, 1889-04-06

ueRTee. ulOllOuS lOr d new Trial were
made, argued and overruled.
"On October IA, 1887, Trumble was sem
fenced to be hung. A suspension of this
judgment was subsequently granted, and
the case is now pending in the supreme
court Of the territory"
In submitting the papers you present
ed a letter from Chief Justice Maginnis
addressed to f.. e. Warren, governor. and
dated April =, 1889, in which he favors
a sentence for manslaughter, and you
have informed me that the chief Justice
rules the extreme sentence for manslaugh-
ter is four years. According to this theory
Trumble would have about a year and a
half longer to serve, with the time
allowed for good conduct, and then be
free again. Another attorney in address
ing me on the subject thinks ten years
would be about the proper sentence, and
says to hang Trumble would be a judicial
murder. Many of the signers of the
petition favor clemency, and not pardon.
L am informed by yourself and the attor-
ney general that the chief justice, w. L.
Maginnis, who tried the case, vacated the
bench during the argument of the case,
and was absent about three hours, calling
Judge Carroll to preside during the time,
n that this is one of the claims for a
new trial, among many Others now sub
mitted to the supreme court OF the terri
tory. The whole question her is before
the supreme court. where the legality of
the trial will be passed
upon at the next session.
and where the case now properly belongs.
If a new trial be granted, then the de-
tense will have an opportunity to present
every point favorable to his prisoner; if a
new trial be not granted what man can
read the statement of the prosecuting at
torney without feeling in his heart the
Justice of the sentence. 1t is claimed that
Trumble was laboring under the influence
Of intoxicating liquor and that he had
been drinking for = long time, and that
but for this he would not have shot Miley.
The evidence of the county attorney shows
that Trumble arrested Miley for being a
horse thief upon the bare statement of a
prostitute. and proceeded to force him to
give away the gan and tell where the
horses were. 1t was for this purpose that
Tumble and the crowd took Miley out
some three or four miles from .Lusk. OF
course Miley could not find the horses. or
point out the gang, because he knew
nothing about them. This enraged
Tumble and he went to jerking Miley
about by the handouts and beating him
with a whip. Even the crowd had to in
terfere and stop it. The abuse given
Miley by Trumble evidently settled upon
him, Tumble, as a conviction that Miley
ought to seek revenge, and hence the
question repeated, ARE you a friend of
mine or an enemY?" With the pistol at
Miley's head what could he say2 At last
when Miley frankly says, ito tell you the
truth Charley l cannot like you, you have
treated me SO bad" he sealed his doom
and he was shot down in the bar room
before many people. Was all this the
work of a drunken man or one out of his
senses? 1t bears the strongest impression
of logic and sequence. Trumble knew he
had wroDged Miley and doubtless feared
the result; hence Miley must die so as to
take no chances, and yet Miley at no time
gave Trumble any occasion for either hard
treatment then or future fear. Had
Trunble a right to arrest Miley, to abuse
him and then for fear of revenge kill
him? This is the whole question and can
offer no excuse for murder.
In cases of this nature the executive is
called upon to act in a quasi judicial ca
pacity and | am constrained to handle the
case according to the evidence, the verdict
of the jury, and my own sense of duty to
the commonwealth, and the peace, safety
and good order of society; casting aside
all personal sympathy, and giving no ear
to the cries for prosecution at one time
and mawkish sentimentality at the other.
Miley, a harmless, helpless, inofensive
man with the handouts where they had
been illegally placed, Just taken off his
wrists, and the pistol at his body, is called
upon to lie or die-and he died. A Jury
of twelve men, good and true" found
the verdict upon the evidence and the in.
structions OF the court, and l Am not pre-.
pared to say they we're wrong or turn
them aside. The county was put to great
expense in this case as in many others,
until the spirit of murder was somewhat
tanned, and the law must take its course
without any interference on my part.
OVERLOOKED A COMMA.
The worthy Judge Rowen seldom al.
lows his angry passions to arise, but he
was boiling mad when met by a reporter
on the street yesterday afternoon. He
was greatly disappointed at the result of
his disinterested efforts for Tumble, but
would not complain ON that score. What
caused him to emulate and Guido Director
Holman was the statement that his client