The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-11-20

and that there was money in the room easily ac-
eessible; and tas view Of the locality viii
show be might quite likely. have approached
the premises on The very line shown by these
tracks If he were, too once in the house.
and near the mantel. which | have referred
to. where the eight dollars rent meney was,
and the wife mad awaked. so as to make it likely
she would scream and bring upon him the pris
oner, or the prisoner and the hired man, before
he could hope TO make sure escape, might he
not take the poker, then by the stove and within
arms reach, and inhct deadly blow to secure
silence and safety of escaped Besides 1t is not
quite easy to understand how fresh COW litter
from the stable. which shown to have been
found on the prisoners shoes, could
have been found on the shoes if he
had made these tracks through cruste6 snow,
four inches deep. distance of more than hun
dred feet And il would seem, also. that shoes
covered with fresh COW litter would have stained
these tracks in such manner as to excite re-
mark but no witness mentions the fact OF their
being thus stained. AS TO the tracks fitting
the prisoners shoes, though the evil
dence is very impressive, everybody
must know the great difficulty Of making a
trustworthy test of this sort, and everybody
familiar with this class of Evidence knows how
ENTHUSIASTICALLY it often il, honest as the witnesses
may be land do not ut all question the integri
ty of any OF theml when it is made under pre-
c0uceived belief OF the guilt of the accused
''There have been five executions forrnurder in
this State since have held my present office. In
each case / refused to grant pardon or to
commute the punishment. In the present case,
though have high respect for the jury that
tried the cause. and for the judge who presided
at the trial, cannot help being greatly moved
by unanimous recommendation of com
mutation from the judges of the highest
court in the State, by a deliberate and
anxious expression from so many of our
best and most respected citizens and
by the protestation OF the prisoner of his
Innocence under the strongest pressure to make
him avow guilt And, independent of all this, l
am constrained by most careful study of the
testimony to entertain such a belief that, though
the Circumstances against the prisoner seem very
strong, it may stiil be possible that he is inno-
cent that cannot take upon myself the dread
responsibility of allowing him to suffer the pun
ishment of death. l have, for these reasons
committed his punishment to Imprisonment for
life"
This morning, shortly before, / o'clock, the
news of the Governors Communication of Che
death sentence was communicated to
reporter When the turnkey approached
his cell, Kerner who was lying awake
inquired, ''Have you come to let me outi" When
he was told by the reporter that the Governor
had committed his sentence, without manifesting
any surprise of gladness, he remarked, Yes"
The turnkey suggested that maybe the prisoner
did not understand what was meant Yes; l
understand" Kerner replied.
well, what do you thinkW he was asked.
what do thlnkp said K9rner, leaning back
in his bunk on his elbow, hesitatmg in his an
swer well, think that it is not right that an
innocent man should be kept locked up" The
words were uttered without any expressiveness
of countenance. In further conversation he re-
peated his often reiterated assertion that he had
always treated his wife well, that he had worked
hard and that be had done nothing wrong. He
- 4, i.
Saturday, since he had been ont in Jail. He
said nothing about the sentence of life-imprison-
ment, and, as the reporter and turnkey withdrew
from the CELL he thanked them.