St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-10-16
WHY THIS SECRECY !?
Gov. Mepriam's Medus Oper-
andi in Pardoning State
Criminals.
Executive Officers and Others
Required to Observe ABB
solute Secrecy.
Fifty-Three PapdonS Were
Granted Within Twenty
One Months.
What EX-Gov. McGill Said
About the Pardoning
Business.

| constitution of the state of Minnesota
| defines the duties of the governor of the
state. and one of the most important is
| that the governor shall take care that
| the laws be faithfully executed. In all
| ages and in all countries the suppress
| sion of vice and the punishment of
criminals have led to prosperity and Sc
| curty. The most expensive institution
| in our staJe to-day is the judiciary, whose
| duties are to see that not only are the
laws enforced, but that those who break
the laws shall be duly tried and pun
ished. To aid the judiciary the police
| systems and prisons. are maintained.
The safety of the public demands that
all law breakers shall be kept in prison,
! yet the governor of the state has been,
during the past two years, unloading
convicted criminals upon the public IN
secret manner. The arrest of male
factor is always given publicity, his trial
and sentence are open to all, the fact
OF his incarceration in the states prison
or county Jail is heraIded far and wide.
and the public rest secure in the belief
that for certain period of time life and
property will not be menaced by the
desperate, as he is in safe keeping.
Yet Gov. Merriam is issuing pardons
| to felons, and strict injuncti0nS are
| given to the executive department Off
| Gals to keep the matter secret, and
especially not to notify any representa-
| tive OF the newspapers.
Why is this?
Is it that men are hardened and let
| loose upon society in order that the Re-
| publican candidate for governor can Sc
| cure the votes of the friends of the
| criminal?
| this secret method of pardoning, having
occurred during the past few months.
John Hamilton, salOonkeeper of
Maple Lake, was sentenced in June to
fifteen days Imprisonment and a fine
tor violating the liquor law. He pleaded
| guilty to the charge. Yet on the per-
sonal request of Senator Eaton, who
| acted as counsel for Hamilton, Gov.
| Merriam turned the trial of a law
breaker into farce and issued par
don.
On what grounds was this pardon
issued?
A still more fragrant case is that of
Thomas O'COnnOr, convicted of a most
brutal murder some ten years ago and
sentenced to Imprisonment for life in
states prison. Two weeks ago well
known citizen of st. Paul, who was
present at the trial of the murderer,
was surprised to see him on a train
bound for st. Paul. Inquiries were at
once made at the executive department
at the capitol. and the officials there
Reluctantly Admitted
that O'Connor had been pardoned by
the governor. In answer to question
why so important matter was not an
nounced through the medium of the
press, one of the governors confidential
assistants said that it was the rule of the
department never to make such matters
public. 1t was also learned that the
person whom the pardon was handed
TO at the capitol was cautioned not to
make the matter public.
Surely the law-abiding citizens of the
state have right to learn.Of SO serious
a matter as letting loose upon society
murderer and desperate.
A brother of the murdered man, Mich
| ael Vaughn, called upon the governor
| last week, and protested against the
| pardon. Mr.. Vaughn says that the gov
| ernor told him he had pardoned O'Con-
nor upon condition that he leave the
| state forever, and if he violated the
| conditions he could be arrested as an eS-
capped convict and sent back to prison.
| To show how deserving O'COD-
| nor was to receive the par
don of the governor, it may be
stated that he took no notice of the con-
! ditiOn upon which he was released, but
! remained in the state. Vaughn found
| him last Monday near Elysan, LIE Sueur
| county, and caused his arrest. He was
armed with heavy revolver, which he
! fOuriShed when an officer went in pur-
| suit of him. When searched at the Jail
| he had box of cartridges and heavy
knife III his pockets.
The governor was not at the capitol
| yesterday, but his private secretary. MIR.
| Elliott, was asked for some particulars
in the matter. He said that there was
no truth in the statement of Vaughn
that the governor had told him he could
| have O'COnnor arrested if he found him
| in the state. The reasons for granting
the pardon were not given by Mr.. Eli
| oft. AS to O'Connor'S presence in the
state, MIR. Elliott stated that he had re-
| ceived information that the wife of
O'Connor was very sick, and he had re-
| NAMED i'll Minnesota in order to see
| her.
The question arises, can the governor
| revoke his conditional pardon, and will
| he do so?
1t will, perhaps, become a question
| for the courts to decide whether O'Con-
| nor can be sent back to prison.
The law under which Gov. Merriam
issued the pardon is a general statute,
chapter 119. which reads:
| In all cases in which the governor is au-
thorized 10 grant pardons he may, upon the
| petition of the person convicted. grant a
| pardon. upon such conditions and with such
| restrictions and under such limitations as he
| may think proper, and he may issue his
| warrant to all proper officers to carry into
| effect such conditional pardon. which war
| rant shall be obeyed and executed instead of
| the sentence, if any, which was originally
| awarded.
| Question for Lawyers.
There is no mention in the statute
that. in case the conditional pardon
is violated, the person to whom the par
don is granted shall be rearrested and
sent back to prison. O'Connor has been
he can be arrested and tried again for
the same offense, even if he violates the
condition of his pardon and remains in
the state. Thus the governor has let
loose upon society man convicted of a
brutal murder, and who is so unrepent.
ant that he arms himself with dan
gerouS weapon ere he is out of sight OF
the prison walls.
Gov. Merriam has truly observed the
| clause OF Ine constitution IN taking
care that the laws be faithfully exc
cuted."
Under this system of secret pardons
it is impossible to know how many pris-
oners have been released from the pris-
ons and jalls. The following list OF
pardens was issued from the governor S
Office on Sept. Is last by request of st.
Paul newspaper.
Total number of pardons granted by Gov.
Merriam since Jan. 8, 1889 49,. -. so
| Number of combinations since the same
/ odtc ..-Z2
Total of pardons and combinations. :. rs
| Total of pardons from states prison $3.50. 80
| Total of communications from states prison. q
| Total of pardons from state reformatorv 2
| Death sentences committed to life impris-
| !
Total number Of combinations from
L ni1rnfr mi