horses from the herd. He is caught stealing horses which was punishable by death.
The Virginian and the other drovers were faced with the grim reality of having to impose this sentence on their good friend.
I guess it wasn't practical to make exceptions in those days.