The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-12-21

while observation, we think, would show
1t to be quite unusual with the guilty
There are certainly questions of law i'm
DoLAN's case which ought to be passed
upon by the highest tribunal.
We think Judge DoNonuE did quite
right in granting a stay. OF course it was
unfortunate that no notice of the applicl-
ton had been served on the District At
torncy; but possibly the statute requiring
that may bc regarded rs only directory
At all events the omission has been eX-
planned as accidental; and we do not
suppose it would have made any
practical difference, or that anything
the District Attorney could have
said would have prevented Judge
DoNoHUE from doing what seems to us
TO have been his obvious duty. It is said
the District Attorney had new and addi-
tional testimony. 1t would have been
manfestly improper for the Judge to
listen to this on such motion. Although
tho evidence against DoLAN makes his
guilt probable, humuu life should not be
taken away on mere probabilities, how
ever strong, and, in our view, the fair and
full administration OF justice demands
that he should have another and more
complete trial. If he is to be hanged let
all doubt of his guilt be first dispelled, by
legal testimony given before court and
jury.
We must say that we have read the
account of Gov. TuDENs conduct, with
reference 20 the second application of
DoLAN to him, with nmazsmcnt. lie is re-
T..
decision, to his Private Secretary. The
Secretary reported adversely to its being
granted; lut how he reported is imma-
tcrial: it is The Governors reference Of the
matter to him that His Us with astoniSli-
meut. The people Of the state, in clccting
chief Magistrate, have an eye to his per-
sonal fitness aud qualifications. In view OF
the great powers iutristcd TO him they are
very careful whom they select; and the
choice is governed by tho opinion enter
tanned of the candidates individual
capability. OF all the powers con-
ferrcd upon the Governor, that Of
life and death over any OF his fellow citi-
zens convicted of a capital offence is the
greatest In the exercise of tins power he
is expected 10 employ his highest faculties.
IL l. ItNliliil' 4iftllhf lii'il Nultn hi fAll-
not ansolvr himself. aud which admits OF
no evasion. The people of the state in
trust it TO him; not - another What
ever else he may dcput TO- there il some
thing shocking m the thought " his at
tempting TO d,putila this. What, refer To
a Private Secretary, for him 10 determine
the question whether human hfe shall be
preserved or destroyed! That Is not the
exercise OF executive authority which the
people .bargaiuei for when they elected
Samuel. j. TILDEN Governor.
We assure GOV. IILDEN that we make
this criticism most unwiliugiy. We have
been pleased TO regard him as very prohI-
lly destined, anl as certainly qualified. TO
MI Il higher Office thln that in which he
has already disturu shed himself; but
viii not thoughtful pooplc begin to ask,
II Mr. TlLDEN were President, what of tn
highest prcrogli.ycs would he exercise
himself, aud what would he depuuz z
The spectacle OF too much power in the
hands Of n Private Secretary ut Washing
ton, is NOT just nc present, either edifyiug
or satisfactory.