The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1880-05-06
THE TELEGRAM V. GOV. ROB-
ERTS.


telegram when it considers through
whole column the fact that Governor
Roberts has sgain spared the lives OF
two conVicts and substituted for the
halter lifetime Imprisonment. Gloat-
ing over the opportunity to denounce
an executive who judges for himself,
and who does what he thinks night, re-
gardless of auybody's opinions, the
Telegram says: at was hoped that
the almost universal expression of dis
appreciation of former combinations
would have exercised restraining in
fluence upon the executive" Again
the Telegram, which wants a weak gov
ernor, who would study public opin-
ion, even while the life of human be-
ing is at stake, says: 1.-THE commuts-
ton of the sentences of Preston snd
Kreb5 has in it less of excuse or justif-
cation, and more elements for just con-
demnation, than any of the other of
the governors combinations" Then
1t reviews the case and declares
that KEebs and Preston were the
murde;ers of the English family,
and OF course that settles public
opiuion. Then it says: "Every posi-
BILE chance and four years of time were
given the accused to establish their in
nocence, but they failed, at least such
was the deliberate judgment of the
jury, the Judge who sat upon the case,
and the court of appeals, whose prov
incc it was to review all the circum-
stances of the trial." Thus, and
through much other lsbored trash, the
Telegram makes up its splenetic indict-
ment against this official act OF mercy,
exercised by one of the most careful
executives who eyer performed the du-
ties of his Office. Now let US see how
Governor Roberts, after days of careful
consideration and investigation, pre-
sents the case in long paper giving
reasons for committing the sentence of
these two men. He says:
Impelled by such irresistible appre-
hension of wrong about to be commit
ted In the infictlon of the death pen
atty upon Krebs and Preston, the Hon.
]. A. Carroll, the district judge, acting
under his responsibility to tie state
and his duty to his tellow-man, on the
fifth of this month, addressed me an
official letter of most serious and SOL
emn import, requesting me to commute
their punishment from death to con-
finement for life in the penitentisry, in
which he says: ''lf l could say
that l was satisfied, beyond ra-
tional substantial doubt, that these
men were the guilty authors, 1
would prefer to see the sentence of
the law executed; but as the case has
been so often before me, have watched
it with great interest, have heard the
testimony from the witnesses so many
times, and thought so much of the case,
deem it my duty to give my views of
the case" After presenting calmly
various views upon the conflicting tes-
tlmopy and surrounding circumstances
developed on the trial he says: "Tak-
ing these facts into consideration and
weighing them in the light of the tes-
timony, its conflicting nature, and re-
flecting upon the possibilities of mis-
taken constructions of words and ges-
lures, feel called upon to say to
you that l have IN my mind such a
| substantial doubt as to the guilt of
these parties as to ask of you the exer-
else of executive clemency so far as to
commute their punishment from death
to imprisonment for life." He signed
this letter officially as district judge.
The enorIhity of the offense, and the
protracted prosecution, have aroused
and attracted to it widespread at
tenhon throughout Northern Texas,
and numerous able lawyers and other
distinguished citizens and persons in
the various walks of life, seriously i'm
pressed with the same apprehension,
and having the same doubts about the
case, have made the same request, many
of them with an earnestness and sim
cerity that demanded due considera
ton.
The governor then goes on to tell
that he has for the second time careful
ly examined the statement of facts In
both cases, together with affidayits and
statements of matters not adduced on
trial, and he concludes that the ques-
tion of mercy must be hinged upon the
identy of Krebs and Preston as two of
the three parties who were engaged in
the killing of the Euglands, the state
assuming that Krebs and Preston and
A. x. Taylor did the killing. There
was difference as to the identity of
Taylor, Mrs. England in her dying mo-
ments declaring that it was A. K. Tay-
lor, ayoung fellow, and Harvey Taylor,
who was on the porch when the men
came up, and who escaped the massa-
ere, declaring it was Bill Taylor. AZ
ter considering the whole question In
the hight of evidence and subsequent
results the Governor concludes:
Is it reasonable to suppose that A. K. :
Taylor, beardless boy, without any
known motive, would assume the lead
ership of such wholesale slaughter,
or that Preston, always friendly and
under strong obligations to the Eng
land family, would be participant in
ii, or that Krebs, from hard feelings
engendered about prosecution for as
sauItlng old man England. not result.
ing in any battery, would seek such a
revenge as that-a revenge that could
only be sought by the most desperate
and hesrtless of the race of murderers
for such a comparatively trivial mat
ter, when three witnesses-Mrs. Krebs,
her daughter and son, by former mar
risge-swore on the trial that Krebs,
Preston and A. K. Taylor were at
Kreb's house at the time the shooting
occurred, and were not, therefore, at
the England house when the murder
was committed 1t may be so, and
under the forms of law it has been so
declared, and still upon full consider
alton of all the facts there is llnger-
ing substantial apprehension on my
mind, as there is on Judge Carrolrs,
that ,it would be unsafe to intiIct the
death penalty.