New-York tribune., 1866-04-30
A Letter to Governor Bllleek Of
Massachusetts.

enBce 90 mistaken public opinion His execution i 'ue
mo n remarkable my day. and the least lashsoe' Fo
y ~ ere responsible. In vain after having Sha'cncu P
pIsqy om which the generous course oi Gov AhdieW 1
roofoesso had 10 substance shielded yol-in vain do you
,,.rt 20 hide yourself behind legal teohncalties and the
suthry OF courts Constitution of Massachusetts leaves
with the Governor and Council the final decision "ne
man shan be hanged. Whenever mere law Wond WORE mus
See you are charged with tie duty Of seeing 'la '''
Justice is done. ,,
In the form which this case finally took, we the elhehs
have nothing 10 DO with courts The Governor ana Conhel
banged Edward ". Green in ruer sense IMAM sns O''
Governor or Council ever hanged any other man. ~
IL IL nothing TO u.s. and defense 10 yon that INC NAo
Jpee oubbled awey the humane intent oi ~e statute %
1879 setting at noueh the usual rnes for the construction oi
statutes and ignoring wholly the practice Of states rom
e VIC borrowed the law Oar statute OF lsoo is cOpeS
from that Of States where jlry always decides Oh
she degree Of murder. We dpoe that Green is ihe S'
man barged without jury passing on this question oi degree
n any State statute resembles ours ana I us Juso
made defes the statute.
We cherish all due respect for the decisions Of our supreme
Cour ard would not lightly presume TO doubt them But
when and death in Issue, every man is held TO PLAN
sIeeel cannot but remember that the party with which
have tbe bonor associated has within twenty years. pre-
umed TO doubt more than opinions Of bench and
shat Of the Union and ell those these courts would now
be glad Of an opportunity their decisions and erase
sad from their record remember also that the time
has gone by when Chief Justoeshp was earned yegd
learning hTalnS ana tlat ls ileu 10" " Va ~
tune merely b,ca account Of his wealth. he could aord
10 take an Office whose grossly inadequate salary made eome
tent lawyers avoid II.
Pat lis mmaerial now. Your responsibility hides the
scurt You hanged Green without nstifable cause Even
e poor subtruge Of the unanimous concurrence Of your
Council is hsow petence. We onethrd Of their number
leave beCouDc Chamber long before the hearing was ended
impatient OF the investigation and unwilling to risk losing the
the last petition of man whose life hung on
TbeE judgement Their assent was mere formal concurrence
with yonr decision You you e'oHe hanged Green
Massachusetts divides murder into two degrees anu pun
shss i, with death only when in the frst desreethat IT,
when committed with deliberately pemedi'ated malice aoIe
AongbI.
sic enact that "e dre, c,uyder she'll Ie found by Tie
ir,n Such also practice Of the States from wlioh we
borrow stause With this law IN Ne" et Us s'a'e
Greens case.
You lad evidence laid before you unoontradced evidence
That Green though trusted with petty Office lod been
always incompetent TO perform us dees ana IfeG % Uu
both on lis mothers and fathers side, descended from
%mNee thoroughly tainted with insanity. Medical eS
,erts assured YOU that, though = years Old, he
sesht 70 be oisssed with boys Of Is or l6 years Of
age; thet he was Pbg'ieGIy ntal era tcay Pay, &
snd he showed such intellect as onght 10 make ma
responsible 10 the exten! Of capital punishment Da 10 n"Hs
SY elergymeD, all Of whom had seen him oe IN prison
sep,SD eoneded in ha opinion The very magistrate
fore 6st arraeotd expressed the same oeei
ycu that before they had completed COZ the . case
ssaibs him. his fellow citizens nIried on aS arrest eSms @
ee nroof since he would be sure to down end confess
he moment he charged The at his arrest con
red this view; both by their conduct in reang hm ke
Nc ttj est;monv oy yebped this Nothing irnpesched
This dwarf morals and mind set before jury 4he
s eeal a GnS met sss4 s3S sgE qf m % almost alone by the
frie1ds after Ions solitary confinement he with as de-
o. he second degree The Government accept
plea snd 1e Court suggests mat 5T he Iee ~ h H apDea
snee h weakness aud no humane and heedu Judge
woad nave allowed auy influence be used to induce bin 10
change considered purpose The scrupuOus aAc ue
action Of our bench in m best days forbade & H.
Tie formal plea q guilty IN the tst c.srse % SGi as d.
e 5d moi KIN deliberately last hour Of his life be
always affirmed that he never intended to plead gully 10 ceo
Now bow stands the case Here moral and mental
dwarf born the bed Of insanity never tGea Dy j9ry
rop,d without trial plea which be said ana Whlc he
;ae ,ow he meant TO make-a plea which eminent
swyers among them the bghest criminal authority in New;
plea which bis able and honest counsel assures us he
should have advised allowed Green to make Lao he
Such aman-no-saeh dwsrf-yoa hang History looking
bar of lawyers many whom deny hat Green Wes
legally eonyeed must creep hr99ga me speela peaG
Green was never tried by sJuy The only ta resembling
s That the first and only body which ever iayestgsted
facts Of his case and onethTd Of that zoo! Hov
Andrew 20 his sentence II is not unreasonabe to
presume the result woud have foowda formal ly
ia aud So would have been acquitted Of murder in the
Under law which holds that every reasonable doubt should
sequ the indicted party and that oay unanimous jury can
sopyct him YOU hanged a man-no boy dwafwhose case
was never presented before body Of men Which was not
liyided on the question Of bis guilt.
Sder law which holds that reasonable doubt shall soqui
the indicted party you hanged mai whose death warrant
uscistrate whom your partial sdmrer will admit s far
setter LAWYER and keeny conscientious yourself
,eiused for fifteen months 10 sign Since Green never had
aiJ tis s so Nor bly ~ had most consoentiopy and
thoroughly investigated his surey the deliberate convc'
pOn such might have weighed as ressona1e doubt
lie mind OF one not anxious TO hang fellow being
believe can Oe found IN any state OF tbls
Union where Governor has ordered TO execution one whose
Such proceeding violates IN substance
he frat rule law that reasonable doubt
Sbe party - ~. ~ a., -,
,our Won signed his would have convicted
you signed bis warrant Green would have been ac
Iped OF capital crime 4 ms You are lawyer enough 70
tuOw threequarteS OF tie criminal aWy yes OF TIE state
si tell YOU.
A dwsrf-neyer tried but 10 be scquednfuenced into
he intended mskeOne which keen lawyers con-
did make-A whom his counsel be.Ought
to spare because knowing what be does never
would have allowed Greeu to plead guiysuch one making
through all the barriers the generosity of your rede
put between and Your victim You dTag to tbs
fibbe Ifhe humane common law IL IN iorce-ii me statute
Sss alone hanged Green without legal Justification
statute enacted 10 shield Just such cases Massachu
eta never intended hang such criminals Had this been
c mans surrounded with friends furnished WIN counsel
ample time 10 investigate his case lie had never peeh con
sictcd Convicted such one wond have sess Oeen haseo
Poor and lendess be Was thrust suddenly upon counse
npepared without time 10 examine hs case and before
Court whic gordni a. II was Vi c ~ @ De
deliberate otense but surely b. heedsssness and inen
brought the execution ol the law IN hassa
there should have been thrown the nos delicate ana sciup
Of the law. Certainly III careful respect
40 purity it's ermine and the humane caution Of the law
mistaken public opinion fed on false demanded
yicm and you washed your hands IL blood 10 eonciale The
Z. seople. ,-,,,
community will learn that grave and terrible power a.
hat life death should De trusted here be
j. such that cannot sometimes escape ~ msgs
ktrais, men who " try the gbbet stepping
fo III /