Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-11-13
HE CONDEMNED MAN, WOODS.
Efforts 60 save Hts Life.
AN ADVERSE REPORT ON THE APPLICATION
ZOE CoMMTTATIoN OF sENTHNoE.

President Grant by Mrs. Woods and MIR. A, G..
K;ddle for commu;ation of the sentence of
death rassed upon Barney Woods for the murder
e. samuel NJ. Cheeseman. The application
took the usual course, being referred TO attor-
Isy General Williams, and by him to 3 udge
Fisher, District Attorney. The result was an
uHfavOIsble report. The following are the
papers in the Gaze:
MRS. WOODS APPRAL.
70 tie PTcSjdeE. Of he JHifsi .St1tss-Sir:
! am the unhappy wife OF Barney Woods. now
awaiting execution under sentence of death in
tbs District | am the mother of four small
recent triaI. heard the verdict against him,
awaited and hoped until the motion for a new
trial was denied and now as soon As l recovered
from the blow bring the case TO the executive
and earns silly implore that my husbands pun
isl rnent may be committed to imprisonment.
My husband by nature is a kind, just and true
hearted man, and when himself never injured a
living thing. He has been for some years sub
jeCt to fits which latterly have been aggravated
by HE unfortunate habits of drink, and often
while under the influence of liquor would for
considerable periods be beside himself.
ON the evening OF the homicide he had been
much excited With drink and at six or seven
O'Clock had one OF his fits or spasms, tor which
gave him his usual remedy, ard while giving it
ne caught the spoon between his teeth and had
to wrench them apart. The TT left him in a
very Incohereut state of mind aggravated BY
continued drink.
was with him when the fatal shot was fred.
We were in the upper part of oar house, aud he
had been much excited by the words which
passed between him and the colOred man about
Cheeseman's horse, and my recollection of what
n en- passed was widely different from hat
sN to 10y the cOlored mar on the trial.
My husband renamed IN the house after the
cClortd man left until the approach OF the
Chees. n, ans, and had his gun near him,
usual IN the night season. Upon their approach
they called out in angry and excited voices, so
much 80 that l was alarmed, and my husband
seemed to suppose that they were rough char
acters, unknown to him, and appro aching for
bad purposes, and he Immediately fired his gun
of with the muzzle out of the window. had
Er4Cx "a Arar Off, e..
sons struggling about, and had no idea that he
fired az or had injured any person, nor did
know until afterwards that he had. After the
party withdrew my husbands excitement in
creased, and he seemed TO labor under an i'm
preston that the premises would be robbed,
and he went out and over to the stable, and in
among the horses, apparently beside himself.
/ followed him and tried to induce him to re-
turn and go to bed but had no control over
him. was present when the lieutenant came
TO arrest him. The approach Of the lieutenant,
who was well-knOwn and friendly, greatly ex-
cited him, and he again discharged his gun in
the same manner as before.
believe that my husband was wholly una
ware of what he did on that night, and from
repeated conversations with him since l am
certain that he has no recollections OF what &C.
CURED.
L do not ask that he should escape punish
ment, but believe before God that he is not
guilty of Intentional killing.
ON the trial l could not be heard as a wit
ness for nv husband, and make this statement
under the soemnties OF an oath.
Respectfully submitted.
fSgned.l MARY WOODS.
TINS statement was sworn to on the 9th inst,
before T.. n. Thomas, notary public and Mr..
Riddle adds: Mrs. Woods Inst husband served
in the war, and she devoted herself tor most OF
the time 20 the care of our soldiers in the hos
pitfalls and in aiding loyal refugees"
Mr.; A. G. Riddle, the senior counsel for
Woods, submitted the following statement:
MR.. RIDDLES STATEMENT.
To the president # the United St1tss-Sir: I
was the leading counsel in the case of Barney
al is fri in fpft
petition OF his wife, beg leave 10 submit the
following:
The case was tried under great disadvantage
to The defendant. great number OF homicides
had been committed recently, and his was one
OF seven or eight cases coming on for trial, and
in addition TO the necessary and excusable alarm
in the public mind, there was q strong prejudice
bearing against him individually. The case was
set tor til al day too short for reasonable prep
aration, and after every effort to secure three
additional days was forced to commence the
trial. The government claimed that 1t would
prove that Woods had malice towards the de-
ceased tor an impending dismissal from his
place. and that in the after noon OF the fatal day
he made threats against the deceased-ne ither
OF which was sustained by the proof. Woods
was excited during the afternoon, but Clearly
not towards Cheeseman; and it appeared by
leading witness for the government, who talked
the matter over with Woods, that he became
pacihed before he left.
The government claimed in effect that Wood
armed himself and laid in wait for Cheeseman.
yerythIng in the case cOntradicts this. He was
night watch In a dangerous locality, and :
usual, armed with the gun for the purpose,
appeared from the governments witnesses. He
It Inained al the time in his own house, and
fired from his own window, and could not have
anticipated that Cheeseman would have come
near him that night. The government relied on
the carelessness Of the shooting, also in proof
mahce. The very careiessness should have led
cautious mind to doubt the existence OF malice
Without any doubt whatever IN my mind the
defendant On the evening of the homicide was
IN condition that precluded his forming and
n y a 6alihRrzrea nnr ha iAan,
as 10 his later years was that he occasionally
had had periods OF intoXication, and il was said
that his reputation was that, while under such
influence, he was by many regarded danger
Gus, while in the main his reputation was sooi.
And j refer TO the reported evidence of DR..
Nichols on the point OF reputation.
We made proof that a few years ago while
intoxicated, he enlisted and absent for q
week or ten days, and that when his wife pro.
cured his discharge he was and is wholly obliv-
ious of having enlisted or OF being at the bar
racks.
1t was made to appear that Woods had bad
iii about the middle Of the July preceding the
shooting. which was on the 18th of August last.
That be drank freely on the eveRing-proyed by
the young daughter. That he acted strangely
and ineoherently during the evening just be-
fore the shooting, and that afterwards the Off
GERS found him out among the horses acting
strangely; and that upon the approach OF the
otfcers-well known and frienily to him-he
again discharged his gun. From ali this, it is
apparent that the man was era ned, and wholly
Inexperienced his surroundings and the
actual conCtlon OF things.
1t was in proof that 1t was not unusual for
him 10 discharge his gun in the night about the
premises and on this night he evidently labOred
under the impression that he was surrounded
by dangerou~ persons and discharged his gun
to alarm them-a condition OF mind and OF sur.
roundiDgs that makes one shrink at the idea OF
putting him to death.
AK attention also to the motion for a new
trial, and the action OF the court upon il. The
court below having excluded, on the hearing OF
that motion, the counter stidayits OF the gov
eminent, should have granted the motion. On
appeal II was error for the supreme court ID
permit the government TO use the afiiayits ex.
Guided below. The effect was TO prevent the
defendant from sustaining his witnesses by the
evidence OF witnesses, As the District ATTORNEY
admitted that he could have done. We had sub
rOnaed about q dozen in the court below to
sustain them, If the court permitted their i'm
peach neHt, &c.
i submit an affidavit, also, showing that
another juror was incompetent; the knowleiys
OF which did not reach me until after nv m1tiou
was oyerruled aud judgment rendered.
90 not Ask the Executive and ATTORNEY Gen
eral TO retry this case, and assume TO know more
OF IT than did the court and jury who tried it. /
only AK that the case, with other matters, shall
De reviewed for the purpose OF determining