Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-08-11
Reasons for Real's Execution.
LETTER FROM GOVERNOR HOFFMAN.

LETTER FROM GOVERNOR HOFFMAN.
The following is the letter from Gov
ernor Hoffman to Judge Stuart, giving
his reason for refusing to interfere be-
tween John Real and the executioner:-
NEWPORT, r. [ Monday Morning, !
August 1, 1870.
MY DEAR SIR,-Since the hearing in
Albany on Tuesday last have given much
reflection to the case of Real.
I have carefully re-examined the evil
denoe taken at the trial, and also all the
affidavits and other papers which you
submitted to me on Saturday morning.
cannot consistently with my sense of
duty commute the sentence. The case
upon the evidence is very plain one.
Smedick was policeman. On the even
ing of the 23d July, 1868, while walking
through the street, Real stepped up to
him and with a revolver shot him twice,
once through the head and once thI ough
the body. He died instantly. When
officer Nee attempted an arrest, Real
threatened to shoot him. Nee tried to
seize him. He then attempted to escape.
When arrested almost Immediately after
ward, he said he had shot Smedick, or, if
he had not, that lao had tried to. He
made substantially the Isarna remark to
Police Sergeant Mcconnell the same o~a--
ing at the station house and in the pres
ence also of Anthony Il. Allaire. He did
not claim then what he has since claimed,
that Smedick, without provocation, struck
at him with his club before he shot him.
He gave no excuse. He assigned no rea-
son for his crime.
1t is now claimed by the prisoner that
| Smedick had for a long time prosecuted
and abused him, and had on more than
one occasion beaten him with police
mans club. In support of this assertion
you have fled with me several &c pGrte
affidavits. Smedick is dead. His mouth
| is closed, and there is no one who feels it
duty to vindicate him against the charge.
Assuming it to be true, it does not justify
or excuse the prisoner. 1t shows, howev-
er, motive for his crime, and that he had
reason to desire to be revenged. 1t Is not
disputed that the last occasion upon which
it is said Smedick maltreated Real was
about three weeks before Real shot him
time enough, surely, for the violence of
passion to cool, although it seems not
enough for the spirit of revenge to disap-
pear.
1t is now also claimed on behalf of the
prisoner, and he asserted it the day after
the murder, that Smedick came up to
him on the night in question and struck
two blows at his head with club, where
upon he shot him. The prisoner not only
did not assert this on the night of his ar
rest, but the evidence on the trial plainly
contradicts it,
You have su omitted to me two er pQrte
attidaVits bearing on this point, made
since the trial and very recently. The
circumstances under which they appear
to have been made, and the reasons given
why the parties who made thom did not
appear at the trial, compel me to reject
them as unworthy of credit
You point to the recommendation of
mercy, made by the jury when they pro
nounced the verdict CT guilty. l have
duly weighed it. / cannot of course say
what led them to make 1t, nor can I find
any ytnl.1a.is. d. .au5sp.2s t9 lustliY II OF
You present to me also a petition for
Communication of sentence, signed by more
than five thousand people, together with
letters from many men, for whose opin-
ions I have great respect. All of which
have been considered by me. am we'll
aware how much sympathy for Real now
exists. The murdered man, sent out of
the world without a moments warning,
seems to be forgotten.
There is no one to speak for him, while
thousands ask for mercy for the man who
killed him. A large portion of the press
join III the demand; clergy and officials,
merchants and bankers, help to swell the
list of petitioners. And yet, unless the
prisoners own statements against every
reliable witness on the trial are accepted |
as true, he wantonly, wickedly and delib.
erately shot down in the public streets
public officer.
Those who ask for communication for hin
have, however, no official responsibility,
and can plead for mercy even against the
demands of Justice. On the other hand
my responsibility is an awful one. The!
cannot appreciate it. [ realize it SOL
emnly and fully. A life of fellow man
is in my hands.
I need not say to you, whom l have
known for so many years, how gladly L
would heed the cry for mercy and spare
his life if [ could. My judgment, how
ever, tells me that the prisoner was justly
convicted of murder and that the inter.
ests of the community demand that he
should suffer the penalty.
The case presents clear and distinct
issue between law and lawlessness. The
law must be vindicated.
Tell Real, therefore, that he must die
on the day appointed for his execution.
Very truly, yours,
JOHN T. HOFFMAN.
Hon. SYDNEY II. STUART