The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-08-02
THE AUSTIN CASE.
THE ACTION OF The FLORIOIAN
AUTHORITIES DEFENDED.

Nothing Was Done in a Corner-The
Governor and Others Fully justified
in Doing What They Did-A Few
Salient Points from Austir's Attor-
ney.
Editor Morning Ns1Cs: Having read in
the columns Ot your paper of July 81 an
count Of the action Of some Of the citizens
Of Palatka, and SAID to be Endorsed by the
people Of Putnam county, Florida, wherein
resolutions were passed denouncing the
action Of the governor, the judges Of the
supreme court aud the attorney general of
the state Of Florida, for committing the
death sentence of James Austin to impris-
onment for life, 1 feel it a duty to
myself and to all those connected
with said action to make an
explanation: It is required by the laws of
Florida in a proceeding asking for com
mutation of sentence to have a notice of
the same posted up in three different places
(one on the court house door, OF published
In newspaper Of general circulation wit in
the county where the crime was committed
ana the trial had, ten DAYS prior to the pres
ent ton of application for pardon or com
mutation; such notice to set forth the crime.
when ami where committed. tie court and
the term thereof, where tried, the verdict
and sentence, and the purpose Of the appli
cation.
On the 18th day Of July, 1889. such notice
was given IN b lth of the above named
ways, within the county of Putnam, thir-
teen days prior to re making of tne apDl-
cation. On the path day OF July, 1889,
was in Pala ka all day getting a copy of
Indictment, testimony, and all other papers
necessary to complete the application, and
was free to max known the object of my
visit 10 all with whom | had business.
found the sheriff aud his deputies the
| clerk of the circuit court and his assist tnts,
gentlemen in the true sense of the word
and very Obligiug when | asked them for
l formation or assistance in preparing the
application. Also Z. Z. Haskell, an able
lawyer of PalatkA, aud one of the attOr-
! neys who defended James Austin on his
trial, aided me all he could, and took great
pains to see bv the assistance Of the clerk
that all papers furnished me were
exact copies of those had in said trial.
lh9 testimony given before the court and
jury the trial of James Austin, and fur
nlshed me bv the clerk, was the exact tes-
tlmony, Uerb0tiDl, taken by the stenog-
rapher in said trial, duly certified to by the
clerk, examined by Mr.. Haskell, and pro-
nounced by him and the clerk to be al
the testimony gwen on said trial-no
more, no less. | then proceeded to
Tallahassee and reached that city
about o'clock p. m. July 25. At O'clock
p. m. OF the same day tie governor called
together the board of pardonS and commu-
tatlol, which consists of the governor,
judges Of supreme court and attorney gen
eraI of the state of Florida. | presented
my application. The testimony was all
read before the board by f. J. TRAY.
ia -
few brief remarks | submitted the applica-
ton. No testlmo " was given to the board
except that given on the trial of James
Austin and certified to by the clerk of the
Giro ut court of Putnam county. The board
consider ed the application for about an
hour and then adjourned to July 20, at 10
O'Clock a. m, and thereupon reSu ned con
slderatlon Of the same, and in the evening
OF the same day, by their decision, COM
muted the death sentence OF James Austin
10 imprisonment for life.
Nothing was done in the above proceed
lDgS IN corner or clandeSli ely. but
openly and fairly; and to pass resolutions
reh5ctlng upo the ulsullied repu alton of
hon. Frank p. Fleming, governor, and the
honorable judges of the supreme nca and
attorney general of the state of Florida. is
unbecoming the citizens of Palatka
aud Putnam county, to say the
least of it, for the testimony
adduced in the trial of James Austin, and
presented before said board, did not, ID
could not justify a verdict of murder pun
/ isuable with death The men COMPOSING
sad board are notable for being mel Who
seek to know the right, and knowing the
right, dare to do the right, regardless of
what men may think, say, or do.
WILLIAM PEACE
Attorney at Law.
SardnnGh, Aug l, 1889.