The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1894-12-06
S to the parties who did the deed"

as to the parties who did the deed"
The Hon. Il. g. Douglass, for three
years assistant superintendent of the
penitentiary at Rusk before voluntarily
retiring fro mthe Office in writing to me
about these men, said:
Il was present at the trial of Krebs,
and though it was many years ago,
was so impressed with the innocence of
both parties that it has ever remained n
lasting regret with me that they were
condemned to suffer. All the long years
since that day have strengthened my
convictions of their innocence"
Mr. Lucas +. Smith, now a citizen of
California, who assisted in the defense
of the cases, wrote:
parties are innocent. Harvey Tay-
lor had known Preston and Krebs longer
than had his mother, yet he told Judge
Hurt and myself in the hotel at Gaines
vile during the trial that he knew the de-
PENDANTS were not the men who did the
murder. He called upon God to witness
the truth of the assertion. Asked why
he had not so testified in court, he said
he was afraid the people would kill him."
He has since died.
A large lumber of officers, eX-otfcials
and citizens of Montague county write:
I'VE have doubted, and the public here
have doubted. the guilt of James Preston.
lit was entirely circumstantial evidence
on which he was convicted, and is of a
very unsatisfactory nature"
Col. Il. j. Goree, the then superintendent
Iof the penitentiaries, in certificate Civ
ing the records of Krebs and Preston,
said:
"That young A. X. Taylor, who was SEN
fenced to the penitentiary for life on the
same charge as Krebs and Preston, re-
ceived here in June, 1876, and who died
here June 5, 1880 with dropsy and con-
sumption, declared to me on his death bed
a few days before his heath that he and
Krebs and Preston were guiltless of the
crime for which they were convicted, and
had nothing to do with it whatever"
An affidavit on file before me shows
that the sister of this same youth, A.
X. Taylor, went to him while he was a
prisoner before his trial, and pleaded with
him to "turn states evidence" to escape
punishment himself, but that he replied
that he "wOuld rather die in the peniten'
ltiary than to swear falsely, for he knew
nothing to swear; and that neither he,
Krebs nor Preston had anything to do with
the murder of the England family"
Judge ]. p. Gibson, the assistant SUI
lperintendent of the penitentiary at Rusk,
writes as follows:
"There are about 90 officers, guards
some of whom have been connected with
the prison management ever since Krebs
and Preston have been in the penitentiary,
and there is not one but what believes
implicitly in their innocence"
In all their long service not q charge
or black mark has been made against
either of them. In the penitentiary their
record is spotless and clear.
| The Hon. j. nj. Hurt, chief justice of
| thn nf nrir nj nf
the counsel who defended the applicants.
He writes as follows in reference to Pres
ton and Krebs:
Harvey Taylor did not believe that
the defendants were guilty, and so stated
to us. After making myself acquainted
with the facts in these cases, | have not
the slightest doubt Of their innocence.
| Writing to my predecessor on the sub
ject, Ex-Governor Roberts says: 81 fully
believe he Preston) and Krebs are limo
cent men,"
In addition to these expressions by men
of high standing, there are among the pa
pers on file many petitions, letters and
arguments by citizens of all classes con-
tending that these men are innocent, and
for that reason should be pardoned. For
many years most of these documents
have been on file in the case. About one
year ago | submitted the case to the
DOuIu VI puTuOH uuNlSerS, composer OF
Ex-Governor Lubbock and l.. d. Brooks,
Esq. After an exhaustive consideration
of it they made an able, elaborate report
recommending the pardon of both Pres
ton and Krebs, which they conclude as
| follows:
For the foregoing reasons and being
ourselves impressed with the belief that
these men are the unfortunate victims of
a combination of circumstances, preju-
dice and passion, and are being punished
for the crimes of other men, we recon-
mend their immediate pardon and their
restoration to full citizenship"
After receiving this report / have TAX
en- the time commensurate with the grave
responsibility resting upon me, and have
carefully examined into the whole case.
My deliberate opinion, formed without
bias, fear or favor, is that both Krebs
and Preston are innocent men. May the
Great God, the keeper of my conscience
and soul, decide that / am right.
Ben Krebs and James Preston are full
ly pardoned and restored to all their
rights and citizenship.
J. s. HOGG,
Governor of Texas.