Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1891-12-05
LEHMAN WILL HANG.
The Board of Pardons Refuses to Com
mute the Sentence Of
Death.

| Board of Pardons in session at Pierre
on the 3rd, has considered Lehman's
case, and refused to interfere with the
sentence of death. John b. Lehman
will hang January Sth.
The following statement of the case
was presented to the Board by States
Attorney w. G. Porter. 1t was pre-
pared by Ii. ID. Reynolds who so ably
conducted the prosecution Of Lehman.
70 THE HONORABLE BOARD OF PARDoxs
OF THE STATE OF SoUTH DAKOTA.
GENTLEMEN IL having been called 20
prosecute John b. Lehman for the criJf
of murder la the fe.onious takingSiie
life of one James ii. Burns, in this Gus
ter county. S. d.. and now asked by the
| present States Attorney 10 make to your
Honorable body statement Of the facts
connected with the case, which will
briefly do, and also take the liberty to
give my humble views as to the law
governing his application for commu
tation of his death sentence to imprison-
ment tor lie, being merely change of
! punishment, as that is what | under
] SNtshh VIZ bcoii w iitaA hioNusStu anu
| determine.
First, as to the facts.-James III. Burns
was a constable in Fairburn precinct in
| this county. and on the llth day Of July
! 1889, a warrant was placed in his hands
for the arrest of the petitioner, John B.
| Lehman, and ne. accompanied by one
John Seibert, a citizen on whom he had
called TO assist, proceeded to Lehman's
| hnnGA IN d. kal md
| by Lehman with gun, 56 56 Spencer
carbine, about two hundred yards fro n
Lehmans house. Burns told Lehman
what he wanted, Lehman raised his
gun and snapped it at Burns. Burns
then told him, "for God sake not to
shoo., and they would go away" Sci
bert got out Of the wagon, took the
horses by the head and started TO turn
around. Burns standing upright in the
wagon bed, still pleading with him not
to shoot. when Lehman fired, the ball
taking effect in Burns body, passing
through under his arm pit, tearing away
the arm muscles on the opposite side.
Burns died with the wound that same
night. Lehman fled to Nebraska, and
changed his name 10 George Lawrence,
| and gave false account Of where he
came from. Was put upon his trial at
the November term of court, tried by a
jury Of twelve men. His defense was
insanity, the crime being admitted in
substance. He had as fair trial
as man could have, and was by
the jury sentenced to death. His
Honor, John w. Nowlin, then presiding,
was afraid he might have committed
some error In his charge to the jury, and
out of an abundance Of caution, il being
capital case, granted the defendant a
new trial, lie was again put upon his
trial at the September term, 1890, his
Honor John w. Nowlin, presiding. the
state being represented by your humble
servant, and the defense by William Ii.
Frye and Chas. j. Buel. and again after
a fair trial Of twelve men was promptly
convicted and sentenced to death, from
which sentence he appealed to the Su-
preme Court Of this state, and his SEN
tence was by that court affirmed, and at
our September term Of court, 1891, Chas.
NJ. Thomas presiding. he was re-sen-
fenced 70 be executed on the 4th day of
November, 1891, upon which day he
was by His Excellency, A. &. Mellette,
granted a respite until the Sth day of
January, 1892.
If you desire the evidence in detail. a
certified transcript is on file with the
clerk of the Supreme Court. | was call
ed TO participate in the first trial to as
sist the then prosecuting attorney. At
the second trial | was the regular prose-
cutting attorney Of the county, and from
the first trial TO the present time have
vainly looked at all faces of the case.
after listening TO all the evidence TO find
some circumstance, some fact, that
would mitigate the defendants crime.
and take away some part, however
slight, of its horrible criminality. i
heard none. l have closely observed
the evidence to find some reasonable
motive, some slight cause for his acts.
AS to his insanity dodge, it is all bosh.
| am therefore compelled to arrive at
the conclusion that his act sprang. not
from insanity, but from the dictates of
heart bent on mischief, utterly regard
less Of human life. and that his punish
ment should be such as his crime de-
serves. The judgement passed upon
him is not the judgment of an indi-
vidual. 1t is the voice of the law, very
reluctantly spoken through twenty-iour
OF his peers, and it will, ifnot interfered
with, speak for the sovereignty of the
state, for the protection of society, for
the safety of human life, for violated
duty and for violated law. individuals
may feel for him, the law cannot SYM
pathy may be extended to him by indi-
viduals, the law is without sympathy.
the law is justice, the law is right. The
law is violated, justice and right demand
punishment commensurate with its
atrocity. He has imbued his hands with
the blood of fellow man without cause
and without provocation. With his
heart fatally bent on mischief, by his
acts James III. Burns sleeps in death.
A peaceable, quiet citizen, obeying the
mandates of the law, clothed with it's
sacred mantle, in the discharge Of his
duty as one of its officers, was coldly
and deliberately shot to death by John
Ii. Lehman, your petitioner. The state
paid five hundred dollars to capture
him, the County of Custer nearly ten
thousand dollars to try bin. twenty
four honest men have pronounced sem
tence, after listening to every word Of
the testimony, both trials being presid-
ed over by an honest, upright and learn
ed Judge. And now you are asked by
the attorneys for the defense, intoxicat-
ed with an everlasting desire to save
their client at any hazard, upon the
bold affidavit of one ID. w. Flick, who
swore at the first trial that he did not
know anything about insanity, and one,
Doctor Van Buskirk, of Rapid City, who
never saw the man but once, and then
for only about fifteen minutes, to set
this all aside and call it farce, and say
that twenty-four men who heard it all
were wrong and done wrong. The jury
still say that they were right year
after, and will not sign a petition, nor
will any one else who was connected
with the trial but the defendants law
yers. Now, as to the law of the case--if
you will pardon me for calling your at.
tention to my views.
First.--I understand that his plea for
communication is based on insanity, or in
other words, ii is his defense, reiterated
the some on which he has been twice
tried. II that is SO, your honorable
body has no jurisdiction. If he claims
by his counsel tn It he was insane at his \
trial, that has been forever settled by
twenty-four men as the Law directs. n
he Ia in zane q =. vOur honOrs hava M