Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1884-08-17
nccIines 10 Accent n Pardon.

A Galveston special says: Emil Fran
co.'s. who was convicted at the July term
Of the District Court OF Travis county in
1870 Of unlawful marriage, and sentenced
TO the penltentiary for five years. and who.
after much litigation through the various
State and Federal courts, finally succeeded
in getting hearing on writ OF hdbeQS
corpus before Uunited States District
Judge c. Il. Sabin, Of this city, only TO be
checkmated by a pardon from the Gov
ern0r, declined to accept the pardon on the
ground that il did not restore him to FULL
citizenship, rs represented by the respond.
Dt, Thomas j. Goree, superintendent of
the penitentiary. Through his attorney
nc has petitioned the United States
District Court Us follows: That he had
received u duly certified copy OF what
purports 10 be pardon from his Excel
lency John ireland, Governor OF Texas, in
lieu Ct the pardon promised in the re-
spOndent's amended return filed on the
nth; that She said instrument received is
not a full pardon, as was represented In
the amended resurn. and the relator cam
not accept, and hereby declines said par
don, preferring rather to rely on the iudg-
ment OF the court rendered on the l1th. on
the final hearing OF his application, as the
best evidence OF his liberty and citizen
ship. and prays the Court 10 order the
clerk to issue TO him q duly-certiticd copy
OF the final judgment herein. Francois
made oath that the foregoing motion repre-
sents his views and wishes, and the facts
sci forth in said motion are true, attached
10 which is the pardon Issued by the Cow
eInor, which is as follows:
THE PARDON.
To all whom these presents shall come:
Whereas, at the July term, 4, -. 1879, in
the District Court OF Travis county, State
Of Texas, Emil Francois was convicted OF
unlawful marriage and sentenced to i've
years IN the penitenuary, now, therefore,
!, John Ireland, Governor OF Texas, do, by
virtue OF the authority vested in me by the
Constitution and laws OF this state, hereby,
for the reasons now on file in the Office OF
the Secretary Of S;ate-tO wit, this mans
time is nearly out, and the Federal iudciG-
~ have determined 10 release him unl1w-
fully, az think; and as there is no way TO
prevent it, believing that such decision
would be detrimental TO the public service
in Texas, said convict is so far pardonedas To
release him from imprisonment. but no fur
Their. He Is not restored TO citizenship or
rs witness. In testimony whereof have
hereto signed my name and caused the seal
OF the state to be affixed at the city OF Aus.
tia this 9th day Of August a. ID. 1884.
JOHN iceland,
Governor OF Texas.
The pardon is properly certified to by the
Secretary OF State, and with the petition OF
the relator and Governors pardon made up
the record in the case.
ORDER OP COURT,
The following order was entered in the
case:
In re. Emil Francois, relator; habeQS
corpus. Upon hearing OF the motion OF
Emil FrarcOis, relat0r in hdbedS-cOrpuS
case, and filed August II, 1854, ordered
that certified copy Of amended answer or
return Of Thomas J. GorCe, superintendent
OF the penitentiary OF the state OF Texas,
filed August IL, 1884, and OF the order OF
couIt thsreupon made, be made over and
delivered TO the said Emil Francois.
The gist OF this order was as follows:
That the said Emil Francois was released
sud restored TO liberty and citizenship.
There are two opinions as to the result OF a
verdict IN the prisoners favor in this case
One 10 that all that they can hope TO gain Is
hls freedom: that II he was in the penlten-
tiary illegally he was not there at all; that Is
10 say, such is the view the law would take
of it. On the other hand, il is cOntended
that the prisoner will have redress nj law
against those who restrained him OF bis lib
erty Illegally, sDd may demand at least pay
ment for the entire time OF his service,
some four years. while so restrained.