Daily globe., 1883-08-07
REOUIsITION REFUSED.

Letter to Gov. L. F, Hubbard from Gov.
John NJ. Hamilton, of Illinois, and Opin-
ion of Attorney General Mccartney, of
that State in Denial of Granting Condi-
tionaI Pardon for Illinois Crimes to
Washington and Nelson. the Murderers
of Policeman Daniel O'COnneL.
Gov. Hubbard yesterday received the
following letter from Gov. Hamilton, of
Illinois, in answer to his request THAT he
grant requisition for the return of
George Washington and William Nelson,
who killed Policeman Daniel O'Connel in
this city on the morning of June II, 1882,
said Washington now serving out three
years sentence in the penitentiary at Ches-
ter, for burglary committed in Alexandria
county in that state, and Nelson sentence
of two years for robbery, committed in
the same county:
SPRINGFIELD, ILL.,, Aug. 4, 1SS3.-His
Exellency L. F. Hubbard, Governor of
Minnesota-Dear Sir: Referring again to
your requisition of June %, for the sur
render of George Washington and William
Nelson, who are charged with murder in
your state, and who are now confined in
the Southern penitentiary in this state
under sentences respectively for burglary
and robbery, beg to state my reasons for
declining, at this time, to issue my war
rant thereon.
First--It having been strongly urged by
Mr.. O'Brien, mayor of st. Paul, that these
men might be turned over to the authori-
ties of Minnesota upon pardon issued
from this Office, conditioned upon the con-
yiction of murder in that state, have sub
mitted the,question to the attorney gen.
eral of this state, who advises me that a
conditional pardon is not available to
effect the end desired in this case, and I
cannot but agree with him in his position,
and copy of which 1 herewith enclose:
Second-It is suggested that an uncondi-
ditional pardon of these two men, for
their offenses here, might with propriety
be granted in order to satisfy a higher
justice in Minnesota. I desire to call your
attention to the statute
of this state regulating the
manner of applying for pardons, and
to say that I would not feel warranted in
releasing these Hnen without the statute
having been complied with. Whether I
would be justified in taking the action sug-
gested upon an application made in legal
form, I am not now prepared to say.
Igreatly I regret the many obstacles that
stnad in theway Of the extradition of these
men, and beg to assure you that 1 would
be glad to do anything consistent with my
sense of duty to Illinois, to further the
efforts of your state for the punishment of
O'ConnePs murderers. Very Respectfully
your obedient servant,
JOHN M. HAMILTON, Governor.
The following is synopsis of the opin-
ion of Attorney General Mccartney: In a
very lengthy document fortified by refer
ence to law decisions of Illinois and other
states, he holds that the conditional pardon
asked for (that is that the prisoners be par
doned conditionally upon their conviction
of murder in Minnesota) is not a condi-
tional pardon at all, not being forgive
ness, release or remission" and conse-
quently the governor cannot grant it.
This refusal is based on the opinion that
an application for pardon in Illinois must
be made in writing to the governor, signed
by the party under conviction or by other
persons in his behalf, and contain brief
history of the case and the reasons why
such pardon should be granted. The petit
tion is also to be accompanied by a state
ment in writing to the judge who tried the
case, and the prosecuting attorney, stating
| their opinion of the case, and notice of the
application must be published for three
weeks prior to its being made.
In regard to an unconditional pardon.
| Gov. Hamilton cannot do it unless the ap-
plication is in the form prescribed by law.