The record-union., 1893-09-21
STATE OF CALIFoRNIA.

has decided not to interfere with the
mandate of the court:
THE GOVERNORS LETTER.
STATE OF CALIFORNIA,
EXECUTIVE DEPARTMENT,
SACRAMENTO, September 20, 1898.
Hon. Frank McGolC0a, Eureka, Cdt.'
/ acknowledge receipt of your various
communications in the Bawden case. L
have spent great many days upon the
case. and have given the condemned all
the time that he asked for In determining
the various questions which have arisen.
I have very carefully examined every
word of evidence produced, and in doing
so | have read every letter, petition and
document presented. L have listened TO
everyone who desired to speak to me for
or against the accused, both from your
county and Ell Dorado County, the former
home of the condemned. and have ex-
hausted every avenue OF information at
my command.
was stimulated to do this by the keen
sense of the great responsibility resting
upon me at that time, and since the re-
ceipt of your last communication have
set all other matters aside and have care
fully gone over the entire case again, de-
voting all the time at my command. both
day and night. Your earnest appeal de-
nanded this attention, and l think l am
warranted IN saying that 1 know the
facts as they are presented to me IN the
records of the case.
[ conceive it to be the duty of the Gov
ernor to exercise the extraordinary
power given him, with due caution and
without fear. The laws Of our State have
established tribunals for the trial of such
cases. Every safeguard known to the
legislator has been provided for the pro-
lection of every substantial right OF an
accused. The jury is given the power to
fix the degree OF punishment in capital
offenses, and the Judge always informs
Jury that it must determine whether the
punishment shall be death, or imprison-
ment for life.
All this clearly manifests the tender
sensibilities of our people toward the
unfortunate. The presiding Judge has
the best opportunity OF any official to
weigh the evidence and to know whether
Injustice in any form has been done. He
is also clothed with the absolute power
and Of his own Volition to set verdict
aside and order new trial. The District
Attorneys at times may be over Jealous
for conviction, but my experience in
pardon cases is that as a rule they Go not
hesitate when called upon by me TO
speak frankly and honestly upon the
facts.
Where the condemned has had a fair
and impartial trial, and where no new
evidence is discovered, which, had II
been presented to the jury, might have
changed their verdict, II Is clearly against
the spirit OF the law for the Governor to
interfere and assume to reverse the de-
cision of the court and jury. Not being
present at the trial, the Governor has not
the opportunity of hearing the witnesses
on the stand, and knows nothing Of the
real facts in the case, except as embodied
in the stenographer's report, and such eX
parte evidence as may be presented to
him by those interested on either side.
1t seems TO me clear that it was in
tended that this power, if vested in any
one, should be vested in the Supreme
Court of this State. If, however, the
Governor is convinced that the jury was
mistaken he should not hesitate to cor
rect the wrong, but he should have fairly
good reasons for his belief. l was pro-
foundly impressed with the fairness of
the presiding Judge toward the accused,
and that, too, throughout the entire trial.
His rulings and his charge TO the jury
were all that the most sympathetic could
ask, and have been sustained by the Su-
preme Court of the State. l can discover
no undue zeal for conviction of the part of
the District Attorney. and the accused
was certainly we'll defended.
| am aware of the fact that in many
such cases it is urged that if the defend
ant had had such and such great crimi-
nal lawyers to defend him the verdict
might have been different. 1t is fair to
presume that had the State equally as
eminent counsel the result would not
have been changed. No attorney can
change thereal facts in a case. Though
he may distort, belittle or eXaggerate
them in the minds of the jury, yet the
facts must always remain the same.
In this case, as it seems to me, it would
have required an exceedingly astute at
torney TO explain away this appalling
homicide, the murder of this detenSeless
stances surrounding it. Had the presid-
ing Judge or District Attorney expressed
any opinion in favor of Executive Glenn
ency, il would have had great weight.
Evidently neither of them felt warranted
In so doing. [ have inquired into the
standing of each member OF the jury, and
they certainly average well as good citi-
ZenS in the community IN which they
live. and not one of them has expressed
the belief that the verdict given was an
unjust one.
Thus it will be seen that the Judge, the
jury and the District Attorney, the three
important judicial branches of the court
that tried the case, still believe that the
verdict was just, and it is evident that
they have not changed their minds. Can
1, in view of all these facts and under my
official oath, set their best judgment
aside? The following points are urged
by the attorneys for the condemned:
employ counsel to present oral argu-
ments.
In answer to this, I can say that while
newly discovered evidence would affect
my mind. that which is already before
me has been as carefully considered as
though the ablest attorney had presented
it personally.
Second-That the condemned man was
of unsound mind, and therefore should
not be held responsible for his act.
This point was fully presented at the
trial, and the court at least was competent
to Judge of its merits.
Third-That the foreman of the Jury
was prejudiced, ex parte affidavits hav-
ing been sent me to that effect. But evil
IDENTIFY the Judge, the District Attorney,
and perhaps the members of the jury, did
not believe it. The two former certainly
have heard of this charge and are famil-
lar with the probability of its truthful
ness.
Fourth-That the following admitted
facts go to show that the shooting was
accidental. 1t is urged that the giving of
letters to Mrs. Price, the location of the
bullet-holes in the wall. the struggle for
the pistol, the discussion of their griev-
ances, his making known his intention
to commit suicide and her rushing to-