The morning call., 1894-01-20

having been the attorney for McNuty at his trial.
in thus fatty contradlcting his client upon mat
ployed and coming to his knowledge in his capa-
city as an attorney, sm at a loss TO comprehend
10 say nothing OF tne az racf thar
an attorney could bring himself TO SO contraolcI
the man who trusted his life In his keeping. upon
matters connected with the case in which he was
employed by that man, is suficien to give weight
tenfold to the unverlfed statements OF the client.
over the oath or such an attorney though IL DC
taken upon a stack OF Bibles higher than the
highest mountain upon the face OF coos IooF
stool.
only hope that when j. n E Wilson finds him
self a defendant, which some day he may. he VIII
be more fortunate In the selection or an attorney
TO defend him than was John McNulty upon BIS
arrest, and find one who viii not forget the oDli-
cations, duties and oath OF his profession.
AT no time since my connection win Mcn N uity ,
case has the claim been made by Inc that the ce-
PENDANT was fully justified in the killing OF COZ
Inns l have always conceded that he had com
united crime and was answerabe TO the law:
My contention has simply been that under all OF
the facts of the case 1t was not deliberate pre-
meditated murder. as Mr.. Wilson in his letter
gives you TO understand L have merely claimed
that there were such mitigating circumstances as
would justify the communication of sentence to life
Imprisonment 1 am satisfied that such Is the
almost unanimous sense of this community, not
withstandfng your assertion that signatures TO
petltlons and letters can be obtained with ease.
II petition with 200 names. as against tthe
1000 and more that presented can be pro-
VIII conced your assertion that the petition pre-
sented by US does not express the "wiil OF the
recognize the fact that the pardoning power Is
not one that an executive can be forced 10 exert,
neither is II one that he be prevented from
exercising in any case. even the most nagrant. III
is and was by the trainers of our constitution de-
signed to be an act OF grace, which the executive
might or might not exert, rs his Individual con-
SCIENCE might dictate. regardless or evidence or
the lack of evidence. reasons required 10 De
given for Its exercise nor are excuses necessary
Tor its being withheld IL is a pure and simple
autocratlc power vested by the people themselves
In the executive head of their government; such
IL intended to be- such IL is and such II ought
always to be. 1t in cases where, although
legally guilty, there might be such surround
ing circumstances (not cognizable 10 the law
as would N tlgate the ofense, that the people
anticipated such clemency would be exercised. In
this case If there existed a case calling for
such grace, are to he found. III my opinion as well
as in the opinion of hosts of others, such circum-
stan cess this man has, in mi nd and in atty
gone through with all OF the penalties OF the law
on at least three several occasions, save the fna
act of dissolution. He has already thrice paid the
penalty of the law. and / had hoped that your
conscience and your humanity would have die
tated TO the exercise OF that act Of grace witt
which the people have invested you ana which
would, know. have met with the approval Of
your fellow men and yonr constituents.
Earnestly hoping that you may yet, ere it is toe
late, reconsider your action and say TO Youl
fellow Imam. LAS expect mercy. should per
form the deeds OF mercy; and saying. exert
that ciemency which IL is within your power, un
questioned. TO grant. Respectfully,
CARROLL COOK.