Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1885-09-23

The Governor and Council Vote T. Com.
mate his De 1aenee.

The Governor and Council Vote 70 Com.
mate his Sentence.
The Council, in executive session yesterday,
voted by q strong majority to commute
the sentence of Oscar E. Blaney, the
kittery murderer, and partner in
crime of Mrs. Barrows, from death to i'm
prisonment for life. 1t will be remembered
that at the last session of the Council hear
ing was had on Blaneys case, Geo. C.
Yeaton, Esq, his counsel, asking mercy, on
the ground that Blaney had given States
evidence. The following letter from Judge
W. Writ Virgin to His Excellency. favoring
clemency,w was read:
AUBURN, Sept. 81, 1885.
To the Hon. Frederick Robe Governor of
Maine:
l have the honor to acknowledge the re-
ceipt of your communication, wherein | am
requested to ''give TO the Executive Council
such judicial information and advice as may
seem to me proper" in relation to the petit
ton of Oscar E Blaney pray ing for a COM
mutation of his death sentence to imprison-
ment for life.
When the hearing took place before the
Governor and Council, l was absent from
home and did not then see the communica-
ton Of Atty. Gen. Cleaves; but since the re-
ceipt of yours, have carefully read and con-
sidered it, and hardly need do more to COM
ply with your request than TO express my full
concurrence in his exhaustive statement of
the facts and of the law.
That Blaney's testimony was full and true
in all its material parts, no intelligent person,
l think, who saw and heard him testify,
will question. The able and experienced
counsel of his accomplce did not attempt to
challenge it by any motion to set aside the
verdict which rested so largely upon it. He
testified unqualifedly that his own hand per-
petrsted the killing in all its cruel details,
without even a suggestion that his accomplice
took anv immediate part therein, save by her
presence, aiding and abetting him. II he had
desired to suppress the truth, and had had
brains enough, which | sincerely doubt, he
could have readily made her the active prin-
cpal, at least. in dscharging that last shot
which, in the language of the testimony
finished Barrows." But his appearance
upon the stand, his evident frankness, the
simplicity and fulness of his testimony, salts
fed me, as it obviously did the jury, that he
kept back none of his own connection with
the crime. And having, after the fullest
caution by me, thus voluntarily testified
as (what he claimed, for the re-
lief to his own feelings) privilege,
the whole truth, without any promise or sug-
gestion of mercy, | think he shortly became
las some courts have expressed it, eouitably
entitled to recommendation for some
mercy.
am aware that not infreoueptly. under
somewhat similar circumstances. the public
prosecutor has considered It his duty to with
hold such a witnesses case frcm the grand
iury. or, if an iudictme Mt has been found, to
stop further proce. dings against him, after
he has satisfactorily testified to the whole
facts in the trial of his accomplish. by enter
ing mol pros But by such practice the
witness goes .sunwhipped of Justice" and re-
tires with the reflection, perhaps, that he sold
his treachery for a good premium, and that
he is therefore free, if not ready, to take a
similar risk should revenge. or some adyen-
ture apparently promising a better paving
inducement present itself And in Rlaney's
case the Attv. General had the mower at least