San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1891-08-06
The DUNCAN CASE.
The Legality of The Present Grim
InaI Laws Questioned.

Ihe Legality of The Present Grim
mai Laws Questioned.
To the San Antonio LIGHT.l
During the past few weeks much
has been written concerning the Dun
can case and to me it seems that in
almost every instance the main point
at issue-has said Duncan has been
legally and properly convicted by q
fair and impartial jury OF oonafide
citizens of the great state of Texas
has been lost sight of ty the various
writer's:
That foul crime was committed,
one that the perpetrator should suffer
the full penalty Of the law is not to be
gainsayed by anyone, but the fixing
that crime upon the actual party who
committed il is one of the questions
at issue now and if time were allowed
it is sincerely believed by many that
parties other than Dick Duncan
would be found guilty OF the infamous
But the great point at issue
is can the authorities of the state of
Texas sit quietly down and look com
placently upon his execution whe n
there are grave doubts, and not
of the most prominent jurists Of the
state as to whether he was legally
convicted.
The laws of our country are spe-
cific and plain as TO how aud when q
man can become citizen of this
country, and If by some mistake or
error of some acting officials q man is
improp. rly naturalized, as can be-
,k0 TO ha tufo ~
skeptical in at least one in
stance in number of jurors in
the Duncan case, then said
Dancan was illegally convicted. Now
the question can and will the AUTHOR
tiles let Dick Duncan be executed
with this patent doubt hung full in
their face and as plainly to be seen as
the famous hand writing on the
wall" and not half so hard to inter-
pref.
If Dick Duncan committed the aw-
| full crime with which he now stands
charged and possibly convicted, let
| him hang, but lot II be done in a
legal manner and by the verdict of
twelve citizens of this great state,
and not by q collection of men. part of
| whom are citizens, some aliens and
others tough aliens cannot under ex-
listing laws become citizens of
this great Republic. 1t is an old
| iust rule at law that 1t 10 better
for ninet and nine guilty men to 80
free than that one innocent person
should perish by its mandates.
| Some say that our Hon. Governor
cannot afford to have his time taken
up nor his clemency asked in case
of this kind. Many of us can remem-
Der the time when not only this state,
| but all the states in the Union, were
| in the throes of great civil war;
| when the chief executive of this ns-
| ton was taxed TO his utmost to be
ready tor any emergency; yet, when
boy in the U. 8. army was con-
demned by his superior to die, for
being found asleep at his post of duty,
| President Lincoln found time TO IN
vestigate his case and grant him
| pardon, he so richly deserved.
| Our governor has much better call
All extra session of the state legisla.
ture and set to right at once and for
ever the doubts concerning the validi-
| ty OF our present so-called" Revised
Statutes" than to have an extra ses-
sion Of said legislature for the pur-
| pose of asking pardon OF the alien
for the past acts of our legis-
Iators, who passed laws to benefit the
| actual citizen and actual resident Of
| the state.
Hoping tn at the actual perpetratOr
| OF the crime laid at Dick Duncan's
door may have his neck broken, that
! the extra session or some other ses-
sion of the legislature will mend our
broken statutes, and the alien die
happy, / am no more so help me
"BORu