The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1888-07-20
HIS LAST HOPE GONE.

| % Commute the Sentence Of BROOKS alias
Maxwell. and Preller's Murderer Must
Hang. But He II Givea Until August 10
| to Mako His Final Peace.
JErrKRsoN CITY, No, July 12-By nine
O'Clock this morning the Governors Of.
hear lis final decision In the Maxwell
Communication case. Nessrs. Martin and
Fauntleroy were among the first to ar.
rive. Mrs. Brooks and daughter wero
not present.
the Governors decision was an.
! ties, reading it The following Is the full
text Of the Governors decision:
Nsssrs. John l. Martin and r. W. Fisnt,eroy,
AHoraeys for H. n. Brooss:
0ENTfENES-I have carefully and thought
| fully examined the case of II. NJ Brooks, alias
Maxwell. rs It is presented in the records und
the decisions in the several opinions in the
courts and justices thereof. I have also list
ened attcntivc'y to the letters and petitions
for and against him. and the arguments pre-
eented directly to me by you gentlemen.
IL view Of the zeal and earncstness with
which you have defended your client, I deem IL
proper to depart from the usual rule in such
cases and give you the reasons Why I 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
tons, failed TO disclo e any sunicient reason
for executive Interference. I know no cause
for this failure other than that no such reason
, 10 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
neralty IN Missouri who has been rs unfairly
tried as has Brooks" that ''he has been refused
the only tc.t OF guilt to-wit, . fair ard i'm.
partial trial before q fair and impartial jury
I am not asked to determine whether or not
he is guilty in fact but am asked to deter.
mine whether OF not he has been fairly tried
and 1t Is alleged that upon such inquiry will
find that On undue prejudice was aroused by
the press and the populace In demanding Of the
jury the bio I'd Of the Anan rs an expiatiOn Of
the henous ofense with which he was charged;
that certain instructions were given to the
jury that ought not to have been give1. 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
on improperway, and that TO other such evil
dence the circuit attorney was guilty OF con
duct so rcprehensible in an officer Of q court as
to merit executive censure.
All these points were presented to the Su
preme Court and passed upon bv that court
the only authority properly having power SO &c
do.
1t is further alleged that the popular mind
has undergone q change: that the same press
and people whose uniformed belief led to such
clamor as to cause unfair ~ ton by the jury,
now are urgently asking th,t the methods
adopted to procure conviction be rebuked by
me by partially undoing what has been accom-
liShed.
am no asked to punish either the circuit
attorney or the detective. Dingfeider. but am
asked to relieve an adiudged criminal Of the
punishment prescribed by law for the crime OF
which he stands convicted, because these two
persons have incurred the dspleasure Of right
thinking people Of the State.
This strikes me as illogical. think any ia
reference with the verdict of the jury and the
sentence OF the court in this case, merely 10
show my disapproval Of the methods pursued
by "n officer OF the court. would be unwise and
against the best interests Of society. Iprefer
to act by more direct methods.
II 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 comm;I.
tation OF sentence Is vested in the Governor by
the Constitution Of our State in broad and lib
eral Language. Under it I presume I might
empty every penal institution in our State; but
certainly 1t is not the wish or intention Of tho
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. co.
ordinate branch OF our Government by virtue
OF his authority to pardon he can set free. Gun
reduce or entirely abrogate o punishment
inflicted by the courts, and under
certain circumstances It becomes his
duty as we'll as his privilege TO so do. II wrong
or injustice is done citizen Of Missouri by the
courts thereof, either Intentionally or uninten-
tionally, and the Governor knew 1t, he should
correct the error or the CRIME promptly and rs
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.
It's the result with which he has to do. Hc
will not Us q guide to his own actions inquire
whether q 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 tho
conclusions reached in any particular
case in the courts is right, II
the punishment assessed is that
which the defendant should suffer for
interfere. II the defendant in this case killed
bis friend and companion deliberately and in
cold blood, prompted by the basest motives
and do not doubt it, surely he has received
the sentence provided by law, and Will not
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 aid gloomy, was plainly visible in
the faces Of both his attorneys, as also In
the faces of many others who had hoped
to hear a different decision.
1t is evident that Governor Morehouso
all along believed Maxwell guilty Of the
crime Of which he stands convicted. The
Governors action, however, meets with
che approval Of the many who entertained
the idea of guilt.
Mr.. Fauntleroy then addressed the Gov
.rnor in behalf Of a respite for thirty
lays to enable the condemned man to
prepare for death.
The Governor inquired il the father or
brother desired to visit Maxwelllbefore tho
execution. Mr.. Faurtleroy had no posi-.
tive assurance on that subject but sup
posed that he did.
The Governor finally agreed to a respite
Tor 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,
out only stopped a game of checkers long
enough to read it, evincinS no emotion.
A Montana Miner Defends His Rights.
HELENA, Mont, July 12.-The Montana
Central expected to have tracks laid into
Butte, ready for running trains through