The Portland daily press., 1875-03-17
The Xagner-GcrdOn Case.

We notice that writer in the Advertiser
(G. )devotes several columns to a labored effort
TO show that Gov. Dingley has failed to do his
duty in not having Wagner and Gordon ex-
ecuted ere this. The facts, as well known to
G as to every other gentleman who has been
at Augusta during the past winter, are simp-
ly these, as we understand them: Last fal-
the council refused to commute the sentence
of Wagner by vote Of to and Immediate
ly unanimously advised that the execution of
the sentence be suspended till Jan. 10Th.
This advice Gov. Dingley followed, just as
Gov. Chamberlain did in the case of Harris.
In January the House voted to to request
the Governor and Council to postpone the
execution until the last of March, but the
Senate refused to concur on the ground that
such action would he an interference with
another department. About the same time
the new council reviewed the Gordon case
and refused to commute. As Gordon could
not possibly be executed before The last of
February, the Council desiring that both con-
victs should be executed at the same time,
advised the postponement of Wagners exe-
cution to the time fixed for Gordon's execu-
tion-the 26th of February. A week before
that time, the counsel for Wagner went to
the Governor and raised the point that the
warrant was illegal and asked for reprieve
to test the point Of illegality. The Governor,
it is understood, replied that he saw no ileg-
ality and could not repricve unless judge of
the Supreme Court should, in some form, in
innate to him that he thought the point of
sufficient Importance to justify delay. Wag-
ner's lawyer consulted some of the justices
and they said there was nothing in the point.
A few days later the counsel again went to
the Governor and raised the point that
the law was unconstitutional under which
the Governor had fixed the time. The gov
ernor replied as before that he should not
interfere even to delay the execution unless
some judge of the Supreme Court should
notify him that he considered the point of
sufficient Importance to require delay for its
examination. The next day the Governor
received note from Judge Danforth saying
that an important point had been raised by
counsel for Wagner and Gordon, ON which
he Judge d. would grant an order of a
notice for hearing, provided the Governor
and counsel would postpone the execution
for that purpose. The council at once unani-
mously advised the postponement of the ex-
ecution for four weeks, as every candid per-
son must admit was right and proper. Now
if Judge Virgin shall dismiss the application
for an injunction on the ground of being
without any foundation, then of course
Wagner and Gordon will be executed on the
26th, as the warrant now in the hand Of the
sheriff requires. II Judge Virgin shall de-
eide that there is enough in the point raised
to justify sending the case to the law court,
then of course it will be the duty of the gov
ernor and council to postpone the execution
a sufficient time to obtain final decision.
There can be no delay unless Judge Virgins
action shall make it necessary; and therefore
&C." can now devote his thunders to that
officer