Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1874-03-26
Drunkenness no Pallia-
ton.
Governor Brown Declares it no
Excuse Cor Crime, but an Ag-
graVatiOn.
Drunkards Cannot Shelter Them
selves from Crimes that Shock
Every Refined SenSibility
Behind the Plea of In
tOXicatiOn.

tits we'll known that imme-
diately after the Supreme Court
had affirmed the Judgment of
the court below, in the case of
Charles NJ. Stewart, sentenced
for ten years for the murder Of
his wife, he appealed to Cover
nor Brown for Executive clem-
ency. The Governor, after
thoroughly investigating the
records, wrote out the following
official paper:
March 9, 1874.
In the matter of Charles NJ. Stewards ap-
plication for parden.
Charles M Stewart was in
dicted in the Criminal Court of
Davidson County, charged with
killing his wife, on the = day
of October, 1869. There have
been two mistrials, and two con-
victions of murder in the sec
ond degree. The Judgment up
on the first conviction, upon
review of the Supreme Court,
was reversed, and the case re-
maihed for a new trial. a jury
was again empanneled, and he
was convicted Of murder in the
second degree, and sentenced
to Imprisonment at hard labor
in the State prison, for a period
of ten years. This judgment,
during the present term of the
Supreme Court, sitting at Nash
vile, has been affirmed. And
now, after a struggle of more
than four years in the Courts Of
the county, the prisoner baffled,
both by inferior and Supreme
Courts, applies for Executive
clemency.
HIS application is based upon
two propositions, substantially,
viz:
First-He alleges that he was
insane when he killed his wife,
and is, on that account, not re-
sponsible for the act.
Second-That his health is
destroyed by long confinement,
and that he cannot survive furth-
er Imprisonment.
A very careful and anxious
examination of all the papers
filed in this office, together with
the bills Of exception taken in
the Supreme Court, as well as
the able and elaborate brief Of
his counsel, very fully satisfy
the Executive officer, to whom
this appeal has been made, not
only that the jury was warran-
ted by the proof, in the conclu-
sion expressed by the verdict,
but that the prisoner, at the
hands of humane and merciful
men, has escaped much of the
punishment and disgrace so just
ly merited by his most mnatu-
raj crime.
The proof is clear and posi-
tive that the prisoner killed his
wife, without the slightest pro
vocation. He drew the pistol
from his pocket, after finishing
his cup Of coffee, and leveled it
at his wife, who was sitting by
the stove warming her feet, ap-
parently unconscious OF impend-
ing danger, and shot her in the
eve. She fell, and expired in
four or five hours, without ut
tering a word or manifesting any
signs Of consciousness. He
dropped his pistol and ran away.
The prisoner in his petition, adj
mits the killing, but declares
that he was not conscious of
what he was doing.
The only real defense insis-
ted upon before the jury was
insanity. That was the only is
sue presented or relied upon.
That issue having been found
against him by a jury ofhis own
selection-that verdict having
passed the criticism Of the pre-
siding Judge, who saw and
heard all the witnesses, and
having been approved by a Su-
preme Court, justly. proverbial
for temporizing every act of
Justice with humanity and mer-
cy, the Executive might we'll re-
fuse the application now before
him without further examina-
ton. But the petition is sup
ported by the recommendations
of Sc many worthy and intelli-