Daily Los Angeles herald., 1884-03-27

As there appears to be considerable
newspaper criticism on the action OF Ger.
tain gentlemen in this city for signing
petition TO the Governor for the reprieve
Of Mcdowell, convicted of murder in
San Bernardino county, it may not be
improper to make a statement of the
reasons which actuated these gentlemen
to do that which appears to have pro-
longed McDowell's life for four days.
On Saturday morning, March 22d,
Mr.. Alexander T. Bell came into the
Office of the writer, accompanied by Mr..
Gard, and made statement. which he
afterwards embodied in an affidavit, for
tho purpose Of obtaining a reprive, If
possible, for Mcdowell. Mr.. Bell, in
his affidavit, states that Mcdowell was
his step.son. and that some weeks before
Rosa Mcdowell. the wife of VIM. Nc
Dowoll. the alleged murderer. had vis.
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him detailed statement of the murder
Of Maggie OBrien. in which she
showed that Mcdowell was not
the principal but an accessory after the
fact, she being herself the murderess.
This confession she stated she was desir-
GUS to put in legal form, that he tele.
graphed to Byron Waters. Esq, Of San
Bernardino, McDowell's attorney, who
came over to this city accompanied by o
shorthand reported to take the woman's
confession, that she appeared before
Waters, but learning that her con.
fession might hang her she concluded
not to make it. Mr.. Bell in his affida-
Wit stated fully all the details, Of which
the above is summary. Mr.. Gard also
informed the writer that there was good
reason % believe, from facts known to
him, that If . reprieve from the death
sentence could be had that it could be
shown that Mcdowell was at most but
On accessory after the fact. I then
wrote the petition to the Governor re.
questing in the name Of common human
ity reprieve for thirty days, ill these
faets coull be investigated.
The petition was signed by Mr.. A. W.
Potts, Thos. B. Brown, Stephen NJ.
White, A. T. Currier, Geo. e. Gard and
John F. Godfrey.
The siguers Of the petition were actu.
atsd. as ! believe, by the simple dictates
Of humanity. II Mcdowell was exc
cuted no subsequent proof of his inno-
cence could bring him back to life or re.
turn to the grief.stricken and innocent
mother her son. The reprieve could
only delay for short time the execution
of the death penalty If there was no
foundation for the statement Of Rosa
McDowell's confession and the ends Of
justice would not be defeated The law
provides that twelve men must agree to
convict man for murder but we find
by referring to the decision Of the Su-
preme Court that the Judges disagreed
~ to the legality Of McDowell's convic.
tion, Mr.. Justice Sharpstein be-
ing Of the opinion that Mcdowell
was never legally convicted. Under
these circumstances, the signers
Of the petition felt that they
would neither outrage law or defeat
the ends of justice by asking for tenn
porary reprive. They simply acted as
merciful men would naturally act, and
did not expect that their act wonld meet
with public oensure. But whether it
would or not, the signers, knowing what
they did was right, would have done the
same even had they known the conse-
quences to follow, and l do not think
that any one Of the signers of that petit
tion are to-day sorry for what they cid.
Very respectfully,
j. F. GoDYRRY.