Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1888-07-19
ais LAsr HOPE ooNr.

At fifteen mipdtes past niue o'clock
| the Governors decision was dn-
nounced, his private secretary, Mr.. Yam.
les, reading II. The following Is the full
text OF the Governors dccisIon
Ksssrs. John Mdrtia and r. ". FmHHroy,
dtoraeys Jor H. NJ Broot';
GENrLEMEN-I have carefully and thought.
| fully examined the case OF II. NJ. Brooks, alias
Maxwell as u is presented In the records and
the decisions in the several opinions In the
courts and justices thereof I have also list
ened attentvely 20 the letters and petitions
for and against him, and the arguments pro-
sentcd directly TO me by you gentlemen.
In view OF the zeal and oarncstness with
which yor Rave defended your client, deem II
proper &c depart from the usual rule In such
cases and give You the reasons Why I decline
20 grant your request
My own examination Of the papers In tho
case, including the record Of the trial, tho
opinions Of the courts and tho letters and pc.
tions, failed 20 dlsolo q any sufficient reason
for executive Interference. I know no cause
for this failure other than that no sucii reason
Is contained therein.
understand your argument 10 be TO THIS
effect; THAT whether guilty or not no per-
son should be allowed 20 suffer the death
penalty IN Missouri who has been rs unfairly
tried as has Brooks" that 'he has been refused
the only test Of guilt to-wit, q fair nrd i'm.
pnrtlnl trial before q fair and impartial iury."
he IA Edlitt IN fact but I am asked 10 deter
mine whether or not he has been fairly tried,
and II Is alleged that Upon such inquiry will
lind that ON Undue prejudice vas aroused by
the press and the populacc IN deinahdihg Of the
Jury the bio I'd OF the man as an bxpntion OF
the heinous onensc with which he was charged,
that certain instructions were given 10 tho
jury that ought not 20 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
bvidehce va admitted and presumably con.
considered by the Jury, vhioh was obtained In
an improperway. aud that 70 other such evil
| doncc the circuit attorney vas guilty Of con
duct so rcprehonsible in nn ofscer Of o court as
10 merit executive censure.
All those points were presented 10 the Su.
preme Court and passed upon by that court
the only authority properly having power so 10
do.
II is further alleged that the popular mind
has undergone n change; that the same press
and people whose uniformed belief led TO such
| clamor Us 10 cause unfair action by the jury,
/ now are urgently asking that the methods
adopted 20 procure conviction be rebuGed by
| me BY partially undoing what has been aecom-
| iished.
am no asked TO punish either the circuit
attorney or the detective, Dingielder, but am
| asked TO relieve nn Rdjudred criminal Of the
| punishment pTescribed ~ law for the crime OF
| which hs stands convicted, because these two
| persons have ihrhrred the displeasurc OF right
| thinking people OF the State,
This strikes me ns Illogical. I think any in
| terfercnce with the verdict Of the jury and the
! sentence OF the court In this case, merely to
| shoS my disapproval OF the methods pursued
/ by an officer Of the court, would be unwise and
| against the btst interests Of society. prefer
TO oct by more direct methods
| " either the attorney or the witness has been
/ guiltysof any crime he should be tried and
punished for It.
| The authority 20 grant pardous and commu-
tation OF sentence Is vested In the Governor by
| the Constitution of our State IN broad and lib
eral Language. Under II l presume | might
/ empty every penal institution In our State; hut
| certainly Il IL not the wish or intention OF the
people whose sovereignty I acknowledge and
| represent that I so do. They have put this
great and important power IN the hands
Of their chief Magistrate without
Instructions, relying, presumably upon his
rood sense and correct purposes preventing
any abHse ~ the power.
The Governor CEii not convict con not try.
| That belongs TO the judiciary alone. CO.
| ordinate branch Of our Government hy virtue
OF his authority To pardon he can set free. can
reduce or entirely abrogate punishment
| Inflicted nv the courts. and under
| tottar circumstances IL becomes his
duty as aei az his privilege 10 50 do. II wrong
or injustice Is done Z titiSen cf Missouri by tho
courts thereof either Intentionally or nninten.
tionaiiy, and the Governor knew 70, hi should
correct .he error or the crime promptly and ~
fully as he eau, but he has no sort OF authority
| 5-e- the methods pursued by the courts either
/ generally ~ ~ nny particular case.
! II is the result VIA ~hirh he has 10 do. no
/ will not as q guide 70 his own nctous inquire
whether a trial was fair or unfair lawful or un-
lawful. That duty Is assigned 20 our supreme
Court alone in which our people, myself In
cluded have the utmost confidence. II tho
conclusions reached in any particular
case IN the courts Is right u
/ the punishment assessed Is tu-t
which the defendant should suffer for
the crime committed the Executive will not
interfere. II the defendant IN this cn-C killed
his friend and companion deliberately and iB
cold blood, prompted by the blsost motives
and do not doubt II, surely he has received
The sentence provided by law, aud Will not
disturb n Very truly yours,
ALBERT p MoREnousE
During tho reading OF the Governors
decision there was deathly stiffness
throughout this room, aud disappointment,
sad AID gloomy, was plainly visible ia
tile faces Of both his attorneys, ~ also N
the faces of many others who had hoped
10 hear n different decision.
II Is evident that Governor Morehouso
all along believed Maxwell guilty Of tho
crime OF which he stands convicted. The
the approval OF the many who entertained
the idea Of guilt.
Mr.. Fauntleroy then addressed the Gov
ernOr in behalf Of a respite for thirty
days 10 enable the condemned man To
prepare for death.
The Governor impaired II the father or
brother desired 10 visit MaxwellIbefore tho
execution. Dir. Fauntleroy had no posi-
tive assurance on that subject, but sup
posed that he did
The Governor finally agreed TO a respite
for four weeks, or until Friday, August 10.
An official notice Of the respite was tele-
graphcd Sheriff Harrington BY the Gov-
ernor's private secretary.
ST. LOUIS, July I2-Maxwell was in
formed of the decision 81 the Governor
almost Immediately asler It's rendition,
but only stopped n game of checkers long
enough 10 read It, evincing no emotion.
A Mon Miner Defends Ills flights. /