The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-04-16

EXECUTIVE CHAMBER, ALBsNs, April 3, 1856.
To Hs ExCEIL ESCY THE GOVERNOR or LoUHsANA-
Robert n. Graham, . citizen Of your Sta e
vcted of msnslaughter in ths second degree at DC
ber the Court OF Oyer and Ternnsr, In 1884, in
the city Of New York. and sentenced to the state PRISON
tor eevsn years,
HIS cass is striking illustration of the effects OF an
unsound public opinion on tho bect OF nte psrancs
The hotels in cies, desg ed for the comfort eai
rational enjoyment Of raveers nevertheless
and diseased appetes. WEAK minded people seek them
fr purposes of ale show and vagrant dissipation aad
exhihiuon Of noisy and vaporirg courage aud vulgar
controversy Such persons conscious OF often being Of
ensye to athers and expecting others to % therefore
pons and always ready to become assassins
upon any ruce provocation Bravls occu. ast in pro
p0r ion prepared and armed for them in times
and places where excitabe groups assemble.
Society has hitherto seemed content with the hazards
Of baeschss of the peace in places Of public resort
TO Odme which unrestrained appetite demands. Bot
white refusing 70 preven crime by removing temptations
society neveth less vAny expects to ebtsn security
to condign punishment those who commit crime
under the iIfuelce Of intemperance.
Robert NJ sGraham. native Of Kentucky and citizen
Of Louisiana, with his wife, and Charles Loring native
Of North Carolina and citizen Of California with his
wife, were edsers At hotel in Broadway, New York; in
August 1854 The parties occupied contiguous Ms,
entirely uDAequanted with each other Loring
had In his room two canes and six barresd loaded
Colts revolver while Graham carried habtu.ly sword
In his hand. An aray occurred bet ween them At
early hour in the morning. which resulted In the death
Of Loring. Loring was unaTmed during the rencontre
whea the inmates Of the hotel awoks that morning
there we're . dead body and widow there. They
naturally filed with horror and indigns don, and for
few davs The city, and the State excited and
jury for His trial
at early day. He was acquitted OF the
charge of murder and convicted of mAnsaughtr ia ths
second degree, and was sentenced TO years i'm 3
sonment In the State prison.
verdict aud the sentence sustained by
the evidence the trial. But since the has
gone into effect testimony has bssn presented to
me, which 1t it had been produced tho trial would,
in my opinion have materially modified the verdict and
sentence This testimony has bean sorroborated and
confirmed By circumstances which are entirely concu-
sive.
prisoner morally excuAble. His crime the fruit
of drurkenness and society wisely enaca tn at drunken
shall 1t excuse crime. Nevertheless it would be
still wiser society would consent to prevent drunken
But certainly II csnnot do this BY unjust and vim
dctve punishmsnts Of the crimes which In temperance
naenders.
Doctor Graha's devoted wfs has brought to me tes.i
mopas Of his good character and amtbe conduct from
tie Senators and Representatives, of both Kentucky and
louisiana snd from the Mayor judicial officers and su
III rifles Of the city Of Ne. Orleans and from the
rious places where the Doctsr has formerly 10
sided. accompanied with earnest opportunities
hams conduct as exhibited in this case, have only
served to embarrass me, am not unmindful Of that
urtesy and comfy which should exist between the
chief executives of sister aes. II is very unusual
in this for the Governors OF different States in
corederacy, to for executive cemency behalf of
Of their fellow. citizens from the chief pstrate of
her State. Knowing, also, that opinion ppvaus
In the section of the country to which Graham belongs
that his trial and punishment ,rous &C
count Of his Southern nativity than they should have
besn, and that &c tried at time when the public
mind was grea excited and possibly prejudced, it has
incidentally aed pleasure to be able to come to
my present dsu11cn in th case.
Imay remaxk let my examination of the case and my
decision have been somewhat hastened by certiAednte
igence from theFson keepers and physicians thstthe
health Of Graham has become greatly impaired that
his punfshment must terminate In insanity Aor
death, unless relieved by executive interference The
balance Of the prisoners sentence must be remitted n,
however, mainly az sc of clemency, but because in
my judgm emit II is quite doubtful whether tho conviction
coule taken place II the evidence bef,re
had 1Uen produced on the trial.
lnve the honor to b., your Excellencys obedlent
vant, MYRON d. CLARK.