The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1888-07-20

tsovcrnor Norehousc of Missouri lS~~,...-
"a Commute the Sentence ~ Nrosk< ala.
maxwell. and rrels~r's Mnrsersr Mu.,
Hang. HUT he q Glsen Cntit August M
% Make 1i~ Final Peace.
JEFrEnsox CRY. Mo-. July is-Ry nina
o'clock this mornins the Governors ~.
fice wns crowded with citizens anxious to
hear his final decision IN the Maxwell
Communication case. Messrs. Martin AMI
fauntleroy were among the first 70 ar
rive. Mrs. Brooks and daughter were
not l,-escnt.
Al fifteen minutes past nine O'Clock
the Governors decision WIS an
nounccd, his private secretary. Mr.. Van.
ties. reading IL. The following Is the FUN
text Of the Governors decision:
N<ssrs John Martin aud r. ~. Frnnffyay.
Afora<gs for m. N. Broots;
GE~TIEMES--f have carefully and thought.
fully examined the case Of ~ NJ. brooks. AHA.
Maxwell ~ u is presented IN the records AID
the decisions IN the several opinions IN ne
courts and justices thereof. | have also list
encd attentiyciy 70 the letters and petitions
10. and against him, and the arguments prc.
sented directly 70 me by you gentlemen.
Ia view OF the zeal and earncstness with
which you have defended your client. deem Il
proper 70 depart from the usual rule in such
cases and give you the reasons why l decline
20 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 10 disclose any sufficient reason
for executive interference. ] know no cause
for this failure other than thai no such reason
Is contained therein.
understand your argument 70 be 10 this
effect: That whether guilty or not per-
son should be allowed 70 suffer the death
penalty in Missouri who has been a. unfairly
tried rs has Brooks." that he has been refused
the only test Of guilt to-wit. a fair ard i'm
partial trial before fair and impartial jury
am not asked 70 determine whether noi
he Is guilty in fact but l am asked 70 deter.
mine whether or not he has been fairly tried.
and II Is alleged that upon such inquiry I vii
nnd that an undue prejudice was aroused By
the press and the populacc IN demanding 81 ne
Jury the bio "a OF the man an expsafiou of
the heinous orcnse with which he charged
that certain instructions were given 70 The
jury that ought not 70 have been given. and
other instructions were not given thar ought
20 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 obtained IN
an improperway, and that 70 other such evil
dcnce the circuit attorney was guilty Of con
duct 50 rcprchensible IN an of-cer Of a court as
10 merit executive ctnsare.
All these points were presented 70 the Sn-
| preme Court and passed upon by that court "
| the only authority properly having power . 70
| II Is further alleged that the popular mind
1 has dcrgone change. that the same press
and people whose uniformed belief led % such
ciamor a. 70 cause unfair action by the jury,
| nov are urgently asking that the methods
| adopted 10 procure conviction be rebuked BY
| me by partially undo.ng what has been accom-
/ Iished
| am no asked 10 punish either the circuit
4 attorney or the detective Dingfcider, but am
4 asked 70 relieve an adjnaged criminal o. the
I punishment prescribed ~ law for the crime OF
1 which he stands convicted. because these TWO
/ persons have incurred the dispieasure OF right
4 thinking people Of the STATE
\ This striaes me as illogical. think any "a
4 reference with the verdict 81 the jury and the
! sentence Of the court IN this case merely .
4 show my disapprovai OF the METHODS pursued
! bv an cfsicer OF the court. would be unwise and
against the best interests OF society prefer
| 70 act by more direct methods
n either the attorney or the witness has been
guilty OF any crime ne should be tired and
punished for ~
tntion OF sentence - vested IN the Governor "
the Constitution OF our State IN broad and ~
eral language. Under u presume 1 might
empty every penal institution IN our state; hlf
certainly Il 4 not the wish or intention q ne
represent that 80 do. They have put This
great ana 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 70 the judiciary alone Ac"-
ordinate branch OF our Government oy virtue
Of his authority 70 pardon he can SCI free. San
reduce or entirely abroga'e punishment
inflicted by the courts ana nnusr
certain circumstances 4 bccomes ~
dafy as well aS HI privilege 70 80 40 n N'.ss
or Injustice il done citizen of Missouri ny ~
courts thereof either intentionally or nninten-
tionailv. and the Governor knew y. ne shout
! correct The error or the crime promptly ana A.
fnl,v A. he can. but ne has no sorf q autfrr''y
over the methods pursued BY me courts e''ne'
generally or in any particular case. III
Ifls the result with which be has 70 o. ~
~, not ~ 4 ru,dc 10 his own actions inquire
whether q trial was fair or unfair in~fni Or ~
lawful That cnty - assigned 70 our ~npr'ms
\ Court alone Ia which our people. ny. w
Guided. have the utmost confidence
conclusions reached In any par
case IN the courts T. raght
witch me defendant should snnrr wv
| IRE crime committed the Executive VII w }.
J interfere n the defendant IN this case kiA'r'
his friend ana companion deliberately ann II
cold blood. prompted by the pases' n'".' '.
ana DO not doubt =. surely he has rees'A' W, y
the scnfence provided by law. and WI Y"
disturb Il Very truly yours.
, ALBERT r. MonrH"rSE
During the reading OF the Governor
4 decision there was deathly stiffness
throughout the room. and disappointment
: sad AID gloomy. was plainly visible !.
the faces Of both his attorneys - w.. !.
the faces Of MANY others who hau nois'
"a hear a different decision.
. It's evident that Governor Mo MOT - ~
I, ali along believed Maxwell guilty. - ~ ~
. crime az which he stands convicted. 4.
= Governors action. however NEE. M.
4 the approval Of the many VINO en'e' ''''e
y the idea Of guilt 49, e.ov
. M. Fauntieroy then addressed nc ~, ~.
b ernor IN behalf OF q respite lot M \, !.
. DAYS Il enable the condemned M"
prepare for death. x-...r !.
4 The Governor inquired II the tasns, N
). brother desired 10 visit Maxwei'l'.lo'~ ...,
IN execution. Mr.. Fauntleroy had ny P',.
Is tive assurance on that subject ~ -
Of posed that he did ~.sris'
>. The Governor finally agreed 70 rss ~, "A
ID Tor four weeks, or until Friday, AnE'.s wv, \.
"a An Official notice Of the respite W. Nm