The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-12-10


our reporters stated yesterday prevails at
the District Attorneys office and among
the friends of Mr.. NOE Is n belief in which
we have felt inclined to concur-though we
cannot say that we could at any time
"more than concur" in II. We have said
all along that DoLAN is probably guilty
but the question In our mind was whether
the circumstantial evidence on which he
was convicted, though very strong against
him, was not still reconcilable with the
theory that he WAS not the actual murder
OF Of Mr.. NOE.
We think Mr.. CHENEY. In his letter to
THE Sun yesterday, puts the evidence
against DoLAN rather stronger than 1t was
given on the trial. He says the handker-
chief found tied around Mr.. NoE's head
was identified beyond n doubt by the
woman who at one time lived with
DoLAN." This woman is MARY REED. The
report of her testimony rs given in the
Times is "she believed the handk erchief
shown her TO be similar to one she had
seen the prisoner carry" This is far from
Identifying II "beyoud n doubt"
SO the testimony Of the two women
about the cane was that they had seen
DoLAN have one like II. II is not likely
that either the handkerchief or the cane
was the only one OF the kind In the world,
or Ia this city.
1t IL quite true, ms Mr.. CHENEY urges,
that DoLAN's own testimony was contra
dlcted by the testimony Of another wit
ness. But 1T does not follow because Do
Ian lied that he is necessarily a murderer
DoIANs possession of Mr.. NoE's watch, and
his selling il, soon after the murder, are
circumstances strongly against him; but
they are. nevertheless, circumstances in
themselves perfectly compatible with the
theory Of his innocence OF the crime Of
murder. II may have been intrusted TO
him to sell. rs he says il was by another
who was the real murderer.
And now. when two witnesses said to be
reputable, come forward and offer to prove
an dlibi for DoLAN, we do not see what
course there was left for Gov. TnDES but
to grant reprieve. To hang the prisoner
under such circumstances would have
smacked too much of the character Of an
Executive murder
Ii seems that Judge BARRETT certified to
the materiality OF this evidence, but added
the remark that it was opposed To DoLAN's
testimony in his own behalf This seems
TO us incousequrntial. In the first place, If
Il was opposed to what DoIAS swore 10, II
was nevertheless entitled TO belief; for
II WINS the testimony of two witnesses
against one-the oath OF two credible wit
nesses against the oath OF one of bad repu-
tation. Again, If DoLAS was intoxicated,
"a these new witnesses say he was. he
might have confused or entirely
erroneous impression a. 10 what oc-
Cured while he was in that con =
dition, and might by possibility have
given entirely erroneous testimony, believ-
ing it to be true. But, admitting that he
lied, while lying is n sin, IL is not crime 10
be punished with death at this day. Did
the learned Judge BARRETT for moment
suppose that Gov. TILpES might refuse 10
reprieve man because he had told an un-
truth, when otherwise he would reprieve
| him?
DOLAN may yot be conclusively proved
guilty; but we are glad his case is TO be
more thoroughly explored. Life once
taken cannot be restored and as long a. a
doubt Of guilt remains, to postpone nm ex-
ecution IL an imperative duty. Let DoLAN
have n new trial a patient and complete
trial, according to the strict but salutary
rnles of law, and abide its consequences.