The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-04-27
THE oOygRE0Ws LAST ooMMUTATION.

phIhneh Wy hoHlN w Nl'H" lh't'' |" "'f""
evidence Of the utter lack Of enforcement Of
tho laws 10 Texas, and thus uao Il ~ an argu'
ment 10 turn immigration from our borders
aud toward theirs, But the argument that
haa prevailed with tho Governor will have .
aImIhr effect on tho minds OF others, and thai
IL tho doing OF what ono 10 persuaded alright
Regardless Of temporary consequences,
especially IN so momentoua matter
The pNrdonlng power has been
lodged In the hands beyond the
Appellate court on tho same principle
that allows tho Appellate court TO review
and remand reverse or confirm declsona of
lower court, Whatever on general prncl'
plies may DO thought of the policy Of making
that power resident IN tho chief executive
officer Of tho State instead Of with pardon
ipg board or elsewhere, II 80 happens In tho
particular case Of thoSMte Of Texas Just now,
that IL Chief Elective IL not merely man
Of irreproachabe integrity md sterling force
Of character, not merely legal light learned
In tho law, skilled In criminal procedure and
familiar wlth-ull. the influences brought To
bear In the caaos Of criminals, but that he
WIS, until made Governor, the Chief Justice
Of the Supreme court and In its work for
nearly quarter Of century, Theprcsump-
ton, therefore, is not only fair but logical
that OF all men Governor Roberts
Is prominently qualified properly TO
pass upon the value of my application
for the exercise of the executive olemoncy In
behalf of criminals condemned TO the gal
lows. Ilo has in tho case nj bar seen III to
commute the sentences of James Preston
and Ben. Krobs, condemned 10 BIO hung on
tho 30th inst, from the death penalty to inn
prisonment for liic He has seen III to do
this in tho face of political opposition, when
in WOW of bio candidacy for reelection the
act will doubtless raise u whirwind Of ad-
verso criticism, and no has seen ilt to do 1t
when the cause cannot be said TO add TO his
following, and therefore the equally logical
conclusion is that he intellgcntly acted upon
such information in his possession rs would
perhaps have 80 satisfied n still higher cou I
than our Appellate. We do not know what
that information was, nor what were tho in
aucnccs that wrought his mind to such COM
plexion. We do know, however, that so
satisfied became the District Judge who tried
tho case and the County Attorney who prose-
cuted that theirs was ono that went
to the executive ear mortgaged with
many doubt in their own
minds despite the chain of title that the jury
verdcted sufficient for full conveyance to
tho gallows, that they recommended tho
Communication. We do know.that in view of
death and just prior to this determination OF
the Governor, ono Of the convictedMrote
out as his dying confession tho following,
which on tho day before, he entrusted to us
for publication, and which somehow has the
clear ring of intrepid innocence:
~ do this day In the presence of Almighty
Goa affirm that ! was Mt the house
of Ben krebs tn, night the Eng
land murder was done, and got
up and went out OF the house while the shoot
ing was going on at England's, as stated by
johnnie Savage, and know that Krebs was
at home ut tho time. There has been u great
deal said In regard to what Krebs knew about
the murder. As to what Krebs knows can
not say, but win say TINS: IL Krebs knew
anything about the murder no never init
mated such II thing TO me and always denied
knowing about 1t. | an thankful to my Ged
that can say and tell the truth that am in
nooent OF the grave crime, and God Will bear
me witness that this Is true"
The HERALD has been no advocate nor de-
fender of Governor Roberts administration
as a whole on the contrary we have seen
much to criticise and have indeed criticised
freely and fearlessly. On some general ques-
lions of policy we assume to be as well
posted as others, and never hesitate to cross
swords with any one on any subject of gen
eral concern to our section or the State or
country, always however, courteously and in
a dignihed manner, but we have never once
condemned Governor Roberts for his com
mutations, no matter what our contributors
may have urged. And we have pursued
this course on tho same reason which deter
mines us in other things, viz; that we could
not be competent judges and impartial critics
in matter whereof we were not in posses
SION of an equal amount and quality of in
formation as had illuminated for some other
arbiter some pages in a drama that had
been sealed to us, and whose light might be
of character not only to suspend the YER
dict of a harsher humanity, but to relax the
rigors of tho law. But in this case, as in his
other combinations, we have assn med that
executive cemcncy has been based upon and
has issued from substantial doubts as to the
value of the testimony against the condemn
ed men and justifable resolve to err on the
side Of safety, and hence We have given the
motives and the act the credit to which we
sincerely believe they are entitled.
P. S.-Since the above was In type we
have been furnished with the communication
of sentence as made by the Governor, and
his remarks are eondrmatory of the views
above expressed. 1t will be found in another
column.
Flowers for the Flremen.