The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1886-10-13
poYooTTERs PARDoNEp,


night rendered a decision, favorable to
the prisoners, in the matter OF the sppIl'
cation Tor executive clensncy in behalf
OF Michael storh and several Others, the
New York boyCotters, In the course Of
his decision the Governor says:
"These prisoners were convicted for vic,
lation OF sections Boz and b5S OF the penal
code and sentenced respectively to I'M
prisonment in the State priGon Tor forms
yaTying from one year and six months 10
tbree Years and eight months. The oltsn'
sps grew out OF boYCotting, Bo'called, but
the techinRI charge under the penal code
WAS 'ertortion,' II being alleged the money
which was paid 10 the Union Of which
the prisoners we're members 40 9 condition
OF raising the boycott was WIonetul!y
iextortedF by thom from one Theissr con-
trary 10 law, II Is urged before me, by
the Counsel for The pAsonerP, that the In
dictments were deieCtiYei thSt hlapy q,
rors we're committed by the court and
that the trials we're unfair and Illegal
These are legal controversies with which
the Executive has nothing to do. 1t Is
not deemed the province Of the Governor
to review the legal questions raised upon
q criminal trial.
iii must he conceded that the proseCu'
tion was novel in its character, and these
were the first convictions Of the kind in
this State. 1t may be safely stated that,
prior TO these convictions, 1t had not been
generally understood that such acts as
were committed by tho prisoners cOnsti-
tuted crimes under the penal code, no
court had 30 adjudlcated them, and the
prisoners were not learned In the law, but
we're plain workingmen, getting their
ideas OF law from the general speech OIL
tho people. It's difficult to resist the con-
cluslon that the prisoners, in what they
did. had no idea that they were violating
any law OF the State, and that they acted
| in good faith, although mistaken and un'
wisely.
at appears that persons who had been
arrested Tor the commission Of almost sim.
liar acts had been previously discharged
from arrest by the Police Justices Of New
York, on the ground that such acts did
not constitute an olense, and these prison.
era had learned Of such rulings. From
the evidence on the trials, and upon the
papers submitted to me, there cannot be
much doubt that these men honestly be-
lieyed that their unions were Justly emit.
tied, as part OF o settlement, to BIO tetm'
buTsed by Theies for the expenses Of the
hoyCott. 1t Ia true that ignorance Of the
law il no legal excuse for crime. This 10
the technical rule but nevertheless an
honest mistake Of tho law has always been
held to be q strong mitigating cirCum-
stance and goes far toward excusing the
act.
"Thore aro many other mitigating cir
cumstanCes which seem 10 render ExeCu'
tive cenency peculiarly appropriate.
The prisoners, prior to their conviction,
were men Of good reputation and Conced.
eddy honest. They were neither Social.
lists nor Americans, but were respectable
and industrious workingmen and this was
their first offense. 1t is clear that they
are not bad men at heart, and do not be-
long to tho criminal class. They may
have been misguided and misled into
foolish and criminal action; but they in
tended no wrong. There was, appar.
emily, no felonious intent. There was,
seemingly, no corrupt purpose. All the
circumstances tend to retute the presump'
ton that they intended To take what they
did not believe they had right to
take as representatives Of their IN.
ions. Although they were legally
wrong, as the law has since been in.
terpreted by the Court, yet their ignor-
anCe OF the law, or their mistake Of 1t, IN.
der these circumstances, deprives their
acts Of much Of the enormity that other.
wise might be claimed to attache to them.
Misguided men may combine together
and act ioolishly, reCklessly and outrage
ously, and make demands which cannot
be regarded as arbitrary and destructive
OF all sound business principles, and
really inimlCsl to their own best welfare
yet It may be questionable whether such
conduct, although deeply to be regretted
by all good citizens, and though held for
the FIRST time by the courts TO be a viola.
ton Of sone statute, can be regarded aa
deserving q long period OF degrading i'm.
prisonment in q State prison.
"The trial took place at a time Of con.
siderable excitement, incident 10 labor
difficulties, when strikes were pending
and threatened, and 1t is possible that the
motives Of the prisoners were somewhat
prejudiCed, Nevertheless tho convictions
have been duly had, when evidence held
sufficient 10 Justify them, by court OF
competent jurisdiction; and, not having
been appealed from, they must be deemed
also conclusiVe OF the guilt Of the prison.
ers. But q shortening Of their terms Of
sentence Ia no reflection upon the verdict!
II Is no reflection upon the Judge, District
Attorney or jury. They were Obliged to
prosecute and determine tho cases upon
legal grounds; and they unquestionably
did their duty. Executive Clemency Is
not exercised upon legal eroundp, or within
strict legal rules, but upon the broad con.
sideration Of equity, mercy and sound
public policy.
Neither Is the extension Of Clemency 10
be regarded as an approval Of the acts Of
which the prisoners have been convicted.
Such acts have been condemned, and the
verdict expressing such condemnation re-.
mains In all It's integrity. The law has
been vindlCAted, II would seem as though
II had been sufficiently vindiCsted by the
convictions and the punishment which
the prisoners have already Undergone
The effect Of these convictions will DO no
greater by keeping theBe prisoners longer
Imprisoned. The enforcement OF tho law
has already demonstrated that acts such
as these persons committed are
disapproyed. by tho community,
and by the law itself, and
they must cease. II 10 believed that the
laws upon this subject, while they remain
upon the statute book, will hereafter DO
faithfully obeyed. Assurances have been
given the authorities that such course
will DO given by the various labor organi.
SatlonS interested In tho release Of the
pfisonetg.n
In conclusion, the Governor decides To |
commute tho sentences Of these prisoners
to 100 days imprisonment In the State
prison, "belleyihg that the ends Of Justice
and The best interests Of the country will
DO stb1orVed by this act" The 1O6 days
expired to-day,
Can't sleep nights 10 the complaint Of
Thousands suffering from Asthma, Con.