The Forrest City times., 1888-07-21
MAXWELL MUST DIE.
The Governor Refuses to Grant a
 Communication.
Last Hope of the Little chlo-ofcrr'er Dashed-Hanging Deferred urtii August to--Mrs. Brooks and
 Daughter Frostrated.

JEFFERSON ClTy. Mo. July 12-A large crowd assembled in the Cover "or $ office this morning in anticipa- ton of decision in the ease of Hugh NJ Brooks, alias Maxwell. Standing room was at premium. The Cover nor occupied a seat at his private desk, and nefyously examined n pile of let ters and telegrams His private sec retary was busily engaged in copying document, which afterwards proved to be the Governors opinion. A few minutes after9 o'clock the Govefnot announced that he was ready to de- termins the case, and Private Seere- tary Yantis at once commenced read ing the opinion, which is as follows.
 tHK DEo,st0S.
 Messfs. JohnI. Martin and P, W. Fauntle- roy, Attorneys for II. N. Btosks-GETTtE- MEN: have carefully and thoughtfully ex- amined the case of II. M Brooks, alias Maxwell, as it Is preserved in the records and decisions in the several opinions of the courts and the justices thereof. l have also listened attentively to the letters and pet-
  ments presented directly to me by you gen tlemen, In view of the zeal and earnesiness with which A Gu havc defenhcd ytur elicit, 1 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 bf The papers in the case, including the record of the trial the optnions of the courts and letters and petitions. filled to disclose any sufficient reason for execu- tive Interference. 1 know no cause for this failure other than that no reason is con tained therein. 1 understand your argument to be to this effect; That, whether guilty or not, no person should be allowed to suffer the death penalty in Missouri who has bean as unfairly tried as Has Bfbgks;' that, The has been refused the only test of guilt, to- wit: A fair and impartial trigl before fair and impartial jhty.n l am nEt asked to de- termine whether or not he is guilty, in fact but am asked to determine whether or not he has been fairly tried, and it is alleged that upon such inquiry l Will hnd that an undue prejudice was aroused by the press and tho populace in de- manding of the jury the blood of the man as an expiaticn If the heinrus uffenee with which h6 wRs charged that certain instfuc- tions 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 If ths 1ufors were dis qualified from serving on the trial that cer- tain motions were denied, that certain evi- aence was admitted and presumably con sidered by the jury, which was obtained in an improper way, and that no other such evidence the circuit attorney was guilty oi conduct sa reprehensible in an officer of a court as to merit executive censure. All these points were presented to the supreme court and passed upon by that court, the only authority properly having power so to do. Itis further alleged that the popular mind has undergone change, that tne same press and populacs 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 con viction be rebuked by me by partially un- doing what has been accomplished. l am not asked to punish either the circuit -attor- ney or the detective, Dingfelder, but l 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 yeople of the State. This strikes me as illogical. l think any inter ference with the verdict of the jury and the sentence of the court, would be unwise and against the best interests of society. pre- fer to act by more direct methods. II elthef the circuit-attorney or the witnesses has been guilty of any crime, he should be tried and punished for it.
 The authority to grant pardons and com. mutations of sentence is vested in the Gov ernor by the constitution Of our State in broad and liberal language. Under 1t presume might empty every penal insti tuition in our State, but certainly 1t IS moi the wish or intention of the people whose sovereignty l acknowledge and represent that | so do. They have put this great and important power in the hands of their chie1 magistrate almost without instructions, re lying presumably upon his good sense ano
 t~saI.t aaff h power. The Governor cannot convict can not try That belongs to the judiciary alone a coordinate branch of our government By virtue of his authority to pardon he car set free, can reduce or entirely abrogate { punishment assessed by the courts, and un der certain circumstances 1t becomes his duty as well as his privilege so to do If ( wrong or justice is done citizen of Missour by the courts thereof, either Intentionally or unintentionally, 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 pur sued by the courts either generally or II particular cases. It is the result with whicf he has to do. He will not, as guide to hi, own action, inquire whether a trial was fail or unfair lawful or unlawful, That duty i. assigned to our supreme court alone, II which our people, myself included have th' utmost confidence If the conclusions reached m dDA tdSt III tlt tOhll are right if the punishment assessed is tha which the defendant should suffer for thu crime committed. the execution will no interfere If the defendant in this case kille, his friend and companion deliberately an, in cold blood, prompted by the bases motives, aud 1 do not doubt it, surely h. has received the sentence provided by law And will not disturbit Very truly yours
 ALBERT P. MoKEHousE.
 FOUR WEEKS OF LIFE.
 As soon as the result was fully com prehended the crowd commenced t file out of the office rapidly. Whei quiet was restored, Mr. Fauntleroy ad dressed the Governor briefly in rela tion to granting stay of execution He said that the last hope had nov vanished and Brooks must meet al awful and ignominious death up on the gallows. The last avenue fo an appeal in behalf of justice wa closed. He had relied upon and be lieved that there was merit connecte, with the application and had conf dently expected a different ternina ton of the case. Unless stay of exc cution was granted, Brooks would b hanged in something like twenty-fou hours. He expressed the belief tha Brooks father would visit him if tn, date of execution was postponed, an, referred to the fact that it was custo mary to extend the date of execution in such cases. He said that Brook was entitled to some time in or der to more fully prepare to meet hi God.
 1 The Governor said he intended to ex i tend the time if any reasons were oifere' why the same should be done. Al l things considered he deemed it adyis | able to extend the day of execution 1 twenty-one days. MT. Fauntlero i suggested that one other week be ad ded so as to give Mir. Brooks ampl time to come from England and See hi ] con for tha last lime unnn earth.