The New York herald., 1878-03-26
THE DELAWARE HANGINGS.
Governor Cochran'e Reasons
for Not Interfering.
THE EXECUTIVE FUNCTIONS LIMITED.
No Choice Between an Absolute
Pardon and Death.
THE STERN LAWS OF DELAWARE
M,Dprrrows, Del, March "a. 1878.

MiDDLErows, Del, March "a. 1878.
In the brief history in Saturdays HERALD OF the
case OF Chambers and Collins. the two negroes who
were hanged A. Newcastle Friday, stated that
in wer 10 many appeals for xecutve clcmsncy
in behalf oi the condemned Governor Cochran
frequently declared that, from certain evidence
in his possession, he was satisfied Of the
guilt OF the men, and he therefore declined
TO norere. Precisely what this evidence Is has not
been made puolic. 1t was declared to have been
shown privately to several gen who have waited
upon the Governor the interest OF reprieve or
pardon but IL been published Tor the salts
faction OF the many persons who nave douots 'nat
condemned men were guilty ofthe crime Tor which
they hanged With the object OF ascertainng, II
possible the nature VI the Information which the
Governor deemed conclusive and as countoroa-
apcng the bosis which the appeals for mercy
we're made, a HERALD correspondent rode out this
morning TO Governor Cochran's mansion, on bis
farm near Middletown. The Governor lives with
the simplicity Of the thorough farmer that he
is: the signs of wealth about him ex-
pressed in substantias, not in show. He is In
dependent aud little dignihed. but ne
was very courteous and anable chatted pleasantly
about the mild weather. the good prospect for tho
crops and the Delaware whipping post, concerning
which he made excellent suggestions as TO the
propriety OF adopting In Now York, as an inexpon-
s,ve and speedy way oi punishing the dangerous
classes
When mentioned the Newcastle hangngs, which
have attracted 90 much attention this little State,
the Governors manner became quite digninsd. aad
he spoke gently, Sut very firmly, ike man whose
mind 10 unalterably made up
DlcNIyIxD GROUND
~ must decline, said he, to give the newspapers
this time . statement Of the Information on which
refused 10 pardon those men. do not think
would be proper for Executive TO defend himself
for his through the press am perfectly At ease
IN my own conscience for what have done. ooeyed
the and spirit Of my oath to carry out the laws
Of this State, which Is what am obliged TO DO
believe the men guilty and had no right TO inter-
iere. No." said His Excellency alter second
request to be allowed 70 his in full 81
don't think this would be the proper time Some
other time may out; but am not called upon
to defend myself through the newspapers. l Will
leave IL all 10 public opinion. Time makes these
things all right There Is too much excitement now.
Alter passes over 1t viii be seen ought not 10 nave
pardoned these men,"
't.F' ~ PECULIAR DELAWARE LAWS.
In the course Of alter conversation, however. HIS
Exceency kindly explained his position with regard
10 criminals under sentence o death and the peculiar
laws OF Delaware, which restrict the powers oi the
Executive AMI leave him no cnoce between ful and
absoiue pardon and allowing the execution 10 take
place he cannot commute sentence, as the chief
magistrates oil other States can The Court hxcs the
time and place oil execution and the Governor has
nothing 10 do with It. Even the Governors death
warrant Ia not required He was also understood 10
say that neither do the Delaware laws permit new
trial like that OF Chambers and Collins SO that
u respite that ground clnnot be demanded.
In point OF fact, the Governor cannot respite
man. in the literal meaning OF tho word, because
when ,hc Court sentences a IN an to be hanged
tain time and place II IS not executed at that
time he be executed ALI SO that II the Gov
ernor we're 10 issue respite II would In reality be
pardon the date his execution fixed by the Court
having passed and the Governor having no right TO
appoint another daie Said Governor Cochran.
speaking Of this matter:-
HIS RESTRICTED POWER.
at was free pass or hanging had no power to
new trial ou the ground OF newly discovered evi-
dence. not lawyer, but that Is what was told
by some OF the pest counsel onaea 'ns - laws o our
state they could not have got new trial anyway 20
what would have been the use OF reprieveY ltwoud
only have put of their hanging for sixty or ninety
days. lcould not give them free pardon, because
believed them guilty, and had no right under inc
law commute their sentence or to order new trial
because o doubt as 10 the justice OF the verdict"
Tue Governor intimaed that this IS fact which peo-
pic In other States ought to know before crItcisng
his acts All the public excitement about the mad
come, he SAID, from ignorance OF the iacIs News
pu pers would publish anything Tor money or 10 make
iheir papers sell, and they had taken all half
witted fellow Morrow had gwen them. Morrow had
less sense than Chambers and AS he was u re-
formed Asrd case he had to shout very LOUD
and push up pretty high to keep IN with the
young Cnristlans. Mr. Morrow It should be explained,
is a member OF tho Young Mems Christian Associa-
ton, aud is the gentleman who has been most active
IN endoavoring TO get Chambers and Collins pardoned.
Ino Governor satirizsd hin iurther, In a humorous
lished onesided story. whcreupon the
sugges ed that II all the Information accessible led TO
one CONCLUSION, and all inquiries were met with rc-
usaIs other side, the press out OF the State
mucn to blame. HIS Exceency admitted
the justice OF this
The Governor declared himseli perfectly familiar
with the details Of the crime The outrage had taken
place IN his cornleld and tho barn where Chambers
wanted the won 90 his barn. Collins cart
wnip, which he nad Win nim at The time was iouDd
IN pile oil ience posts IN the Governors 1e.d
IN al
he ri the woman was alter the trial. found TO be
abandoned creature, aud she declared sne had per-
Jured herself tcstifyng on the trial that the
Ciegg o Smith her husband they didn't prove
these things when they asked or PARDON. IL didn't
make any difference whether tney were married or
whether they were not" SAID HIS Excellency.
"Dd not the woman deny tnat there was force used,
as had testihcu the witness stand, and admit
bargain with the men ?n asked the CORES pondenL
.,No,n said His Excellency. "rhdt from Cham
bers the woman has never denied that they used
violence"
"Dia she say IN her petition asking for
pardon Tor the men that she would have TO meet her
God some day, and dreaded "a sec the men hanged,
aud she did not know that u was hanging mat
ter when she tostIfedf"
..Well, yes" rejoined tho Governor; ssbut woman
Of bad chsrac not " be the judge oil what The
punishment for outrage ought 10 be- lnsy were aot
hanged 10 revenge per The law State fxes the
penalty, AND they were punished to protect socesy."
ADMISSIONS OF PEAJURY.
"But did NOS the adn'ssio OF perjury on the part
OF the wOAAa her alleged husbahd throw doubt
on rest ot their testimony as TO the outragef"
emo, because there are other evidences to show that
there outrage" His Excelcncy then detailed
the to De as ioiows:--The man Clegg coming INTO
Middlctown '.as bloody as a hog" Chambers having
beaten him aud driven him away that he could
spractise his the woman ~ the secluded
spot they selected Tor the attack he and Collins alter
ward leading her by roundabout way to the gate at
, the Governors lane; the woman's appearance AZ
though she had wailowed in the dirt, and her immo
date complaint against the men. The Governor re-
peated that the woman and the mans contradictions
| OF their evidence ala raise doubt Of tho
| guilt oil the men 10 his mind.
BUT THE EVIDENCE TO BE BELIEVED
|
| ments that tho twelve jurymen who convicted tho
men mad doue what Is unusual in murder cases. es-
| pccally In Deawarc-namely, united IN peti-
ton ior the pardon OF Collns-seven OF the twelve
| questing the pardon OF both men.
| HIS Excellency replied that he supposed Il WAS
But Collins' own confession showed his guilt,
and he (the Governor) had evidence that would
| convince the jurymen Of the guilt OF both. But
the reporter might say that he declined 10 make any
abatement as 10 what this IN detail II would not
be proper for the Governor 10 newspaper At
| tacks There were gentlemen who had come TO sec