Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1891-11-07

W ME not altogether unexpected, the
announcement of the receipt Of the re,
prieye was met with manifest disgust
and disapproval by the citizens Of this
city and county. Not that they are
athirst for John b. Lehman's blood, not
that they are unwilling that he or any
other condemned man should be given
every chance for life that law and jus.
tice accord him, but because they be
lieve, and with good reasons, that the
spirit of the law has been torteG and the
melting out Of justice too long delayed
Wednesday, election and its results
were almost forgotten. Little gathering
of men could be seen on every corner
where the delay of the execution was
discussed and the general iii satisfaction
plainly expressed. Threats of lynching
were heard here and there, and not q
few openly suggested the organization
of mob, and the summary punishment
of the murdere r. but wiser counsel pre-
vailed. The citizens of Custer county
as a class are peaceful and law abiding
and will patiently await the result OF
the legal proceedings of the next sixty
days, but beyond that they will hardly
consent to be trified with. and if the
expression of the populace means any
thing. there is not one chance in thou
sand that Lehman will ever leave the
county alive.
Governor Mellctte assigns two reas
ons for the granting Of the reprieve,
first, that on the first day of September
c. j. Buell. had moved for the appoint
ment of jury to decide the question
Of the prisoners sanity, and that this
was seconded by the recommendation
of Drs. Van Buskirk and Flick. who
pronounced Lehman insane, secondly,
that application had been made to the
board Of pardons, for the communication Of
the sentence to life imprisonment, and
that such communication had been recon-
mended by Judge 4. NJ Thomas. Tie
governors communication 10 Sheriff
Wood concludes with the following grant
and order of reprieye:
Now, Therefore. |, Arthur G. Melleite
by virtue of the power and authority
in me vested as governor of the State
OF South Dakota, do hereby grant and
order a reprieve and respite in the
execution of the death penalty pro-
nounced and ordered by the Honorable
Judge against John b. Lehman, as
aforesaid, until Friday. the Eighth day
of January, until which date YOU are
hereby directed to keep the sand prs-
one. in strict custody as ordered by the
court, and upon said day. to-wit, the
Eighth day Of January, 1892, between
the hours often o'clock in the forenoon
and four o'clock in the afternoon, YOU
will proceed to inflict the death penalty
in accordance with the instructions of
the court, or TO take such action in this
behalf as may be otherwise required
by law.
Under ordinary circumstances there
would be no objection 70 the postpon-
ment of the execution for the purposes
cited above, but this case, in its details,
the great and really Unnecessary ex-
pense TO the county, the unreasonable
delays, etc, etc, Is probably without
parallel. In the first place it is quite
apparent that Lehman's counsel does
not wish the question of his sanity to
be left to jury of twelve Hen. If
the governors statement is correct the
motion for such trial was made Sept.
lst., it couldn't be denied, and had the
attorney been desirous of testing his
clients sanity, it could have been done.
and the matter settled, without going to
the governor. e doubtless fully real
ICES that that question has been twice
passed upon bv Boards of Insanity and
twice by competent juries. The COM
of sentence. is not asked for
by the people of Custer county, or any
one who has been in any way connected
with the case in the various trials in the
circuit and supreme coers. 1t is asked by
the murderer's attorney, and is also rec
ommended by Judge, who, acting for
Judge Nowlin, while the latter was i'll,
was called upon to pronounce sentence
upon Lehman, after the supreme court
had refused to interfere with the judg.
ment Of the lower conrt. Judge Thomas
is certainly entitled to his opinion, but
the weight of that opinion should be i'm
accordance with his knowledge Of the
facts, and that knowledge Is limited to
what he has heard and read, and to his
observance during the few moments
Lehman was before him while receiving
sentence. There are not dozen reput-
able citizens in Custer county who be.
lieve the man insane and irresponsible,
and not half that many who would sign
petition for the Communication of the
sentence. The man was proven guilty
Of terrible crime, cold-blooded mur-
der, the evidence against HIM was Iii.
rect. it is believed that he was and is
responsible for his actions and deeds,
and the people. the commonwealth. not
lew preJudiced individuals, ask that
he be punished according to law. They
have been asking 1t for two years. and
now demand it. A petition signed by
the citizens of Custer has been forward.
ell to Governor Mellette, asking that
the action Of the Board Of Pardons be
deferred until remonstrancc can be
prepared by Custer county. When the
board does take up the case the county
will be represented and the facts will
be laid before that body. The people
of Custer county are arousedi and the
brute who murdered Constable John
Burns in cold blood and stood of
his pursuers with Winchester, viii