The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1884-06-19
The council here again rested.
Mr.. Carver. Of Salina, on behalf Of
one thousand citizens OfSaline county,
presented the following:
4
sALINA. Kansas. Jane Z. -.


presented the following:
REzoNsTRANCE:
SALINA, Kansas, June Z, 1854
10 EfTs ErcsReney, Geo. w Glfek:
We, the undersigned, residents and
taxpayers Of Saline county, Kansas,
REGARDLESS Of affiliations W0ald most
respectfully protest against the par
don Of w. III. Sweeney, Jacob Mugier,
VIM. Huebner, Gustav. Behr and
Peter Mugler.
Said persons were convicted after q
full, fair and impartial trial by q Jury
regularly drawn and were defended
by able counsel. The hne imposed
upOn every one Of the said persons
does not exceed the sum Of $50 and is
within the easy reash Of all said petit
ti0ners for pardon.
The violation Of law by the said
persons has been open defiant and
carried on with the utmost disregard
OF social deceney and order.
That w. HSweeney and Wm.Hueb-
ner were previously convicted for a
like offense In said county that upon
a promise not 10 again engage In the
business in the violation OF law the
fines and penalties Of the former con-
victiOns were suspended.
Said persons have combined tOgeth-
er and openly declared that they
would not pay q dollar Of fines and
costs thinking to east the costs Of the
prosecutions upon the county and
thereby bring the enforcement Of law
into disrepute.
The pardon Of these persons whose
guilt il without extenualiOu or excuse
would tend to bring our courts Of ius-
tice into contempt, put stigma upon
our community and State. and "a l,re
miuiu upon cFime.
For tAese reasans aisd many 9th, IS
that most sugges themselves o
your eXceliency we respectfully IA. k
tliai tlic above NAMED per-uus be NOS
pIrdourd, and against their pardon
We will ever earnestly reInunsifaie.
tie also pr, s-lhed reIuOnstranee
signed bY twruiy-faur ministers. who
dwell upon the evils that would arl-s.
from the par,lOning of these men aud
the consequent opening Of tile suluons
Saiina being the seat of college
which gathers students from all parts
OF the state, becaitse OF it, being n
temperance town.
Mr.. Carver relegated to the Su-
preme court the argument Of Mr.
Waters, where the Foster case will
come up again in July. He briefly
and clearly showed that those men
were old offenders, possibly with the
exception Of Tressin, and that they
had before been convicted and let Off
on their promises to refrain from sell.
ing liquors that the Jury was COM
posed in each case Of men distributed
between prohibitiOnists and anti-pro-
hibitiOnists that the latter, under ex-
animation, were opposed to the law,
but they believed in enforcing the
law; that one Of the Hypothetical
prisoners was selling liquors up to the
time Of the trial aud during Its pro-
gress, according to the sworn testimO-
ny of an emplOye; that one of the pc
titiOners had kept a vile place, where
men had been made drunk, aud then
enticed into "A gambling room and
robbed that one of the petitioners
had been convicted before of serious
crime. Clearly and forcibly Mr.. Gar
yer gave reasons Why they should not
be pardOned that in addition TO the
Ofiense for which they had been con-
victed, each and every one had been
guilty Of perjury IN the affidavit made
by them. II they could be prevented
frsm selling liquors, he had no Oh
lection to their pardon, but they had
been tried aud found unworthy of he
lief. The Governor 5 could pardon
them from the fines Imposed, but b e
could not relieve them from the bonds
for good behavior.
GeY. Glick-"DO YOU mean TO say
they can be confined for two years IL
they refuse or are unable to give the
required bonds ?"
Mr. Garver-'I do. The statutes
say so unequivocally."
Gov. Gliek-"Then a man can be
confined for life?n
Mr.. Garver-"NO! The Governor,
II he believes the sentence unreasOn-
able, can pardon him. But the Gov
ernOr has nothing TO do with Offenses
not yet committed, and cannot par
don for future crimes, 10 be commit
ed. This is settled, and we make no
argument on this"
Closing, Mr.. Carver showed the
character Of the petitioners, their
banding together 10 resist the law,
and their purpose to stand by each
other In refusing TO pay anything,
trusting the Governor would pardon
them. On this they builded.
A remarkable feature Of the trial
was the arraignment of the Supreme
Court by Mr.. Waters, who denOmi ma
ted It a political machine, and cor
rupt and venal-nUt In these exact
words, but in language 50 unmistaka-
BILE. and in detail, so that even his
colleagues were astOunded.
This remarkable trial was suspend
ed until the 2Oth, in order to give
Judge Prescott an opportunity to an
sWeT 10 the charges made Of unfair
ness and prejudice! A Governor as
sunling the prerOgatives Of the legis-
lature and inpeaehing one Of the dis
trict Judges OF the State. From the
questions asked by Governor Click Of
the attorneys, there is no doubt about
the final result, a. they all lead TO
one pOint-a reason for granting the
psrdOns prayed for. It will be a mat
ter Of only a short time when these
six men will be released from the hy-
pOthetical Imprisonment they are now
A full report of this
trial cbrffld fta Eanf for tho fuefrupffou