Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-04-26

II seems 10 me, therefore, that man With
experience enough to discharge the duties
of Chief Executive officer of State, ought
to be familiar enough with affairs to know
how these petitions are secured. Nine
tenths of those who sign these petitions
really know nothing about the case; 9th.
ers don't care; others sign it to get rid OF
or to crafty the person who hap
pens to present il to them. We have
q case in this county directly in point. L
refer TO the case of Bean, convicted OF the
murder of Wilbur several years ago and
sent TO the penitentiary for life and re-
Gently pardoned by Gov. Jackson upon Pc
titions numerously signed. Now this man
had a fair and impartial trial. He was de-
Tended by able and experienced counsel,
Col. White, now OF your city, being one OF
them. He was tried before an able, Just
and humane Judge and by an honest and
intelligent Jury. AL the facts and circum-
stances in the case were patiently, careful
" Investigated and considered. The pris'
Uner had the benefit OF all the humane
prir cples of the law thrown around him to
shield and protect him. There was
no prejudice against hiu or his
cause in the county. Yet the jury that
tried him had no reasonable doubt of his
guilt, but exercising their right under the
law, for mercy's sake, condemned him to
confinement for life. The evidence in the
case was all circumstantial with the excep-
ton of that of young Oates, but II was
strong and overwhelming. Oates was suS-
tanned and corroborated by all the other
facts and circumstances in the case. He
had nothing in the world 10 do with the
killing, was not in any manner mixed up
with Bean and Wilburn's trouble. He
was a boy going to school in the neighbor-
hood at the time, and simply testified that
he was forced by Bean to aid him in carry.
ing the body OF the murdered
man the night after the killing
TO place of concealmenti
and that the prisoner, Bean, told him he
had killed the deceased whilst engaged in
blockading the road This is the substance
Of all that young Oates testified to In the
trial, and he did even this very reluctant
", only after Bean had tried to fasten the
crime upon him. For a long time after his
conviction Bean persistently denied not
only his guilt, but all knowledge OF the
guilty party He now admits the killing,
but he says Oates did not swear the truth;
that he killed the man where he was
found, and did it in self defense. He says
that he and the deceased went out that day,
early in February, to hunt bee tree, and
at the point where the body was found
Wjlburn attempted to kill him with an ak,
and that he then shot him. Now, this story
il must be remembered, comes from the
man who committed the crime, and on
that account must be received with great
caution. The story is improbable Ter
another reaeOn-that is people don hunt
bees that early in February, and as cold as
il was then. II Wilburn intended to Kill
Bean, and Induced him to go with him for
such purpose, is it at all likely he would
have ventured it with only an axe, whilst
Bean was armed with gun?
Since the conviction OF Bean no new
evidence has been found to cast even
doubt over his conviction being right.
Yet. l believe it is fact that
large numbers of our best men
signed the petition to the G1v-
ernor for his release, and few
of them urged it in person upon
him. What right have any OF these men
to complain o: lawyers, courts and jurles
for being tardy or derelict in the punish
ment of crime? II guilty man is con-
yicted, they 90 TO work to undo, what the
lawyers the court and the jury have done:
say the people are to blame In most OF
De cases as much as the Executive. ID
now how these things are done, | have
Heard many of the gentlemen who signed
the petition for this mans release, say,
siI &c The pardon was granted, that they
would not have done so;' ii they believe
Il law would permit the Governor
10 do so, that they had no
lea hat he would or could be pardonei
or they would not have signed the peti.
ton; that they signed it to crafty the old
father OF the prisoner, who carried 1t
around, believing the law was such that
the Governor could not grant the prayer OF
the petition believe majority OF the
Il. On hn I'm
the release of Bean will say this. This
shows how cautious the executive ought
20 be in acting in these cases upon petitions
signed by the people. There IS no excuse
for the people, however, in doing these
things. If they are excusable, upon any
ground. then | say they have no right to
complain of courts, juries and lawyers or
of the increase OF crime IN the country:
1t is to be hoped that malt will be called
in this thing. If after conviction,
it is found out the court
and Jury have made a mistake
then il is right and proper for the ENeCu'
tive TO exercise his pardoning power, for
zone wants to see an innocent man pun
isEed. No one wants to see cruel, harsh or
unjust punishment inflicted upon fellow.
man. Hut after man has had fair and
impartial trial, with all the safe guards
and humanties of the law thrown around
him, the Executive shQuI be SOW 10 uhuo
what has been done in this way. Only a
few years agoa man was convicted of murder
in this circuit and sentenced to confinement,
and was, upon petition to the Governor, par
doned before he even reached the peniten-
tisrv, and this too without the least con-
sultatiOn with the Judge, jury or PrOsecu-
ting Attorney. This cannot be right. 1t
is certainly not the way to inspire respect
for the court, and the due and proper ad
ministration of the law. If thus thing
continues jurys will soon begin to say,
There is no use in our convicting, the
Governor will turn the prisoner lose: y
The law may be somewhat slow in reach
Ing crime, but when it does, the Executive
ought not to interfere uuless in clear
case OF mistake. HARDY.