Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1891-12-12
Sunk with tho Last Straw.

Numerous and sincere have been the
expressions Of satisfaction, uttered by
the people of Custer county, since the
announcement of the action Of the
Board of pardons in regard to the Leh-
man murder case. For the past few
for the murderer had been playing n
grand game Of bluff, as if they were de-
tefmined to defeat law, justice, and the
vii Of the people, and save the neck of
a villain who should have been hung
long ago. 1t didn't work however, and
the citizens Of this county are glad Of it,
glad that the end is drawing near. glad
that the $4,000 spent in the prosecution
Of q brutal murderer have not been ex
pended in vain.
Six or eight weeks ago the CHRONICLE
stated that the Board Of Pardons had no
NJ hority, no right to consider the
Question OF Lehman's sanity. The law
WAS very clear, and doubtless the at
torneys for the defense understood it
perfectly. But as said before they were
playing a desperate game of bluff, grasp
ing at straws, and lying awake nights
devising means for the attainment of
little cheap notoriety. The laws Of our
country arc something we may all we'll
be proud of, the numerous provisions
made in behalf of the criminal are in
one sense safe guards against injustice
to the individual, but the sight Of man.
or men, who bear the title Of attorneys,
prostituting their ability and energies TO
save from just punishment being who
has been clearly and repeatedly proven
guilty, is one that tends to bring oppro-
brium upon noble profession. The
following report Of the considerations Of
the board was made to Governor Mel
lette;
The board Of pardons have under con-
sideration the application of John Il.
Lehman, for Commutation of the death
sentence TO life imprisonment. Ii finds
the application made in due form and
that proper notice has been given as
provided by statute. In this proceeding
the board is asked to recommend to the
executive that the sentence Of the petit
toner be commuted from death by
hanging TO imprisonment for life in the
penitentiary upon the ground that the
petitioner is insane. and has become so
since his trial and sentence. Atiidavits
of experts are before us tending 10 sup
port both the affirmative and negative
of such proposition, but we do not re-
gard this question as "a proper subject of
inquiry for this board. IL is not within
the theory or spirit Of the law that in
sane persons should be punished either
by hanging or imprisonment in the
penitentiary, but that they should be
more suitably cared for in the hospital
for the insane. And so the statute secs
74si ct SEQ, compiled laws, provides that
ifaiter judgment of death there is good
reason 10 suppose the defendant has be-
come insane jury should be summoned
to inquire into his supposed insanity
an1 make a certificate of their finding
upon the question Of insanity 10 this.
and that no insane person shall be
punished as though he were sane, and
ny sane person shall go unpunished as
though he was insane.
The question Of petitioners insanity
should be tried before, and dete rniued
by a jury as provided by statute
This board, therefore, does not recon-
mend the communication asked for by the
petitioner.