The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1881-03-10
The pAapoaIBe POWER.

10 required 70 file the reasons may ec'uS'o
him in hardening, or In committing the sen
tepce of criminal. When no doeH TINS ne
has answered. the behests Of the law ano
there is no authority anywhere to gainsay
his power save ia public opinion, and the
public without it knows oil the facts has no
right TO condemn. The statute Ia" OF inc
state prescribes the forms Of triaF for q man
charged with a capital offence, with mufnor'
| The state and the accused each have lhe'f
rights and each is assumed 70 seek W
maintain them to the best possible
advantage. The state is clothed with Vass
deal Of power and can always enforce It's oe-
mands. II is not always the case tna' 81
accused can do this, can avail himself Oh aii
his advantages. He may be poor and UNABLE
to employ counsel or to secure his eViuehee'
and with counsel appointed for him who nave
not had time to inform and prepare them
selves ss they should be and have tine honeAs
and legitimate evidence at hand which migh'
| be obtained, he then enters upon trial at
great disadvantage and the Case goes
sgainst him. He appeals 70 the court OF hnal
res ,rt. That court is governed in It's action
nv tbs prescribed rules of law, and cannot go
ont,ide Of the record presented 70 it. The
consequence is that the accused profits moth
ing by his appeal save 10 the consumption OF
time, But .one resource is lett him thtn
and that is an application FOR
pardon or q Communication of sentence, to the
governor. The governor takesthe papeTa IN
he csse chat are laid before him. He quiet
IL, calmly, disinserestedly, patiently meIci-
fully examines all facts that are presented to
him. no matter whether they are official or
unofficial. He is trammelled BY no impera-
tive rules of the code Of Criminal Procedure.
Mo absolute rules Of Gresnle,f on evidence,
t--<osr him. He looks only to one thing
the common sense of the facts as they are
eiyen to him, and The law, and If ne ID a
humane man, with merciful heart and at
the same time with a strong analytical dis
eliminating, legal mind like Governor
Roberta, he does what his Judgment
and his conscience dictate TO be
strict Justice tempered with mercy. Facts
arc laid before him that never come TO the
cognizsnce Of the public, ind why should the
press and the public condemn without
knowing all the facts in casef la THIS
mornings paper we publish letter to the
governor from Hon. w. X. Homan, state
senator and an eminent lawyer, relative TO
the Hubby case. This letter speaks for
tself. and coming from gentleman of the
standing Of Senator Honsn, who is per-
fectly disinierested, it is worthy, not only OF
earnest consideration, but of Credence, and is
entitled to weight. We refer specially to
the Hubby case, because Governor Roberts
has been hung in effigy for committing the
sentence of AiIam NJ. Hubby from
death to confinement in the peniIcn'
,i,ry for life, on the charge Of
numbering man named Gardner,
convicted on ciccumstnntis eyideace alone,
and because number Of papers have CEN
sueed She governor IN unmea,ured terms, Tor
his action. This letter, coupled with Other
facts and circumstances, induced the COVER
nor to intorpote his powers of clemency III
behalf of the unfortunate man, end VIC car
soo no lust cause for the cutlery that hss been
rsised abainst him. II the governor hiss
erred ct all, It has been on the side Of mercy
on tho side Of strict construction Of tho law
and a duo and unbiased confederation e. the
facts. 1t /. always humane, it is slUays just
TO err, fit be error, in such way. Whoretd.
ing Senator Homan'e letter, cannot feel
thrill of Indignation OF judge who
will permit the evidence Ct n
man VIGOROUSLY non compos meats
TO 20 to jury and weigh 10 The balances
spalu,t mans lief novour province
20 ,ay that tho Judge violated the la9 in adj
hitting such evidences, for we don't pretend
10 know the bubbles and tho teehnicaiities
of the law, but we DO know ihst equity, that
a common justice interposes lie barrier
.gAinst such aproccdurs snd jadgo5 in this
,tate have blended law snd equity iuritdic-
ton, ard wherein tho law may be deficient
in the expression or repression OF It's po"ef,
equity comes in and is Of force. We hsve
on former occasions differed from Governor
Roberts in many Of his views and policies in
bis efforts ~ the chief magistrate ct Texas
10 behalf of The states welfare, bat wa have
always honored him for bic sincerity Of pur-
po,e and especially admired him for b.
Rrmue.s and bia fidelity 10 bis convictioDs
in the matter % bic commutsiions OF
persout seniesced for capital cf:ucss and IN
HE psrdonlng Of criminals connned N pri'on
se1hl.ios inf ctsd under the law for ofIsncos.
committed, or alleged 70 have bcen ~ '-
mit.ed, are not for the purpose Of puhish-
msut 90 much, as 10 save the criminal from
himself 10 lad 70 his reformation, or deer
osssrs from like acts, sui WHENEVER Che gov
ernor bslisvst he can best ,.rve tbs cause Cd
Justice ard accomplish these ends By 80 BE-
ierp,.itign Of bis poEsr Of Gle ency. b.
would b untrue 70 th. lfssi Isi'-ssa j. h''n
uu'rus 10 HE duty. untrue 10 Chs is7, il Re
Retained from ersscising ttst .lCmency.