Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1854-08-07
Executive Clemency.

The Stanton Vindicator, of The 17th
ultimo, has an editorial headed s.Execu-
tive Clemsncy," which requires some no.
tice. We have inquired into the facts OF
the case commented on, and will state
them, for the benefit OF the Yindicator,
and that justice at least may be done to
the Governor, who can have no motive in
acting in such cases but 70 execute Justice
tempered with mercy.
The Vindicator states that sthe Rich:
mond Dispatch brings us the intelligence
that Governor Johnson has committed the
punishment Of McCauley, condemned to
death, in Rockingham county, by jury
OF his peers, for the Murder Of Lilly, 10
imprisonment in the Penitentia1y for
term OF years not mentioned. We know
nothing of the peculiar details Of this
case which have been brought to operate
on the executive. We do know, how
ever, that the murderer received fair and
impartial trial in the county where the
deed was committed, the result Of which
trial was the establishment Of his guilt
ness Of murder III first degree. What the
character o. the petition. aud the reason
therein urged to accomplish this result,
were, we are not informed"
Now,ifth fact that man has been tried
by a jury of his peers, and found guilty, is
to preclude any pardon, then the Constitu-
ton should have deprived the Governor
OF the power Of pardon, or should have
withheld from him the power to commr.,
the punishment Of death to a le- ...,.'
punishment. There is moth, TING mo. se.'.s
mon fot a jury to cor. a 800 .s com, ,
liien iol efefv man of ;nat same ;n,v - ~,
s uI,.s ID "e petition Tor the prisoners abs
'o' { pardon. They believe that the law
| required them 10 pass the sentence, but
sney equally believe that The extenuating
circumstances were such as to cry alosel
tor mercy. There is nothing inyrs esnr.
mon than for a county court 10 condemn
slave TO DEATH or even to sale and trans
portation, and in the 7ery sentence Of con.
! domination, to recommend the prisoner cy
Executlss clemeney. Such is the dispo--
sli'on OF men 10 shift the responsibility
which they ought to assu4sse, upon the
shoulders OF another. and, to- relieve tn en-.
selves from the supposed odiuas.
The csee Of George McCauley is PEI
suliar one. Fhe testimony is conflicting
not as to the billing, But as TO the circum-,
stances attending it. George Lilly was
the person killed. 1t was proved that
he had an illicit intercourse with Me-
Can.ey's sister. Tins was admitted IN all
hands. 1t was proved that the principaI
witaess against McCauley had said IN the
presence OF McCauley. that there was al.
Illicit intercourse between Lilly and Nc
Cauleys wi:e,- and the same witness had
warned Lilly Of the improperly and dan
ger OF his visits to the house Of MeCaulev
and that Lilly had SAID he was not afraid
OF MeGauley :; "he is too id coward
to shoot" WIS proved that he said
ne co,s4d de- as he pleased with Mrs.
MeGauley:' and the wisnrss. had seen
them seNr,her under very suspicious, cir
cumstances, snd that Lilly chad told him
that McCaaley WAS afraid of him. and
that tie near TO keep him so.' These
things were told to McCauley.
Thus goaded by feelings that every hui
man being with one spark. of virtuous sen.
timent must feel that every one with al.
'ota af manhood must possess, McCauley
meeting BILLY asked him about the boass
he had made; and quarrel having com.
menced, Lilly, who was larger man thar
NtcCauiey, approached the latter in H.
threatening manner and commenced kick
ing. at him McCauley retreated few
PAGES down the hill. then stabbed Lilly IN.
the breast who Instantly expired.
Another witness, whose 4. neral charse..-
ter was pronounced Infamous By respecta-
BILE witnesses, sworc. that upon M CauIey's
asking Lilly about his boast. Lilly pIo.
c'aimed.it lie, and, thereupon, McCsuI,y
stabbed him to the heart.
Now, Judge Kenny who was ,nplea,
TO for new trial, and who refused To-.
grant the application, caused his opinion 10.
be entered of record, in. which. afier sta.
ting that he refused the new trial bccaus.
ne oe'ieved the verde, Of the jury ought
10 stand, unless they either misunderstood
ME law or the evidence, and misappIied
the one or the other, and because he saw
no reason to believe that either alternative
existed IN this case, yet goes so far as to saw.
Il AN itldly aware that the prisoner had
great wrongs, either real or Imaginary, to
rouse hin to the highest degree Of excite
meht and, that he hsd Seef hunted,
sneered and scotied at. almost beyoad, hu-
man endurance that I've had 'been wound.
ed and tortured to the Utmost reccsses Of
his soul, with the bitterest and heart.
breaking anguish; and L am. hot surprised
that III this state of feeling. with his
wrongs and anguish prey ing almoss inees.
santly OH his mind, that he Determined :.
regardless and reckless of consequences to
be avenged OF the author OF his wrong
but IN doing so he did i, at the risk Of the
penalties OF the law If he had found G..
Liily III the act Of adulierous connection
with his wife, the law would have ex.
cused him if he had instantly slain the
aduiterer. II he had found him commit
ting iornieation with his sister, and he had
then slain him, believe jury would
have acquitted him Of any high degree of
guilt, But after he had heard of ali these
wrongs and after his passions had ampls
time to cool, and reason to resume her sol,
troll, he determined. without the aid or
'ntefposilion of The law to ayenre his
own wrongs and murdered Lilly, and Tor
ms the jury have found him guilty Of
murder IN the frs, degree, ough. his
court, can tins court, arrest the Judgment