The Springdale news., 1889-05-17

tn thc m farper tyyo nnttl Aprii 2S Previous to that the Supreme Court had affirmed tne nhu- ing of the lower court in DaVlu Walktr case' and had fixed May 10 as the date or ms execu- tion About April 12 you made another appeal for Communication of the sentence imposed on William Walker and John Matthews, and when that was denied asked for a respite until May 10, the day fixed by the Supreme Court for the execution of David Walker. This was granted.
 For the past four days l nave devoted most of my time and attention to cohsldefatioh ol the arguments which you have presented Tn be- half of the condemned men, and to an inYestl- gation of the testimony given at the trlal oI their cases and now on file m the once oI tue clerk of the Supreme Court. l nave read care fully the petition of the trial judge and prose cutting attorney for communication ot sentence, as well as your many written appears Tor mercy made by letter and petition from different sec tons of the State. do not understand you to claim the innocence of your clients. Ihe tflal, judge and the prosecuting attorney admit m their communication that the condemned men had fair trials, that they are unqnesuonaDly guilty, and that "ther conviction was simply the conclusion of the law from the evidence. These being admitted facts, 1t is oDviously necessary that strong reasons snOulu De pre- sented to justify executive interference. That you have ably and ngen!ously presented every reasonable argument Tor your cllehts l cheerfully testify. The ignorance aha M poverty of the culprits, the wildness of the country in which they lived, thelr former good character, the fact that the Bald KnObber organization to which they belonged, was not formed TOT tDe puTJOot Oi plll'tEC. bhl through mistaken desire on the part of its founders to correct evils and enforce the law themselveS-all these mitigating facts you nave carefully set forth in a forclble manner. The new testimony which you have presented m the shape Of affidavits from respected citizens ana officials. attacking the cred1blllty ot 2 promi- nent witness in the case of David Walker. has been duly considered ana careIuIy NtBncu. The testimony given at the trials, as shown m the record of the case, presents few, II any, paliatng circumstances. It shows that meet
 ing of score or more of armed ana hldeously- masked men was held On the night of the Hun Of March, 1887. and that for two hours they con suited together; that the members Of the meet
 ing departed from the place Of the asSemDlage iii d direction different from the one in which lay the homes of the leaders and many Of the men. that although preCOncerteu acton was not proven upon their arrival at the home oI one William Edens almost with one ac- cord the party approached the house and did not turn away until it was aScertalned that thc dwelling was unoccupIed that thence their footsteps were directed toward the house of James Edcns father of said William Edens, which was situated One-fourth of mile dis- tant and which was on the opposite side Of the ra lroad and Of the main road; that when they arrived there they fired into the only Wlndo" Ot the tenement, and breaking down the doors rushed in. discharging their firearms indscrm- inately. tnat the efforts of the inmates to pro-
 teCt themselves from this invasion were futlle against the Oyer-poWefing number and arms Of their ass liIants; that this family not charged with balng other than harmless honest and law abiding, and whose only onense had been occasional expression Of disapproval of the methods of the Bald knObber organization, and which consisted Of a father, mother, son and dauEhter-iu-law, daughter and son-in-lawr and two grandchildren, was aroused from us sum berS at the dead Ot night and Dutchereu over its own hearthstone: that the son and sonn- llw were murdered, the father felled and lett for dead: that the daughter only escaped with h9r life by the alertness of her defense.
 The theory of the trial judge advanced in his plea for communication 10 the effect that these murders although possessing rnc elements or deliheration Tn a technical sense were not pre- mcditatcd in a moral sense, does not cOmport
 with the fact that the distance between the houses of William and James Edens of one quarter Of mile, required sufficient tune m trayers ng to enable the participants ia this hOrrid deed 10 weigh the consequences as we'll as the gravity ofther act; that all those who en- gagged in this attack were equally guilty can not be denied, put the fact that the state was com peIcd 10 grant immunity 10 some or me accom- plices ln order to convict others If not more guilty offenders, should not relieve from pun ishmcnt thDSe who have been sentenced hy the courts. This was conspiracy the parties 10 which were masked and bound together by a terrifying oath attended by ceremonies calcu- lated to impress the subscriber with a deep sense Of the solemnity of his obli- gation. The new testimony which you have ad- duced for the purpose of OycrthrOwlng the statements made by one Of the States Wit nesses, against David Walker to the effect that he not only encouraged but ordered the attack, appears from tile testimony to have been known to the counsel for the defense at the time of the trial But even if such were not the ease, the fact remains that David Walker was the organizer and leader of this band: that his au- thOrity over the men was absolute lf not dcS- potic. and that by its timely exercise he could undoubtedly have prevented the assault. Tue youth of William Walker, winch has been urged as the reason for the eXtens on of elem ency to him. would in most eases be luStihable fOr merciful action. but m this one the tcSti- mony shows him to have been leader rather logf n al he was the most daring and desperate of the
 band.
 It wise provision that vests in the Gov ernOr the power of the respite or pardon ui
 these unfortunater. whose innocence may DO established liter their conviction in courts of justice, or in whose behalf such extenuatng circumstances may be presented as arc calculated to soften the aspcrity of justice But as I interpret the provision this power should never be exerc sed except when justice demands it. In the case in hand the innocence of the accused is not as serted and the extenuating circumstances bal ance poorly with the enormity of the ofensf committed. The courts have passed upon the law in the case and their decisions agree as tC the justice Of the punishment inflicted. see no reason why l should interpOsc clemency' and whilst appreciate the gravity ot the situa ton. the fact that the crime must be eXpiateC by the lives of the three men. and many must suffer on account thereof, | discern many req sons why the sentence of the law should be carried cut.
 The State guarantees protection 10 every citizen, and under its mgis the humblest 9. well us the highest claims security from the i'm cursions of the lawless. The murders fol
 which these men were found responsible were committed, not in the heat of passion, on tho highway, nor in open day, but after apparently well formed judgment, in the solemn hours o the night and It the treside Of thf
 family. Inc sanctity of q home was invaded and the blood of those who had lain down if peaceful slumber shed within their dwelling place. The attack had little proyocation, and no reasonable explanation Of it has ever been offered. The executive authority of the State can not be better employed than in throwing about the homes of its children the mantle ol it's protection The epidemic of lawlessnes' which has broken out in various parts of the country in the guise of self-styled regulators and which in this State has found expression l in Bald Knobberism, should be suppress sed, anc it is to the credit of Missouri that she has SC promptly administered the punishment pre- scribed by law for the commission of outrage of the nature of the Edens-Green murder Be ing sworn to support and uphold the law, to in sure protection 10 peaceable citizens and to as sist in the punishment of offenders, 1 can not grant the communication desired.
 With the highest respect and greatest per sonal esteem am sir,
 Your obedent servant