New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-03-11
ALEXANDER NEWTON.

OAO mH xNs NOs 4
ALEXANDER NEWTON.
III. sentence COMMITTED to Penitentiary
for Life.
The Senate yesterday notified the Gov
ernor of it's concurrence in the commuta.
tion of the death sentence passed upon
Alexander Newton to imprisonment ar hard
labor for life in the State Penitentiary.
The Governors message to the Senate was
as follows:
STATE OF LouIsrANA,)
Executive Department.. }
New Orleans Mrrch 8, 1867
To the Honorable President and Members Of the
Senate:
Transmit herewith to the Senate petit
tions presented to me praying that the SEN
Criminal Court Of the parish of Orleans
upon Alexander Newton, for the murder Of
Justin Bourdonnay. on the night of the
first of September, 1874, be c0mmuted to
perpetual imprisonment IN the State Peni-
tentiary.
have given to this eubject anxious con-
sideration. No part of my official duty as
Governor has seemed to me charged with
graver responsibilities than the obligs-
tions imposed upon me by section
1913 of the Revised Statutes to issue
q warrant under the seal Of the
STATE. directed to the sheriff of any court
wherein sentence of death may have been
passed upon a prisoner, directing him to
cause the execution to be done on the person
50 condemned in all things according to the
Judgment against him. 1t has seemed to me
that the Insecurity Of human life and
the unpublished prevalence of crimes of
violence have been among the chief evils
which have retarded the development
of the State. Under this belief l
have endeavored as far as possible
to secure o strict and impartial enforce
ment of the law in capital cases and during
the three years of my administration have
signed thirteen warrants for the execution
ofth death sentence aud am compelled to
admit, however, that with every desire on
the part of the executive to enforce the
laws equally against rich and poor, the in
huential and the friendless, the peculiar
condition of public sentiment with regard
to crimes against human life has prevented ys9iaS
especilly in the city of New Orleans.
Popular prejudice has dealt unjustly by
aome criminals and has shielded others from
punishment.
In the case of Alexander Newton, the
facts are of q very peculiar nature. As eet
forth in the paper accompanying this mes
sage, the crime Of which he was convicted,
was committed at q time of intense public
excitement, when political bodies were pa.
rading the streets with arme, seeking the
enforcement of their political views by vio-
Ience and bloodshed. Newton and his vic.
tim were absolute strangers to each
other: there is no proof, NO sug'
gestion even of malice or pre-
meditation. Words uttered By him at the
time of the commission of the deed, ap-
peared to give q political significance to
the crime aud enlisted against him the
strongest prejudices. From the time Of his
arrest until bis conviction, he was de-
nounced in the public press, and his
summary execution was more tnan
once threatened. The extraordinary
scenes of excitement which attended his
trial will be remembered. have before me
the affidavit of two members of the jury
that eleven of the twelve jurors were in
favor of a verdict of guilty without capital
punishment, but after holding out for ten
or eleven hours were intimidated into rem
dering an unqualified verdict OF guilty.
Seven of the jury sign Q petition 1or the
communication OF the sentence; yuuge Jug
Braughn, who presided at tie trial and SEN
fenced the accused, indorses upon the peti-
tion. so far as the appeal for commuta-
ton is concerned, 1 heartily join the applica.
tion." A statement of facts and an appeal
for mitigation of sentence is signed by
very large number of citizene, including
prominent members of both political par
ties. am Of opinion that the verdict whic1
members Of the jury state they would nave
rendered had they been left un .rammeled
TO act az their corsciences and the evidence
dictated, namely, Guilty, without capita
punishment" would have been justified DN
the facts; and if the Senate concur, VII
commute the sentence to the penalty whici
the law awards in such cases. NAMELY lm
laE fn~ y n
State Penitentisry.
VIM. P. KELLOGG, Governor.
Anon. the petitions accompanying tn
message were the following:
To his Exceliency William P. Kellogg, Governo
OF the State Of Louisiana:
The undersigned, citizens of this State
appesi to you in behalf Of Ale1ande
Nswtop. now in the Parish Prison in thi
city under sentence of death for the killing
Of Justin Bourdounay. This was case II
in New Orleans, on the night OF politica
macs meeting, very shortly preceding TN
fourteenth Of September, 1874.
A difficulty which resulted in death wa
the result The peculiarly excited condi
tion of the whole people ct that partlcula
time. the prevalence of disorder through
out the State, and the fact that AZ ina
armed. are circumstances WITHIN tne Know
edge of every one who was living her
then.
Th;s homici 1e was not in qualification o
auv aatecedent grudge, for the men were
etran gers. 1t was directly due to the ex
citemens incident to the times and the oc
casion.
These circumstances address themselve
to YOU with all the force of facts.
They are held before you by an age'
mother, whose heart is bleeding for be-
son: by sorrow-stricken sisters and de
voted brother, all of whom look to you
course in this matter with an anxiety tina
is agonizing.
for life. The law has been INDICATED; an
We ask that you leave death IN the nano
of the God who created life.
Save from destruction life-perhaps
aoul. Exercise the divine attribute
mercy attached to your position and With
vonr mower. and avert this dreadful doom
Commute this fearful sentence.
LOUIS MUSSY,
ETiENNE DUBOIS, JR.,
w. HUBBARD,
+. THOMAS,
J. B. SEATON.
GEORGE FOSTER,
PETER METZGER,
J.. A. ox1NrERo, 'n' Jury
OF New Orleans Pcayune;
C.E. WHITNEY.
JOHN F. BARINGER,
H. L SMITH,
J. McHALE WALPOLE,
A. MARKS,
J. T. WALKER,
LEON GODCHAUX,
LEON LAMOTHE,