Polynesian. [volume] (Honolulu [Oahu], Hawaii) 1844-1864, 1850-10-12

of the law, which doomed him to suffer death
by hanging, at such time as the Executive Of
the Commonwealth should appoint.
In few days copy Of the record of his
conviction was transmitted TO the Governor
and Council, by the Sheriff of the county o
Suffolk, according to the direction of the
Statute.
On the Oath of April, the prisoner sent by
the hand of his friend to the Governor and
Council, petition for pardon, under his own
hand, on the ground of his entire innocence
of the crime Of whsh he had been convicted
and for which he was under sentence oi
death. All proceedings on this petition be-
fore the Executive were suspended, in con-
sequence Of having received notice from the
council Of the prisoner that they were about
to make application to the Supreme Court
for a writ Of error to be issued in his case ,on
account of certain alleged irregularities
which had been discovered an the course oil
the proceedings against him. That applica-
tion was heard before the full Court, and
overruled
In the opinion of the Court upon that ap-
plication pronounced by the Chief Justice.
ed to be according to established judicial
forms and the laws of the Commonwealth.
On the-day Of and before the ques-
ton on the writ of error had been settled by
the Court, the Rev. DR.. Putnam, for the
prisoner, asked to be permitted to withdraw
the petition which had been presented to the
Governor and Council, for further consider
alton. This request was complied with by
the Governor and Council, and the petition,
in day or two was handed to DIR. Putnam.
On the first day ofJuly DR.. Putnam placed
in the hands of the Governor another petit
ton, signed by the prisoner, asking for a
commutation of his sentence.
On the second day of July this petition was
referred to the Committee on Pardons, and
on the same day DIR. Putnam appeared be-
fore them and made statement which he
said was authorised by the Prisoner, in which
the prisoner admitted that he killed Dr. Park.
man at the time and place charged against
him, but denied that the act was premeditat-
ed He narrated what the prisoner declared
to be the manner Of killing, and described
minutely the mode and process in which the
body of DR.. Parkman was disposed of after
death.
TIE prisoner alleges that the 'single blow
with stick OF wood two feet long and two
inches thick" by which DR.. Parkman was
killed, was given by him in moment when
che was excited to the highest degree of pas
sion," and s'while DR.. Parkman was speak
ing and gesticulating in the most violent and
menacing manner, thrusting the letter and
his fist in his face; that in his fury he seized
whatever thing was handiest, and that was a
stick Of wood, and dealt to him an instanta-
neous blow, with all the force that passion
could give, and that he did not know, nor
think, nor care where he should hit him, nor
how hard, nor what the effect would be-
Upon this statement, and upon the other
facts proved upon the trial, DR.. Putnam ad-
dressed the Committee at length, in an able
and impressive argument, in favor of. COM
muting the sentence Of the Court. A petit
tion from the family of the prisoner was be-
fore the Committee, and large number Of
other petitions, some for full pardon, and
others for a commutation, were in the hands
of the Committee Most of these petitions
were from people, men and women, in other
States, and generally placed their petition
for remission or mitigation Of the sentence,
on the ground Of the great doubts of the pris-
oner's guilt. The Committee gave three
hearings after the meeting at which Dr. Put
nam addressed them, and listened to those
who desired to be heard in aid of the pris-
oner's petition, and in support Of DR.. Put
mans views.
The Committee on Pardons, consisting Of
the It. Governor and four Councillors, after
full, careful and patient hearing of all that
could be offered by the friends of the prison.
h,, ,bo IL -
heard in his behalf, came to the unanimous
opinion that there were no sufficient reasons
to justify them in recommending the interpo-
sition Of executive clemency.
They recommended that the Governor be
advised to have the sentence Of the law as
pronounced by the Court carried into effect
on the 3Oth day of August next.
The Council, with but one exception, con-
Cured with the report OF the Committee land
advised the Governor to carry out the SEN
tence of the Court as recommended by them.
In carefully and anxiously examining and
considering the case,I do not feel authorized
by any considerations which have been pre-
sented to my mind 10 set aside the deliber-
ate verdict of the jury, arrest the solemn de-
cree of the law as pronounced by the highest
judicial tribunal of. the Commonw ealth, and
disregard the opinion and advice ofthe Coun-
Gil. II the circumstances Of the killing as
stated by the prisoner, are taken to be true,
it may well be qestioned, whether the Exc
cutive Council could interfere with the SEN
tence without violating the settled laws of
the land. In his charge to the Jury in this
case, the Chief Justice says, "h Is settled
rule, that no prorocation ,cih ,cords only, 'rill
justify mortal bIor Then u upon provoking
language, the party Intentionally rerenge HIM
saIf ,sih a mortal blow, Is unquest'onably
murder
The only new fact brought to light as to
the killing, depends upon the word of the
prisoner. It will hardly be pretended by any
one that the declaration Of person under
sentence of death should be permitted to out
weigh the doings Of the Court and jury. and
rescue him from the consequences which are
tn follow their nroceedings Ii is candldly