Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-03-11

\
ALL IN VAIN.
The foregoing documents were carefnII
considered by Gov. Brown, who ais
read all the evidence in the case, and affe
due elaboration, His ExcelIency hande,
to MIR. Stewart's counsel, NJ. NJ. Brien
Esq, the following reply, which, however
at the time it was written, was not intend
ed for publication:
In the matter Of Chas. NJ. Stewart Ann,i.,
| ton for pardon. fF'N"
Charles NJ. Stewart was indicted in IN,
Criminal Court of Davidson county. CHARGE
with killing his wife on the - day q
October, 1889. There have been two mis-
trials, and two convictions of murder In
the second degree. The judgment upoT
the first conviction upon review of the Su.
preme Court was reversed and the case re.
manded for new trial. A jury was again
empanelled, and he was convicted of mDr.
der in the second degree, and sentenced 10
Imprisonment at hard labor in the State
prison for period Of ten years. This iudo-
ment, during the pr cent term of the StI-
preme Court, sitting at Nashville, has been
affirmed. And now, after a struggle OF
more than four years in the courts of the
county, the prisoner ballled, both bv Infe-
rior and Superior Courts, applies for Exc
cutive clemency.
His application is based upon two propo-
sition, substantially, viz:
i. He alledges that he was insane when
he killed his wife, and is :on that account
not responsible for the act.
2. That his health is DESTROYED. by Iono
confinement, and that he cannot Survive
further Imprisonment.
A very careful and anxious examination
OF all the papers filed in this office. togetber
with the bills of exceptions filed in the
supreme Court, as well as the able end
elaborate briefs Of his counsel, very fully
satisfy the executive officer, to whom this
appeal has been mae, not only that the
jury was warranted by the proof, in the
conclusion expressed by the verdict, but
that the prisoner, has at the hands of
human and merciful men, escaped
much CT the punishment and disgrace so
justly merited by his most unnatural
crime.
The proof IS clear and positive that
THE PRISONER KILLED HIS WIFE
without the slightest proyOcation. He
drew the pistol from his pocket, after fin
ishing his cup Of coffee, and leveled it at his
Wlie, who was sitting by the stove, warm
Ing her feet, apparently unconscious of i'm
pending danger, and shot her in the eve.
She fell and expired in four or five hours
without uttering word or manifesting any
signs OF Consciousness. He dropped his
pistol and ran away. The prisoner, in his
petition, admits the killing, but declares
that he was not conscious Of what he was
doing.
The only real defense insisted upon be-
fore the jury, was insanity. That was the
only issue presented or relied upon.
That issue having been found against
him by a jury Of his own selection; that
verdict having passed the criticism of tine |
able presiding judge, who saw and |
heard all the witnesses, and hay- |
ing been approved by a Supreme |
Court justly proverbial for temperinp /
every act Of justice, with humanity and |
mercy, the Executive might well refuse The
application now before him without further
But the petition is support
I'd by the recommendation of so many
worthy and intelligent citizens Cmoyed.
by sympathy for the prisoners
declining healthy that a very careful exam
nation Of the facts has been made.
The evidences of the prisoners alleged
-@e%-A-NN az AAoN ~ " AUUAlu III Ine
eStimOny Of the witnesses. While
{ IS true, some OF the witnesses express the
'elief, that he was not of sound mind.
Ehen he shot his wife, yet, in every in
tance, they failed TO relate a state of facts.
r circumstances, juStifying such an Opin-
on. On the other hand, the facts stated.
ogether with the conduct and declarations
the prisoner, before, at the time of. and
1bsequent to the bloody tragedy, satisfied
he jury, and cannot fail of convincing any
nprejudiced mind, that the prisoner was
responsible for the act.
II IS urged that the fact that il was his
life who was killed, is an UnansWerable ar
ument against his sanity-that
SHE WAS KIND AND AFFECTfONATE.
nd the mother Of his children, that she !
al offered no proyOcation, and that when
'ber, he was a model husband. These
cts have been fully considered with their
ne weight. And unfortunately for The
isoner, 1t cannot be denied that he was
Zen cruel and unkind to his wife. Once be-
re the day inqueStiOn, he shot at herwith !
er infant in her arms, under the roof of
sr mother, whittier she had sought protee-
on from his continued cruelty. 1t was
It then supposed by any one that he was !
sane. On another occasion he struck her
severe blow, in return for her kind efforts l
lure him home when drunk on the
reefs. His imprOyidenoe and prOdigacy L
reed her to slayish drudgery to support
m and rear their children. She was GEN. p
=, atfectionate and forgiving; he has nm c
nd, untrue and cruel. With a thousand q
detrimental lessons of the influence of d
Risky upon him, be continued, at inter h
is to get drunk, and the most that can be \
ade in his defense is, that he trds infOri- "
ted trheR he killed his trife. That he a
ID what is technically termed mGnia-a- C
'tU or deiiriJm treIaeRS / cannot believe. | h
hat his mind was more affected than is e.
ual with men who are drunk. is not de- Y
OnStrated by the proof. 1t is unnecessa- o.
to say mOrei Drunkenness is no ex- +.
sc for crime. 1t is ratheran aggrayation. +
While the ill-health of the prisoner ex- b
es commiSeratiOn and sympathy, yet it Il
Ords no reason for the exercise of Exec | Il
i've clenency so as 10 save him the ignO. | OF
my Of confinement in the State Prison. ! N
S pardon now, before he is consigned to a | n
On's cell, might be a kindness TO him and =,
lteful TO his personal friends, but it might | !.
A GREAT WRONG To SOCIETY. I,
unken husbands, and drunkards gener- :.
y Of all social grades, cannot too soon be
light that they cannot shelter themselves =
IN crimes that shock every refined Sensi- -
ity behind the plea Of drunkenness. If !"
N, with full knowledge Of their weak n
S and temper, will persist in drinking TO 10
InkenneSs, let them BE- taught that they so
ii be made to feel the penalties Of the
' by every department of the Govern d
mt. Every day we are shocked with the 0'
ails of crime in the columns Of the press, We
4 it too frequently appears that drunk la
ness is either the immediate or remote la
lse. But it is believed that much harm pi
J been done by mistaken sentiment of oh
Irity and mercy towards what is termed pc
MS infirmities. di
{ is a source Of regret that l cannot find ph
istactOry evidence upon which to predi- or
e a conviction that this prisoner was in foi
e when he killed his wife. l wish | sh
Id believe that his mind did not concur no
The bloody deed. IL would retrieve so a
" of the humiliation which all must m.
when the conviction is forced upon us r,
t men can become so degraded, and so nj.
TO all shame, as 10 be guilty of such a No
cking outrage as the record in this case -,
sentS. But We must deal with facts rs :.
find them.
The prayer of the petition is, therefore, =.
lsed. JNO. &. Brown, -,
Governor. -