Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-10-12
DOOMED MEN.
REASONS FOR NOT INTERFERING IN
DRAGER AND oLsEN's CASES.
Governor Waterman Expresses His View.
At Length-He Thinks the Crime
An Atrocious One.

The following letter from Governor
Waterman, dated at San Diego, gives his
reasons for not interfering to save the lives
of Drager and OI.en, who have been con-
demned to death for the murder OF John
Lowell:
SAN DIEGO. Cal. October g. 1889.
Hons c. r. LftOin and G. J. Curpenter Placer
vile, FL Dorado county Cdl.-GEETLEMEN: l have
received at the hands OF my Private Secretary q
number of papers Inducements presented by
- yourselves relative to the case of Drager and
Olsen, now under sentence of death for COM
plicity in the murder of John Lowell, in FL
Dorado county, on or about March a. 1885 |
have also received from Hon. Marcus P BEN
nett, who at the time of their trial was District
Attorney for FL Dorado county and prosecuted
their cases, as well as that of Meyer who was
subsequently executed for participation in the
same crime, letter setting forth facts which he
deems are essential in S, Osipg of the applica-
ton made in beha of the men interested AT
the outset It may be well for me to state that on
August 10, 1889, telegraphed my Private Sec
reteIy thai would not interfere with the exc
cution of the sentence imposed upo2 lraper and
Olsen. He was well aware of this, but did not
remind You of its existence in order that he
might secure you, in my behalf that inalien-
able right which is Inherent to every citizen of
the country-the right of petitiOn-and | fully
-ndorsed his action. There was another and
very strong point that induced him TO give YOU
every opportunity to be heard in the premises,
auu ~ was III the ldCL IlaI GSllneF You ever
received one farthing for your services OF your
advocacy, but that all you did in behalf of the
unfortunate m enlisting such services was
simply in the direct line of a faithful perform
ance of the duty assigned you by the Court OF
which you were its tIustt officer.
never yet have approached the fnsl dispo-
sition Of case involving the life of human
being that it has not been with feeling Of
dread, lest in the conflict between the tender
sentiment which humanity ilnpelS aud an in
herent deternination to maintain the laws that
for tlga nx-a,., ~
the people, some mistake might be made; the
guilty permitted to escape or the innocent
doomed TO suffer. The responsibility is of a
character that never can be understood or real
lied save by the one called upon to bear its
burden In he minds of some it may be cast
aside with the wave OF hand, with others as
Inc temperament at the moment may move
them.
have given the ease now before me the clos
est and most careful consideration: admit the
great weight which is attached to the names of
those v no have signed the petitions requesting
Executive clemency, and have been greatly in
terested III all that has been 50 kindly and i'm
partially presented TO me for my guidance in
reaching conclusion; but in all that has been
done and said / see no reason to chance the
views as expressed by myself in my letter of
November y, 1885 addressed to Mr.. Bennett It
the time District Attorney of FL Dorado county
The murder fO- which Drager and Olsen are
held amenabe WAS m atrocious one in evely
particular without single Iedeeming feature
III there can be TedeemiDg feature III such
deed Of blood. l have never entertained but
one belief in regard 10 the murder of Lowell
and that belief was and is founded on the fact
that 1t was the outcome of conspiracy, cool,
deliberate and naturally premeditaGed
murder under such circumstances cannot be
contemplated with patience, for its devious
ways are too reaching to control or provide
against. a murder committed on the spur of
the moment induced by the heat of passion or
in the demand tor eXpiation for q wrong fan
cied or real done to ones self or family pre-
sentS phase of crime entirely distinct from the
other; and particularly where ACKNOWLEDGEMENT
did not impel the blow that did the killing In
this case their spoiation of their victims prop
erty was the underlying cause of the murder of
Lowell, and TO my mind there was nothing else
in the world to induce it. AS | have already
written. the murder of Lowell was brutal in
every respect, involving in its commission
aside from avarice, those most sEcEed rights
that are expressed in the word hospitality, |
firmly believe The murder was premedit tied and
Tor gain, and was one in which all the parties
Implicated participated as principals or aces
sories before and after the fact. Grautiug fer
the purpose of illustration, that Meyers already
executed and the chef of the conspirators, in
accordance with his afterthought sflidavit was
the only one guilty, and that he himself did the
actual deed OF blood, / consider the two now
presented for investigation to be guilty, in the
TACT thal tney knew oi the act being committed,
made no effort to prevent it. assisted to carry the
torn, bruised and bleeding body to its hastily
1mpTovised grave, which grave was dug aud
prepared in the cellar of the house of the one
to be buried there and when his mangled re-
mains were finally hidden from view and as a
last act in the fearful work, both DTager and
Olsen asSlSte1 TO conceal the evidence which
could ia any way point to the spot underneath
the surface OF which the proof of a ghastly her.
ror was concealed. They also assisted IN appro-
priating the stock and other property of their
victim, and divided the money realized from its
sale. These men, in whose behalf mercy is
asked at my hands, are, in my opinion as
bloody handed as Movers, snd therefore cannot
with any sense OF right aud justice, grant it. Ii
you will reeollect. have from the commence
ment OF the efforts that have been made in be-
nan ma! OF Drager and Olsen refused TO accept the
aMdaYlt OF Meyers eXculpating them as being
in the light of new testimony, but being some
what in the nature of tradition in its eXcusing
and selfaccusing aspect, and | am borne out in
the correctness Of my refusal TO receive as new
testimony IL the fact that Meyers, prior to his
execution, recantad all he had said in the AFT
daTlt referred 10. But whether he made il or
reeaned 1t does not enter into merits OF this case
at this time,
In connection with this application for elem
ency at my hands, a singular reason has been
advanced, among Others why these men should
be saved from their impending fate. In this
nineteenth century, in era when we boast so
warmly Of cur Intelligence and education, our
knowledge OF right and wrong, and of our | arm
ing and sound discrimination, / am asked TO
commute the sentence Of Drager and Olsen, OF
pardon them outright because Meyers executed
such powerful will power over them that
they could not avoid as, listing in the murder Of
Lowell. l cannot admit such a plea for a
moment. II was so utter y devoid of common
sense as that, would besunfltrd for further
service, at least where the interests of the public
are involved. My judgment IS that when men
undergo a journey like that in which Drsger
and olsen were interested, become actors in a
drama IN every scene of which they each and
all OF them play equally prominent parts, and
when Conironted with the result of their work
plead That they were subject 10 the dominating
viii OF another, 1t Is time the law should inter
vene and by their execution prevent any one
else from exercising further viii power over
taem. Society must be protected, and there
certainly would DC no protection If men were
Invested of all responsibility for crime by the
plea advanced in behalf of Drager and Olsen.
hardly think il necessary to give executive
sanction TO that new growth which bears the
name OF hypnotism; should that be done, il
would be necessary to construct an asylum at
San Quentin for hypnoiics as well as for the in
sane.
In conclusion, l Teiterate my belief that
Drager and Olsen were equally guilty with
Myers aud so believing positively decline TO
Interfere in their behalf. Let the law take It's
course. Very respectfully yours,
L. w. WATERMAN, Governor.