Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-08-26

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and deviation strength and consolation, and
vet he foryets that this monster, worse imam
Jeffreys on the bench, who never drove the
wife from the Courtroom, tore the cnliu OF
{ ,hnrchiIl from his knee and sent 1t from his
presence. and deprived him OF the strength ne
could draw from its innocence and love.
With those acts of the monster portrayed, ne
would go before this people ana submit 70
them whether his mouth shall be shut against |
the infamy of the corrupt Judge. Mr.. Hay |
mond interjected frequently into his argu. |
ment powerful appeals to the Governor, and
his declarations before heaven of his
belief of the innocence of Sprague
he knew him to be innocent, and Alexander
More knew him to be innocent. in his be-
lief, and that the crime of Tom More's muir
der could be brought nearer to Santa Barbara
than Santa Paula. In denouncing large
landowners. saying he didn't care If they
were all killed off, he declared that he did not
justify murder in any man, and that while ne
stood for the poor against the rich oppressor,
he justified DO man in righting his supposed
wrongs by hfe-taking, which nothing can
Justify, except those causes recognized by the
law. He believed that he could vindicate
the innocence of Sprague by fixing the guilt
on the true assassins. He concluded with
final and warm appeal to the Governor Tor
his intervention to stay the execution OF
Sprague, whom he knew to be innocent, and
so declared in all the sincerity OF his heart,
and with all the truth Of his nature.
THE DECISION OF THE GOVERNOR.
The Governor here e P. NJ announced that
his mind was made up, but he preferred to
put his thoughts on paper. In one hour he
would read his views. He instantly, and evil
IDENTIFY in great agitation, retired to his private
Office and locked himself IN. The crowd
melted into the halls and in knots and groups
talked over the case. At P. n. the Gov
ernor returned to the main office. His coun-
tenance indicated the great struggle going on
in his mind. He retained his composure with
great difficulty, and as he read the last lines
of his manuscript, committing the sentence to
imprisonment for life, his voice faltered,
he choked up and was scarcely able to
word he threw down the paper and rushed
from the room shaken with emotion. He
came back in about five minutes, however,
somewhat composed, and began to open
and attend to his private correspondence.
Mr.. Raymond went up to him and stated
that he was entirely satisfied. 1t was all
he had desired-time the truth to be
made known. Had he been Governor, he
should have done exactly what Governor
Perkins had done. He made the same ex-
preston to friends of Sprague, and reminded
them that he had told them beforehand
that such Il communication would be salts
factory.
The Governor decision on the application
was in these words
The history of the case under considera-
ton has been familiar to me since the COM
mission Of the atrocious crime; and l, with
all other good citizens desired that law and
order should prevail, and crime receive its
| just punishment.
At the time of the trial of Sprague, Curlee,
Lord and Churchill, 1 watched it with much
| interest, and feel that if one was guilty they
all were, and that all who took part in the
fendish murder should receive the punish
ment it deserves.
That all of the parties accused have been
acquitted or discharged, excepting Sprague,
should not, l think, have any influence with
the Governor in determining If this Is
proper case for Executive clemency.
The charge of counsel that the defendant
has been deprived of his legal rights through
the prejudice or bias of the Judge who pre-
sided at the trial, if true, l think there must
| be way to correct, by proper petition
addressed, or affidavit presented to higher
legal tribunal, as l cannot believe that JUS
tice in any Court of this commonwealth can
be so far shorn of its robes of honor and
right, that legal technicaity can be per-
mitted to deprive citizen of his life.
Inc GREAT QucSLiOu hncn piSochScU W my
mind to aid me in arriving at just deter
mipation of the case is, Has there been any
impeachment of the witnesses, or new evidence
developed since the trial that would, in my
| Judgment, have induced the jury to render a
! different verdict had the facts been shown to
/ them at that time?
! The three most important Witnesses on the
| part of the State were Brown, Hickerson
! and Jones. The action of Brown and Hick-
erson and their testimony appears somewhat
! Inconsistent as reviewed at this time. But
as it has not been fully impeached, and is the
/ same as it went to the jury, we cannot doubt
but they gave it all the consideration their
/ oath demanded. The testimony, however, of
Jones has since been declared by him to have
! been suborned and false in every particular.
! Counsel on behalf of the State have endeav-
j ored to show that Jones first statement about
/ the Sprague case was true, and that he re-
/ canted only when his own personal safety
/ was assured and then it was done for the
/ purpose Of saving his associates in crime.
Be this as it may, believe it my duty to
consider what effect his conflicting testimony
would have had upon the jury had it been
presented to them Five members of the
! Jury who tried the case signed a petition
PRAYING for Executive clemency in the case
! afterwards lime of the jury signed another
( memorial saying that those of them who had
signed the petition did so because of an APP
J peal made by the friends of the prisoner to
/ their sympathies, and they now wished to re-
/ tract their recommendation and reaffirm their
! verdict The other three members who were
( upon the jury have either remained silent or
have stated that without the testimony of
Jones the jury could not have arrived at the
4 conclusion they did, and had Jones' true char
acter been known to the jury his statements
would not have had the weight of feather
in their deliberations, and the probabilities
are that Sprague would have been to-day a
fee man."
The detective who worked up the case and
materially aided in procuring the affidavit OF
( Hickerson, states that since it has come to his
Knowledge that while Hickerson was a mem
Der of the Grand Jury he was in the posses
sion of the alleged confession of Sprague to
him, he now questions the truthfulness of
Hickerson's statement, and has grave doubts
as to the guilt of ) prague.
Prominent citizens OF the State and per
sonal friends have called upon me, and many
lettl rs have been received urging that l do
not interfere in the case but let the law take
its course. Otherwise they fear it will en-
courage others to commit similar crimes with
the hope they may escape its just punish
ment.
Petitions have also been received from
many thousands, including nine-tenths of the
names OF those upon the treat Register OF
the county where the crime was committed,
asking for pardon of the defendant ; or at
least a Communication of the sentence that has
been pronounced against him.
While have given all of these petitions a
respectful hearing and careful consideration,
/ have eudeavored to be guided in my con-
illusions by the evidence on transcript before
me. Although it has been admitted by some,
who urge that the sentence of the Court as
pronounced should I've executed, that at this
time they very much doubt If a new tria
were granted that it would be possible to ION
Wet defendant, l have not considered the
assertion but have endeavored TO conhne my
self to the evidence as presented at the trial
And not here considering the question i
the defendant through any cause has beer
deprived Of re siew OF his trial by the Su
; preme Court, l can but believe that had al
; of the conflicting statements made by Jone
at subsequent trials, and his own confession
that he had been suborned witness and hat
sworn falsely been presented to the jury il
this case, there would have been such
shadow cast upon all of the testimony. tina
. had the jury found him guilty Of murder
they would, as in the case of Curlee, hav
given Sprague the benefit of the doubt, an;
J affixed the penalty to imprisonment for life
instead Of death.
Deeply impressed as I am with the grea
> ] - fort ba inns has beau 1aleuata.