Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1888-07-19
HIS LAST HOPE GONE.

1 )
Governor Morehouse of Missouri Decline
to Commute the Sentence of Brooks ALA
MAXWELL, and Prellar.s Murderer Mus
Hang, But He is Given Until August II
to Make His Final Peace.
| JEFFERSON CRY, No., July by nine
/ o'clock this morning the Governors Of
i flee was crowded with citizens anxious to
hear his final decision in the Maxwell
/ communication case. Messrs. Martin and
Fauntleroy were among the first to ar
rive. Mrs. Brooks and daughter were
not present.
! At fifteen minutes past nine O'Clock
1 the Governors decision was an
nounced, his private secretary, Mr.. YAM
ties, reading it. The following is the full
text of the Governors decision:
| Aessrs. John I. Martin and p. ". F.1untlsroy,
| attorneys for II. H. Brooks:
| GENTLEMEN-I have carefully and thought
| fully examined the case OF n. NJ. Brooks. alias
Maxwell, as it is presented in the records and
| the decisions In the several opinions in the
courts and justices thereof. I have also list
| ened attentively to the letters and petitions
| for and against him, and the arguments pre-
| sented directly to me by you gentlemen.
| In view OF the zeal and earnestness with
| which you have defended your client, deem it
proper to depart from the usual rule in such
| cases and give you the reasons why decline
| to grant your request.
My own examination OF the papers In the
case, including the record of the trial, the
opinions of the courts and the letters and Pc
| tions, failed to disclose any SUFFICIENT reason
for executive Interference. I know no cause
for this failure other than that no such reason
is contained therein.
understand your argument to be to this
effect: THAT whether guilty or not, no per-
son should be allowed to suffer the death
penalty in Missouri who has been as unfairly
tried as has Brooks;" that The has been refused
the only test OF guilt to-wit, fair and i'm
partial trial before q fair and impartial jury"
am not asked to determine whether or mot
he Is guilty in fact. but am asked to deter
mine whether or not he has been fairly tried.
and it is alleged that upon such inquiry will
find that an undue prejudice was aroused by
the press and the populace in demanding OF the
jury the blood of the man as an expiration Of
the heinous offense with which he was charged;
that certain instructions were given to the
jury that ought not to have been given, and
other instructions were not given that ought
to have been given; that certain of the jurors
were disqualified from serving on the trial !;
that certain motions were denied, that certain
evidence was admitted and presumably con-
considered by the jury, which was obtained in
dence the circuit attorney was guilty OF con
duct SO reprehensible in an officer of q court as
to merit executive censHre.
All these points were presented to the SUI
preme Court and passed upon by that court
the only authority properly having power so to
do.
It is further alleged that the popular mind
has undergone change; that the same press
and people whose uniformed belief led to such
clamor as to cause unfair action by the jury,
now are urgently asking that the methods
adopted to procure conviction be rebuked by
me BY partially pndoing what has been accom-
Hshed.
am no asked to punish either the circuit
attorney or the detective Dingfelder, but am
asked to relieve an adjudged criminal of the
punishment prescribed by law for the crime of
which he stands convicted, because these two
persons have incurred the displeasure of right
thinking people of the State.
This strikes me as illogical think any in
reference with the verdict of the jury and the
sentence Of the court in this case, merely to
show my disapproval of the methods pursued
by an officer of the court, would be unwise and
against the best interests of society. prefer
to act by more direct methods.
If either the attorney or the witness has been
guilty of any crime he should be tried and
punished for it.
The authority to grant pardons and commu-
tation of sentence is vested in the Governor by
the Constitution OF our State in broad and lib
eral language. Under it I presume might
empty every penal institution in our State; but
certainly it is not the wish or intention of the
people whose sovereignty I acknowledge and
represent that so do They have put this
great and important power in the hands
of their Chief Magistrate without
instructions, relying, presumably, upon his
good sense and correct purposes preventing
any abuse of the power.
The Governor can not convict, can not try.
That belongs to the judiciary alone. A CO.
ordinate branch of our Government by virtue
of his authority to pardon he can set free, can
reduce or entirely abrogate a punishment
inflicted by the courts, and under
certain circumstances it becomes his
duty as well as his privilege to so do. If wrong
or injustice is done a citizen of Missouri by the
courts thereof, either Intentionally or uninten-
tionally, and the Governor knew it, he should
correct the error or the crime promptly and as
fully as he can, but he has no sort OF authority
over the methods pursued by the courts either
generally or in any particular case.
1t is the result with which he has to do. He
will not guide to his own actions inquire
whether trial was fair or unfair, lawful or un-
lawful That duty is assigned to our Supreme
Court alone in which our people. myself in
cluded, have the utmost confidence. II the
conclusions reached in any particular
case in the courts is right, il
the punishment assessed is that
which the defendant should suffer for
the crime committed. the Executive will not
interfere II the defendant in this case killed
his friend and companion deliberately and in
cold blood prompted by the basest motives
and do not doubt it, surely he has received
disturb It. Very truly yours,
ALBERT p. MoREHousE
During the reading of the Governors
decision there was a deathly stiffness
throughout the room, and disappointment,
sad aud gloomy, was plainly visible in
the faces of both his attorneys, as also In
the faces Of many others who had hoped
to hear different decision.
It is evident that Governor Morehouse
III allow - ha1iovod Maywo11 fv off thu
crime Of which he stands convicted. The
Governors action, however, meets with
the approval of the many who entertained
the idea of guilt.
Mr.. Fauntleroy then addressed the Gov
ernor in behalf OF q respite for thirty
days to enable the condemned man to
prepare for death.
The Governor inquired If the father or
brother desired to visit Maxwellfbefore the
execution. Mr.. Fauntleroy had no posi-
tive assurance on that subject, but sup
posed that he did.
The Governor finally agreed to respite
for four weeks, or until Friday, August 10.
An official notice of the respite was tele-
graphed Sheriff Harrington by the Gov
ernor's private secretary
ST.. LOUIS, July 12.-Maxwell was in
formed of the decision of the Governor
almost immediately after its rendition,
but only stopped game Of checkers long
enough to read it, evincing no emotion.
A Montana Miner Defends His Rights.
HELENA, Mont, July 1.-THE Montana
Central expected to have tracks laid into
Butte, ready for running trains through
from Great Falls yesterday, but Monday,
when the workmen neared Gambetta lode.
upon which grade had been established,
John A. Leggatt, owner Of a claim, threat