Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-10-23


upon such release. we could, under our
statutes, arrest them as fugitiues from JUS
tice, and hold them for your requisitloa.
Bat can certainly assure you that it will
not be necessary, es no such movement
for their release will ever be attempted in
this city, nor would we permit it to be at
tempted, and the men will proceed at
once, without expense, to your state, in
case of their acquittal. to their old quar-
tiers in the penicentiary at Chester.
do not desire to occupy your time I'M
necessarily in this matter, but DO ask lib
erty 10 most earnestly urge upon you ths
granting of this requisitior, or an order
for their surrender to us, es the crime
which they committed is one that deserves
the severest punishment, not only from
the fact itself but to enable US to assure
our police of the fact that we intend and
can protect them in the discharge of their
duties.
AS stated to you in my former commu-
nicatiop, our CITY has gone to good deal
of expense to discover the perpetrators OF
this crime. A large reward has been Of
fsred and kept good, although I do not
think the witness Deslos was ever Informed
Of it; and the circumstances of the crime
were such that our city authorities have
peDsioned the widow and orphaned family
OF the deceased policeman, who was in
deed a most worthy citizen and valuabls
and efficient member of the force. Sit
uated as our city is, at the head of navlga-
ton, it is, during the summer season, the
headquarters and constant resort of all
the worst and most depraved classes of
negroes from the lower river, who are
constantly engaged in perpetrating crimes
of all characters in this city, and give our
authorities a great deal of trouble and
tend largely to imperil the property and
lives of our citizens; and if we can succeed
in making an example of those men for
their horrible crime, it will have q most
6alu.ary effect upon persons of that
class by whom, as have said, we ara con-
stantiy invaded during the summer season.
At the same time 1 desire to assure you
that We will see that those men have fair
and impartial trial, that no prejudice will
be aroused against them, and that we will
see to it that they will not be convicted
unless we have sufficient evidence to con-
scientiously and legally sustain the result.
I take the liberty of writing to you more
at length and directly upon this matter,
Armstrong, my secretary, that you are
yourself member of the legal profession,
as am, and have somewhat more reli-
ance il my judgment upon this subject for
the reason that for three years performed
the duties of assistant district attorney of
the United States for this district, and was
for four years the prosecuting officer Of
this county, which experience, as you will
readily observe, is of much assistance to
me in arriving at conclusions in matters
involving the commission of crimes
and the punishment of criminals.
All of these dispositions, with the excep-
ton of the proceedings of the ooroner's
inquest have been taken before myself
and Transcribed by our courtlstenographer,
I know the transcript to be accurate, and
have, myself, personally conducted the
examinations. Very sincerely, your obe-
dent servant, @. D. O'BRIEN,
Mayor of st. Paul.
P. S.-Referriag to your conversation
with Mr.. Armstrong, upon which I base
this request, l have the honor to ask that
if you should conclude that the warrant
should be granted that may trouble you
to cause the papers 70 be forwarded di-
rectly to myself, which will obviate the
necessity of my sending the messenger
first to Springfield and after that to Ches-
ter, as can send him more directly by
way of St. Louis.
Enclosed in the foregoing letter was the
following:
I'm the matter of the application of the
governor of Minnesota for the persons of
George Washington and William Nelson
nh NJ in, fba
Chester penitentiary, as fugitiyes from
justice from Minnesota, the charge against
them in said Minnesota being murder.
Brlef.-A conditional pardon may be
issued by the executive of any state, and
the condition may be either precedent or
subsequent. Bishops Criminal Law, sec
ton 76O. Sections 1928 and 4, Ib'
The second letter from Mayor O'Brien
to Governor Hamilton was dated July %,
1888, and is as follows:
''SIR: Some three weeks having elapse
since my secretary, DIr. Arms trong, was
at Springfield with papers for a requisi-
ton for George Washington and Bill Mel
son, convicts in the Chester penitentiary,
and having upon his return, as per your
request, forwarded to you statement Of
the testimony, We have against these men,
and as Governor Hubbard Informs me
that he has not as yet been advised of any
action having been taken in the matter, I
take ths liberty of asking you if you can
advise me- as to what progress has been
made. 1 sincerely trust that you will not
deem me unduly hasty in this matter by
the fact that our next term of court lis soon
to convene and our testimony is somewhat
scattered. 1t would be great favor if
We could have little time to prepare, be-
fore the meeting of the grand jury. In
this connection take the liberty of call
ing your attention to the fact that a
former attorney general of this state,
Hou. Gordon E.COie, and one of our most
prominent lawyers, furnished an opiuion
to the governor upon the question as to
whether conditional pardon could be
granted by the governor. in which he held
that such pardon could be granted. This
opinion is in bound book in the Office of
the attorney general of this state, and I
will send you certified copy of the same
should you desire it.
I duly appreciate the large amount of
public business which is undoubtedly de-
handing your attention, but can not re
frain from requesting that you will give
our matters speedy consideration, as
speedy consideration as these other
duties will permit you and as it's impor-
tance should entitle it to.