The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1893-07-20
SAVED.
The Governor Commutes Death Sentence Of
R. J. Stephens to Life Imprisonment.

R. ]. Stephens to Life Imprisonment.
1t will be remem bered that on last
saturday Governor Hogg refused to
commute the sentence of II. j. Steph-
ems, sentenced to be hung for murder
in the first degree in Parker county.
He informed the sheriff at that time
that he would not interfere, and ad-
vised that the law be allowed to take
it's course. Monday, after due ref1ec-
ton, the governor. thought possibly
he had been little too hasty in form
ing an opinion. He took the testl-
mony and reviewed it again very
carefully, and upon the second study
of the case saw that he had been In
error in the nrst instance aud lmme-
diately committed the sentence to life.
His reasons for the same are as fol-
low:
state of Texas VS.. r. j. Stephens.
Application for Communication of
death sentence. Case tried in district
court of Parker county.
EXECUTIVE OFFICE,
AUST N, Tex, July 10, 1898. !
Since I passed on this case, refus-
ing the application of the condemned
man stephens, have been in SOME
mysterious way disturbed over my
action. At frat 1 felt quite certain
that the death sentence should be in.
fiicted and accordingly go decided the
fate of the applicant. Since making
this decision L have again analysed
the facts of the case and have come to
tho conclusion that probably the de.
fendant's explanation of how the dit
ficulty occurred may be true. There
is no doubt of his malice towards the
deceased nor of his preparation to
take his life at the first opportunity.
The death occurred at night, with
no witness to the scene except the
com batants. Satisfactory circumstan-
tial evidence leads me to the conclu-
sion that the defendant committed the
deed; and the only question in the
case is, was the homicide, beyond a
reasonable doubt, murder in the first
degree? The defendant on the trial
made the statement that when he met
the deceased some words passed not of
an unfriendly nature, when The de-
ceased, being taller than the defend
ant, grabbed him and forced him to
the ground.
In this attitude he states he fired
the pistol the ball taking effect in the
deceased's throat. That he again fired
and the deceased released hold of him
and ran off. That he followed the
deceased, firing two other shots at
him, one of which took effect in his
back.
1t is probable that either throat OF
back W und would have caused
death. Now, if it is true that the de.
ceased, without any assault on him
by the defendant, grabbed hold Of
HIM, and the fatal shot was fired al
that time under the excitement neces
sarily felt by the defendant, the homi'
eide would not be murder in the first
degree. 1t was shown by the officers
who arrested the defendant that
streak of blood was found down the
back of his coat and elsewhere on him
This point has bothered him no little
There is no explanation of how THU
blood found it's way down defendant
back except upon the theory support
ed by his own statement while on TIT
witness stand. My convictions IL
this particular are strengthened by
the applicable n of the two attor
neys who participated in the prose
cution, joined by a large number o
officers and citizens of Parker county
asking that the defendants sentence
be committed TO life term in the pen
itentiary.
For fear that may do wrong (ant
MY Judgment has undoubtedly beef
disturbed ever since L decided agains
the applicant last Saturday, 1 shall
grant the application and commute
the death sentence of r. j Stevens t.
life term in the penitentiary, and /
Is so ordered.
: (Signed) ). ). HoGG,