Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-10-15

lueu am not READY 10 saw that II Is q moral
| impossibility that they should have been inno-
| cent of the killing OF Lowell and of any design
| to steal his stock, and yet alter he was muir
dered have aG.ed as 1t is admitted that they did
act.
| Neither Olsen nor Drager have the appearance,
behavior or record, SO far as l know, of profess
| sional criminals Meyer seems possessed of
| much greater mental energy and cunning than
either of his codefendants, as well as of a
| cruel and treacherous disposition, end while
| any doubt Of the guilt of Olsen and Drager can
only arise upon the theory of their weakness.
| ignorance and brutality, such seem TO be the
| leading traits OF their characters, and consti-
| tute them the very men. in the hands of such a
pushing, scheming fellow as Meyer to be ca
| Joled into sharing and concealing the fruits of
his crime, to which they had not been privy.
The contrast between the character of Meyer
and Olsen is exhibited in very striking man
ner in the interview between them in the office
OF June, 1883, when they were con-
fronted together with their conversation taken
down in shorthand by W. E. Doau. Esq, all tn e
remarks OF both being in the evidence. Olsen's
conduct at this interview certainly accords with
what Meyer now declares TO be the truth. 1t is
not for me to make an argument in behalf of
these defendants; leave that to their attorneys
What references have made to the general
| featur,s of the case have been to indicate to
your Excellency the sources of that doubt as to
the guilt of Olsen and Drager. which. have de-
clared, has found a place in my mind subse
quent to their conviction, and which has in
duced me to Join with other citizens of this
county IN the petition to your Excellency for
Executive clemency.
This petition l have signed mindful of my
official position, but mindful alike of my duty to
humanity, believing 1t maxim of the law that
It is better that ninety and nine guilty men
should escape than that one innocent man
should be punished, and satisfied that it is for
the executive to meet a contingency such as has
arisen in this case, where Executive action will
not override or ignore the province of the jury
or judge, but supplement both. Respectfully
submitted. MARCUS P. BENNETT,
District Attorney of Ell Dorado County.
THE LAST PETITION.
PLACERyILLE. September %, 1889.
Hon r. ". WatermGn-sIR: petition ask
ing you to commute to life imprisonment the
death sentences of Olsen and Drsger has am
Informed, recently been forwarded to you, and
taking the deep interest that do in the tate of
these men, take the liberty of addressing you
in their behalf. / was the District Attorney of
III Dorado county when the crime with which
they are charged was committed and | pre-
pared and prosecuted the case against them. |
believe that it is the general sentiment that
everything that could be done to make prose-
cution complete was done in this case l know
that the zeal was not wanting, and personally
ferreted out the evidence, repeatedly visiting
the scene of the murder, on one occasion with
the defendant Meyer and on another occasion
with the defendant Olsen, and | had them on
the ground detail the exact manner in which
they claimed the tragedy was enacted. was
present and heard them make great many of
their statements about the crime, both in their
CelIS III at the Drellml-
nary examination, Lowell ranch, so that |
ieel sure that no person mas had better oDportu-
mites than myself for mastering the case or
has awaited himself of them more eagerly and
lndustriously.
Up to their conviction 1 believed that all
three defendants jointly conSpired to murder
Lowell, because that theory seemed the most
natural e&C lanation of their presence at the
killing and their subsequent behavior and was
substantiated by the persistent declarations of
Meyer asserting the joint guilt of himself and
his companions. At the same time there was
in the whole case something lacking to produce
logical conviction satisfying my mind of the
guilt of Olsen, and l was ne yer abe immedi-
ately after personally hearing his account of
the crime, to believe him guilty until the effect
OF his simple and unaffected statement had be-
come merged in the theory of conspiracy that
kept constantly before my mind as the solution
of the case.
When. however the conviction was followed
at once by complete retraction by Meyer of
his charges against his companions, and under
the immediate moral reaction, possible even
IN meyers deprayed soul, he made an unsolic-
tied avowal generating Olsen and Draeer from
al completely in the murder, I no longer felt
any certainty that Olsen and Drager had been
gullty OF any other crime than that OF being
accessories after the tact to the murder, and of
sharing the plumber with Meyer crimes suf.
fciently heiuous but not the crime of which
they stood convicted. Olsen and Drager had
not lied Never as witness in their behalf at
the trial-apd how could they have done so
when he was denouncing them ii every ac-
count that he gave of the crime as his accom-
plices-but by a decision of the Supreme Court
of this State their failure to call him as their
witt ess made it impossible for them to take ad-
vantage OF his retraction aud disavowal of their
guilt upon their motion for a new trial and
accordingly the molten, as matter of law had
to be denied
The Supreme Court has never passed upon
the facts OF this case, because, by some mad
failed to give the District Attorney nv success-
or, the two days notice required by law of the
time OF settling their bill of exceptions, and as
ne reiuSed to waive the notice. the Court was
preeluded from settling the bill of exceptions.
ana THESE defendants were compelled to appeal
on the judgment roll alone. The Judgment
roll presented none of the merits OF the case,
and being without error the judgment was nee
es:arily affirmed by the Supreme Court
AS have stated, the assumption of the entire
quit by Meyer, Immediately after his convic-
tion, revived in my mind all the lurking doubt
that from the commencement of the case had
haunted me as to the completely of Olsen and
Drager in the murder. In order more fully TO
satisfy myself, on the day that Meyer was hung,
shortly before the hour of his execution, re-
quested the watcher in charge of him to ask
him for his final statement of Olsen's and
Dragers completely in the murder of Lowell,
and making virtually his dying statement
Meyer said that there was no conspiracy be.
tween himself and Olsen and Drager to murder
Lowell or steal his stock; that the whole crime
originated with himself, and was executed SO
lar as the killing was concerned. without their
prlVlty, and that after he had killed Lowell he
persuaded them 20 join him in stealing the
stock.
No reasonable explanation can be given of
the assumption by Meyer of the entire guilt of
killing Lowell unless it be that it was the truth
and such believe the majority of people ia.
Inlliar with this Gaze believe IL to be- The evil
dence shows that Meyer previously to his con-
victlon, had falsely charged Olsen with shoot
ing Lowell with pistol and Drager with strik-
lug him in the head with a sledge. hammer, aud
persisted in these charges until his conviction
made them useless. The evidence showed that
Lowell was not shot with pistol and was prob
ABLY not struck with sledge-hammer so that
II is certain that in making his retraction Meyer
was II citing what had been proved lie in |
part, an what the natural and legal presump.
ton is, was lie in toto.
With reflection upon the facts of this case a
great change has come over the sentiment of
this community regarding it. Before their trial
hanging could not be quick enough for these
men onl lor mary months have not heard
single person say that he believed Olsen and
Drager guilty, while have heard scores of men |
say that they thought that they ought not to be
hung 1t Is thought that the law has encoun-
tefeu CRIMINAL mystery, the legal solution of
which has been faulty, and that TO hang these
men VIII be a blunder, which your Excellency
by the wise use of the prerogatiye vested in you
Tor cases like the present, alone has the power
TO avert.
In a previous letter to your Excellercy, re-
ierred at length to the evidence in the case and
70 the grave doubt as to the guilt of Olsen and
Drager which then entertained and which I
believed must affect the minds of all who had
mastered the case. BEN now no longer A pub-
lie officer take this occasion to express most
unreservedly my profound conviction that these
men should not be hung, and in speaking in
their behalf, it is not personal feeling for the
men more than ordinary humanity. that inhu-
ences me, for / never exchanged friendly
word with either of them, and have not seen
them for eleven months but because having
mad the most intimate personal connection any
msn has had with the case, both before at and
since the trial. and after the most prolracted
wrestling with the mysteries of the case can
not say that believe Olsen and Drager guilty of
the crime of murder, and. such being my frame
OF mind, justice demands that should not hest
tate to say 10 the Governor of this State that al
though las District Attorney of FL Dorado county
prosecuted and convicted these men, vet Il is
probable that justice miscarried and that in my
opinion at lea I. the saving power of your Ex-
cellency is properly invoked in favor OF Olsen
and Drager. Very respectfully yours,
MARCUS p. BENNETT.