The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-08-03
THE DOOM OF JOHN REAL.
Interfere III Behalf Of the Condemned
The Law Must Be indicated

Tho following is the letter from Governor Hon.
man TO Judge stuart, giving his reason Tor refusing
to interfere between John Real anu the execu.
TONER
NEWPORT, n. l., Monday Morning,l
August |, 1870.
NY DEAR su--since the nearing In Albany on
Tuesday last have given much reflection to the
have carefully re-examined the evidence TAKEN
at the trial, anu also all the afdayIts and other
papers which yon submitted TO me Oh saturday
morning.
| cannot consistently with my sense Of duty com
mute the sentence. The case upon the evidence IL n
very plain one smcdick was policeman. On tho
evening OF the sd july, 1868, while walking
through the street ON duty Real stepped up to hun
the head aud once through the body. He died IN.
stantly When orlcer Nee attempted an ares!
to seize HIM. He then attempted to escape.
When arrested almost immediately afterwards
that he had tried TO. lie made substantially the
same remark TO Police sergeant Mcconnell the same
evening at the station house ANA in the presence
also OF Anthony Y. Allaire. lie dd not claim then
what he has since claimed, that Smedisk, without
provocatlon struck at him with his club before he
shot him. lie gave no excuse. He assigned no
reason for his crime.
1t Is now claimed by the prisoner that smcdick
had for long time prosecuted and abused MN, and
had on more THAN one occasion beaten him with
policeman 9 club. In support OF thus assertion you
have filed with me several er Ddrte aiblavits
Smcdick Is dead His mouth - closed and there IL
who feels II duty TO vindicate Nun against
the charge. Assuming it 10 be true. II does not
motive for his crime and that he had reason 10 de-
sire 10 be revcnged. 1t ia not disputed that the
last occasion upon wp, en-; Is saa eacS MAJ
him; time enough, surely, for the violence I2sslon
to COOL although II seems not enough for the spstt
o. revenge 10 disappear
1t Is now also Claimed on behalf oil the prisoner
and he asserted 1t the day after the murder that
smedick came up to him on the night IA question
and struck two blows at his head with club, where
upon he shot him. The prisoner not only ala not
assert this on the night OF his arrest. bat The ev
dam an Tho frtnl .lat f4lt .s.aGfV tlfal-
You have submitted TO me two es pd,fo afidavits
bearing OH this point made since the iria. and very
recently. The circums tances under winch they
appear TO have been made. and the reasons given
why the parties who made them did not appear az
the trial. compel me to reject them as unworthy OF
credit.
You point to the recommendation OF mercy made
by the jury when they pronounced the verdict If
guilty. nave duly weighed II. cannot OF course
say what led them to make H. nor can tnd any.
thng In the evidence TO justify 1t 10 warrant
In needing Ii.
You present 10 me also petition Tor commnta-
ton Of sentence, signed by more than Ave thousand
people together with letters nom many men, for
whose opinions nave great respect. All OF winch
have been considered by me. ! am well aware now
much sympathy FOR Real now exists. The muir
dered man, sent out Of the world wiiiioni mo-
meEt's warming TO be forgotten.
There Is no one Co speak for him, while thousands
ask Tor mercy Tor the man who killed nun. A large
portion oi the press join In the demands clergy and
o1lcials merchants and bankers, help To swell the
list OF Ana yet unless hs prisoners
trial are accepted as true, he wantonIy, wcgedly,
and deliberately shot down 10 the public streets
public officer.
Those who ash for communication for him have
however, no oliciai responsibility and plead for
mercy even against the demands OF Justice On the
other maud my responsibility IL awful one. They
cannot appreciate II. realize IL solemny and fully.
iiIe OF fellow man rs In my hands
need not say TO yOu, wnOm have known FOR
many years, how gladly would heed The Cry for
mercy and spare his lie II could. Ny Judgment.
victed OF murder aud that the interests OF the cou
munity demand that he should suffer the penalty.