Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-08-25
spRAGUH's LIFE.
FURTHER HEARING OF TIE AppLIcA-
TON FOR THE PARDON OF
F. A. SPRAGUE.

The hearing of the application for the par
don of F. A. Sprague came on again before
the Governor at 10 A. NJ. yesterday. 1t was
exertions of the day before in arguing the
case, had been rendered i'll and was then
under medical attendance, whereupon the
Governor continued the hearing until / P. N.
At that hour Mr.. Raymond had not yet ap-
peared. W. A. Cheney, for petitioner, at
LEO stated that he had word from the Attor-
ney.General that he declined to go on until
the petitioner had concluded. He argued
that petitioner had the affirmative and the
right to conclude. Shortly after this Gen.
eral Hart appeared and said he would not go
on until the petitioner had concluded. Mr..
Cheney said Mr.. Raymond, of all others,
was most familiar with the case and all its
facts and details, and it was necessary that
he be present Mr.. Raymond had been sick
all night and was i'll, but would come in time
to close the argument.
Mr.. Brooks said the Governor had desired
to be enlightened on two points, one of which
luNOltco bu0 uucSbluu3 w do opkeSuo SOuSlStCu
according to the forms of law? That mat
ter the petitioner had gone through with
and finished, and he thought it right now for
the Attorney General to reply to that part
of the case. Then would come the consider
alton of the facts as to whether, even admit
ting the trial to be proper, the evidence
shows Sprague to be guilty, he asserting his
innocence. That branch of the case had
been partly disposed of, and the testimony of
two or three of the main witnesses reviewed.
Colonel Raymond was i'll, and would, after
the reply Of the Attorney. General to the first
branch of the case, resume and finish the re-
view of the case. He hoped the Attorney
General would go on and Colonel Raymond
would be present within an hour.
Attorney General Hart replied that he did
not wish to try case by piecemeal.
Mr.. Brooks-This is not trial.
Hart-It looks like it. Here defendant
has been convicted in a State Court by a
competent jury. The prisoner asks the Ex-
all the presumptions in its favor, and in all
ordinary matters sealed book to all but the
Courts. 1t is for the petitioner to show rea-
sons why the judgment of the law should be
suspended. If he does that, he as Attorney
General should not resist the application.
He wanted no mans life. He recognized the
soleinnity of the proceeding on which hangs
human life. But it was his duty when the
judgment of the Court and the verdict is at
tackled to defend it. Yet he did not intend
to resort to invective or appeal to passion,
but it was his sworn duty to defend the record
of the law of the land until it is successfully
impeached, and then he would not interpose
an objection to the Executive staying the
process of the law. Thus far he did not deem
that the Judgment and verdict had been
shaken. Nothing had been shown to need
reply save the inveetivs against Judge Faw-
cett. To that he might reply. Let Mr.. Hay
| mond finish his application, case or appeal,
and then if the judgment and verdict needs
support on the part of the Attorney General
| by way of argument, he would endeavar to
show why the solemn judgment of the Court
should remain unimpaired. If Mr.. Raymond
could come in an hour, let him come, and he
| for one would await his coming.
THE ADVANCE.
w. A. Cheney replied, and claimed that
no man should be deprived of life without due
process of law. The petitioner had shown
wherein he had been deprived of fair and
| impartial and final hearing in the Courts.
| That branch of his case was concluded, and
| he deemed it sufficient. 1t was now in or
der, if at all, for the Attorney General to re-
ply. The counsel for petitioner were not
| asking delay, but were honest in the desire to
pause with their case until Mr.. Raymond
| could be present.
The Governor said he had hoped to have
| the hearing go on without delay, and that
counsel could agree as to that matter.
| By general consent an informal recess was
| then had for an hour and a half to await the
arrival of Mr.. Raymond. At 2:40 P. NJ. Col
onel Raymond appeared, saying that he had
left his bed against the advice and remon-
STRANGE of his physician. He had supposed
the hearing could go on in his absence in
response to the points he had made already,
and that as he had the affirmative, he could
at later hour close the case, as he was en-
titled. He understood that the Attorney
General objected to that procedure.
ga BREEZE"
| Mr.. Hart preferred Mr.. Raymond should
| conclude his case.
Mr.. Raymond said he was willing to say
no more and submit the case as it stood if the
other side had nothing to say, as he had un-
derstood it had expressed itself. He was
willing to leave it to the Governor there.
Mr.. Hart-Do you make that as propo-
sition?
Mr.. Raymond said if it was agreed to he
was willing.
Mr.. Hart-I guess you'd better go on.
Mr.. Haymond-Yes, 1 suppose had
suppose the State demands that I SHALL at
r1ek OF my own lie, go on.
Mr.. Hart-It would be very generous for
the State to consent to what you wish,
indeed.
At this Mr.. Raymond expressed himself in
terms of indignation and declared the words
of Mr.. Hart implied an insult.
Mr.. Hart rose to explain.
Mr.. Raymond continued, under great ex-
citement, to say that he asked no generosity
of the A Attorney General, and would not sub
NIT to such remarks, and turned toward Mr..
Hart; with that the Governor arose and
demanded order, repeatedly calling on the
gentlemen to cease.
Both continued, however, to speak. Mr.
Brooks pulled Mr.. Raymond to his seat
twice, but the latter again arose and declared
that if Mr.. Hart repeated the terms be
would knock him down.
Mr.. Hart told him to go on with his
knocking down, and for a moment it looked
as if the two men would have set-to. Mr..
Raymond was evidently laboring under great
mental irritation.
The Governor censured both, and said he
should refuse to hear them if they could not
restrain themselves.
Mr.. Raymond apologized to the Governor,
and said he had been greatly worried and was
i'll, and allowed his temper to master him.
Mr. Hart on his part recited what he had
said, and added that he did not think he de-
served the censure administered. What he
said he had said sincerely, pleasantly, serious
ly. 1t would be generosity unexampled &c
consent to close the hearing on the state.
ments and argument of petitioner alone, and
the States representative to not only be 81.
lent but give consent to it. He did not
| think his words sufficient to justify the action
j of Mr.. Raymond.
Mr.. Raymond again expressed his regret
to the Governor for the occurrence, and peace
on the Potomac being declared, the hearing
| was resumed.
| The Governor said that he wanted counsel
to understand he was hearing, and should act
without bias, prejudice or feeling, but with
| the fullest sense of the great responsibility
resting upon him.
Mr.. Raymond said he knew that, and that
before the Governor he felt for the first time
he was having fair opportunity to present
the case of the unfortunate prisoner.
| Governor Perkins said he could save the
counsel time by saying he desired chiefly now
| to hear relative to the testimony of Jones.
Mr.. Raymond said he would try to review
| it though it was at the risk of his own life to
enter upon the effort.
ARGUMENT RESUMED.
! He referred to the testimony of DR.. Del
mont, the county physician, who examined
More's body. He testified that the wounds
| in the head were made with buclzshot or a
| pistol-ball, and could not have been made
with gun-ball fred from gun close to the