Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-10-23
the Illinois penitentiary until their term is


out.
I have been for long time considering
this case and am doing so yet, consulting
all the authorities aud getting all the ad-
vice from other executives that can, but
on account of the numerous difficulties,
have not seen my way clear to pardon
these men. Permit me to suggest, in Or
der to make your case as complete as you
can make it. that would not at least par
don these men for the purpose of sending
them to st. Paul to be tried for murder
until they were duly and regularly indict-
ed by the grand jury for that crime; nor
could I pardon them until your case is
fully made to comply with our
statute, chapter 1o4, A, entitled pardons.
This statute requires in all pardon cases
four things: First, petition Teciting the
facts; second, statement regarding the
case from the judge who sentenced the
convict; third, statement from the states
attorney-these two are intended as rec
concentrations either for or against the
pardon--and fourth, an advertisement of
intention to apply for pardon. The latter
requirement, however, may be waived by
the governor, and would be properly
waived in this case, but statement from
the judge and prosecuting attorney recon-
mending the action in this case which You
desire would be especially applicable, as
they are proper representatives of the
people who're these crimes are committed.
When these men have been indicted by
your court, and when you have perfected
the application for pardon by procuring
recommendations of the judge and prose
cutting attorney who sent these men to the
penitentiary, then Twill be ready to decide
the question of the power and policy of
my pardoning these men. am, very re-
specially yours.
JOHN NJ. HAMILTON, Governor"
The next letter from Mayor OBrien to
Gov. Hamilton is dated August 9th, and
was in reply to the foregoing letter re-
curing petition to be made for the par
don of criminals, in accordance with the
ststusss of Illinois.
nor of Illinois:
SIR: have the honor to transmit here
with petition for the unconditional par
don of George Washington and VIM. Mel
son, who are confined in the penitentiary
at Chester, Illinois. This petition is made
under the statutes of your state in such
cases provided, and I will esteem it a favor
if you will advise mo what other endorse
ments may be required by the officials of
the city, or aouaty, if any. If you will SO
advise me will see that they are furnished.
AS you have among the records of your
Office the briefs and arguments produced
upon application for the conditionu
pardon have not deemed
it necessary to accompany this petition
with any. The time when our grand jury
will convene is near at hand ana it is de-
sirsble that you should give the matter
your attention at as early date as you can
consistently with the discharge of your
other public duties.
If you will have the kindness to advise
me as to your action upon this petition, L
will esteem it favor, and should you con-
cluds to grant an unconditional pardon o.
a continuation of the sentences, l will send
my officers with the agent of this stats to
Chester at once.
Very respectfully.
@. d. O'BRIEN, Mayor Of st. Paul.
The next letter from Mayor O'Brien to
Governor Hamilton is dated August y,
1888, and is IS follows:
To His EXcellency, John y. Hamilton,
SIR: have the honor to acknowledge the
receipt Of yonr esteemed favor of the 11th
instant, with my thanks. Permit me to
express my regret that have to trouble
you SO much with this matter, and to plead
as an excuse the great interest taken by
our citizens in the prosecution of these
men to final conviction. I have the hon
or to request that your department will
advise me of the names and addresses of
the Judge of the court and the prosecuting
attorney before whom these men were
trisd in Alexandria county; also, that you
will cause to be returned to me the testi-
nony presented to your exceliency upon
the application for requisition, in order
that the same may be used in making
application to the judge and prosecuting
attorney. Speaking under your favor,
desire to suggest to your exceliency that
the right to commute sentence is abso-
lutte and That the defendants could not re-
ject it. 1t is my intention to proceed in
the manner provided by the statute and
make an effort to procure the requisite
endorsements from the judge and prose-
cutting attorney if possible, after which [
will take the liberty Of calling your ex-
cellency's attention to the matter again.
Thanking you for your politeness and
the attention which you have given this
matter, remain your obedient servant,
G. d. O'Ba1EN, Mayor of st. Paul.
The letter written by Mayor OBrien to
the judge who presided at The trial was as
follows:
ST.. PAUL. Sept. 10, 1888.
Hon. David J. Baker, Carlo, ILL.,: 1 have
the honor herewith to transmit to you GER
tain dispositions and copy of the testi-
mony taken at the coroner's iuquisition on
the body of one Daniel O'Connell, one OF
our policemen, who was killed in this city
by two persons named George Washington
and VIM. Nelson, sometimes known as
VIM. Underhill. After g long hunt by our
Officers, and great expense to our city,
these 1nen have been discovered in the
southern penitentiary of your state, located
at Chester. Both of these men were tried
before you and we're convicted, one SEN
fenced for seven years and the other for
three. We are particularly anxious that
these men should be brought to this city
and tried for their crime, and from the
character of the testimony against them
we have, in our opinion, sufficient to cause
them both to be indicted. Before we can
get them here upon requisition it will
be necessary tor US to procure pardon
for them from Governor Hamilton, and to
this end special messenger was sent to