Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1879-01-09
ALI. CHARTZ.
DispaSsiOnate Advice From an I'm
ur0iudicel source

DispaxsiOnate Advice From an I'm
preiudiced source
The following article, which we copy
from the Tuscarora Times Rerie,r, is such
a fair and dispassionate statement that we
are induced to give it in full;
The Bodie Standard favors the pardon OF
the unfortunate young man whose name
forms the caption Of this article, and rec
ommends a general circulation Of petitions
throughout the State, praying for the in
tercession OF the Pardoning Board in his
behalf. While we are in favor Of the par
don and would chcerfully do anything in
our power, consistent with the duty Of a
good citizen, to effect the release Of the life
sentenced prisoner, we cannot endorse that
portion Of the Standards article which
attributes his conviction to local prejudice.
which was inflamed by a dastardly biased
description of the killing by a newspaper
rival, and by a hurried trial before a judge
seeking political preferment. and willing,
in order to obtain it. to pander to that
local feeling" The SENTINEL, Of course,
is the IN wspaper rival referred to. We
were intimately acquainted with both
Chartz and Rickar; were friendly with
both, and consequently, read with more
tt&A A II
ercnce to the affair published in the Eureka
papers and our recollection Of the
SENTINEL's course is in accordance with the
editors statement that nothing appeared
in his columns save the actual facts az
testified to by competent witnesses, both in
court and before the Coroner's jury. In
regard to the aspersions directed by the
Standard against Judge Cole, nothing could
possibly be more uuwarranted or further at
variance with the facts, for a more perfect
ly upright man never occupied the bench
in this or any other country, or one who,
in the discharge OF his Judicial duties, was
less Influenced by popular clamor or
prejudice. Indeed, bis disregard for out
side influence or pressure was 80 extreme
that it was regarded as one of the most
notable features Of his official term, and
was recognized as such by everybody re-
siding in his Judicial district, and the edi-
tor Of the Standard, as a friend OF the i'm
prisoned man, has acted most injudiciously
in assaiiing the character and %impugning
the motives Of a man whose probity is so
generally recognized and acknowledged. If
we understand correctly the duties Of the
Pardoning Board, they are to act in cases
where lenity can be exercised without det-
riment to the public veal to interfere in
N.SNo NLOAR tAS lNEult u tilG btlACt GAliOllC
ment of the letter OF the law is incompati-
bic with its spirit. 1t is an institution
legalized in the interest of mercy, the mem
bers of which are invested with discretion
airy powers, to be exercised for the futher-
ance Of justice in the rare instances where
the power OF the courts and a strict inter-
probation of the statutes will not permit the
necessary distinction to be made in a GRIM
inal case, between equity and law. The
members can take cognizance Of evidence,
e%xtraneous, perhaps, but still bearing upon
the merits Of the case, which, under
the rules, could not come before the court
in which the defendant was tried. In
short, the Pardoning Board is a court for
administering a higher law than is written
in the books. Chartz's case is, in our opin-
ion, one that should receive the careful at
tention of the Board, and we are satisfied,
if his friends take the necessary steps for
bringing forward all of the facts, the mem
bers will decide that it is a proper case for
the exercise Of their discretionary powers.
We for a long time knew Chartz intimate
ly. He was in our employ for a number of
years, and during that period he never
evinced the slightest indication of a
quarrelsome nature much less Of a murder
Gus disposition nor do we believe that he
possesses a naturally vicious or depraved
heart. The ease with which he could be
influenced by those who had his confidence,
was the weak point in his character, and to
that weakness may doubtless be attributed
his present position. The provication he
received in the shape of q most insulting
letter might be urged in mitigation of his
punishment, but there are other circum.
stances in connection with the affair, which
would probably have still greater weight
with the Board, and which We believe, il
properly presented, would effect his early
release. There is nothing to be gained.
however, by such a course as That pursued
by the Standard, and if such arguments
are to be used in his behalf, the unfortunate
prisoner may well exclaim-- Save me from
nay friends"