San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1888-12-14

AS briefly announced in the LIGHT,
Dick Brannon, who was serving life
sentence in the southern Ul,pols peni-
Tertiary for mail robbery, has been
pardoned by President Cleveland.
Dick was "sent up" for robbing the
post office at Smithville, Burnett
county, Texas, in which it was said
that Dick participated. He had q
tough reputation and was one of the
| Pitts-Yaeger gang that murdered poor
| Hal Costing. There were eight wit
| nesses of doubtful repute to prove an
alibi at the trial, but Postmaster Cox
| testimony was inclusive and could
| not be shaken. Upon this, mainly,
| BrannOn was convicted.
Last year friends of Braunon began
| working for pardon and placed the
matter in the hands of Col. L. n. Wal
| thall, Of this city. A petition was got
| up signed by 81 well known citizens,
among whom were George Paschal,
| eX-Colle ctor Ramsay, Justice j. B.
ChavagneuX, and that petition was
sent to representative J. ID. Savers.
In his letter Col. Walthall said that
Dick Brannon was innocent and that
the real robber was his brother, Joe
Brannon, who had confessed and who,
as letters proved, proposed TO give
himself up rather than allow his
| brother to suffer for the crime of which
he was guilty Joe, however, was
| wanted himself. and after long chase
the officers caught up with him. Joe
resisted capture and was shot to
pi, ,es before he could make formal
confession generating his brother
Richard
U. S. District A ttorney Kleberg,
who Investigated the charge against
Ditson for the same offence, said that
although Postmaster Cox was positive
as ID Richard Braunon's identity as
| one of the lObbers, he was persuaded
that Dick Brannon was innocent of
participation in the crime.
Mr.. w. Splitter, Clerk of Burnett
county was, however satisfied ofDick's
guilt and asked Mr.. Sayers to oppose
the release.
Tne papers were all filed in the de-
parvment of justice, and in reporti
| thereon to President Cleveland, Judge
a. r. Boteler, pardon clerk, says:
There was evidence II show that
| he was more than SEQ miles away at
the time from the place of occur
renee" He then quotes the opinion
of United States Attorney Kleberg,
to the effect that he was strongly i'm
pressed with Brannon's innocence.
| Extracts from Walthall's letter, in re-
alton to the written confession of Joe
| Brannon and his avowed intention of
| surrendering himself as the guilty
| party, are also incorporated in the re-
port. Col. Walthall is also quoted as
| a highly respectable gen tleman who
|
dead, in which he declared his inten-
ton to acquit Richard Brannon
of the crime; that he knew Richard
was not there, but he would by
falsely accusing him get the officers
on the wrong scent. "On the other
hand" continues the report to the
Judge, COX. the post master, is said
to be LlosG excellent old man who
would not knowingly make a mis-
statement; and he persists he was
not mistaken when at the trial he
| identified Richard Brannon as one OF
the robbers Of his store and the post
| office. But the friends of Richard
| BrannOn claim that it is a case of
| mistaken Identity; that the post mas
te" must have taken Joe for Richard,
and that srch a mistake might readi-
| ly occur to man of CoX's age, he be-
inE So years of age at the time of the
trial, and never having seen Richard
Braunon before and never after the
robbery except on this trial.n
| under the circumstances which
surround this case" concludes the
report, There certainly are some
doubts as to Richard Brannon's guilt,
and bis friends naturally claim thai
he is entitled to the benefit of that
doubt"
This matter was pro forma referred
to the att rney general, and after ex-
aiming the papers, he endorsed them
as follows:
''As this man has already suffered
nearly five years Imprisonment, and
as there is great doubt as to the iden-
THY of the man with his name who
committed the act. am willing and
do recommend that he have the bene-
fit Of that doubt and be pardoned,
"A. H. GARLAND
In due course the papers came be-
fore the president and were by him
autographed as follows:
The facts presented in this case.
and the opinion expressed by the dis
trict attorney to the effect that he is
impressed with the belief that this
convict is innocent, caused me to fear
that the conviction of this convict is
based upon a mistake of his identity.
&c. C.n
This settled the matter, and par
don was issued in favor of Richard
Brannon, who is now at liberty.
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