The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-06-20
AS TO THOSE PARDONS.
A Member of the Pardon Board Gives
Some Reasons for Them.
Editor Statesman:

In your issue of Saturday, June 10, you
copy an editorial from the Galveston
News, and call attention to it by saying
it is an editorial that should call for the
careful thought of all men," 1t is an i'm
portant matter, and l believe therefore,
you will admit into your paper few facts
that may show that criticism of the gov
ernor was really necessary in this case
am not an apologist for the governor.
He needs none. But am familiar with
the cases mentioned as receiving eXecu-
tlve clemency, and desire that the public
shall be correctly informed. There eX-
lists no necessity for wrongfully CRITICS.
ing the governor for the exercise of the
pardoning power, as al 1.-The papers in such
cases are on file in the office of the sec
rotary of state, and are open to the inspec-
ton of the public. l do not suppose the
Galveston News meant any unfairness to
the governor in its remarks that 1T could
not he wrong for some friend of Governor
Culberson to explain to him that prodigal
exercise of the pardoning power ranks
with the chronic complaint of delays
and failures in the courts as popular
excuse for midday lynchers." But the
News should have known that the num-
Der of pardons granted is very small
compared to the great number of applica-
tons, and the number granted this year
is the result of 60 days work by the board
of pardon advisers.
l herewith give you the facts in a few
of the cases mentioned in the News edi-
torial:
In the case of John Pistole, convicted
of murder in the second degree and SEN
fenced to seven years in the penitentary:
Petitions for his pardon were sent in the
same year he was convicted in which it
was stated there were strong eXtenuat-
ing circumstances attending the killing
and it was a general surprise that
he was pronounced guilty. He was
old and poor and could not avail himself
of tn privilege lof appeal" His petit
tons are signed by ex-Judge B. L. Estes,
Judge John l.. Sheppard, exCounty At
torney John J. King, and by several of
the jurors and many citizens. Judge Glib
son, assistant superintendent of peniten-
tiaries, says of him: "He has made a
good, faithful and obedient old prisoner,
and for nearly all the time he has been
here has been full trusty, working
around the State gardens, and is yet so
empoyed. His record is spotless. and he
i any manner" This man is 81 years old,
manning when pardoned.
In the case of Robert Valentine, con-
victed of murder, and sentenced for ID
years: On his first trial he was given 10
Years, but his case being reversed by the
court of appeals; on second trial he was
sentenced for 80 years. In 1890 Major
Goree recommended his pardon; Hon. E..
lG. Douglass and others concurred in the
Recommendation. In 1898 Judge Gibson
recommended that he be pardoned. These
recommendations were made on the
ground of the uniform and constant good
conduct of the prisoner, his faithful serv-
ice and obedience to all prison regula-
tons. With such an evidence of reforma-
ton, and in view of the fact that on his
! first trial jury gave him only 10 years,
The having already served term, with
Communication for good conduct, it was
thought advisable to recommend his par
don.
In the case of Reuben Fitzgerald, con-
victed Of rape, and punishment assessed
at confinement for life, the Hon. T. L.
Nugent, judge before whom the case
was tried, wrote, April 5, 1890: 81 did
not at the time feel altogether satisfied
with the conviction, yet l could not have
set it aside without usurping the fune
lions of the jury and arbitrarily substl
tuting my own impressions for their find
ings on the facts | am assured
now that belief in the defendants limo
cence is universal in Coryell county, ever
among those who assisted in prosecuting
him to conviction. y y I am glad o.
the opportunity thus afforded me of eX
pressing my own serious misgivings as Il
the correctness of the judgment of con
,, viction, and of saying without qualitica
ton that had | the pardOning power j
would without hesitation be used in be
half of defendant" Hon. G. p. White
who was employed to prosecute this case
/. besides other strong language, says
"Since the trial have been informed o
facts, if true, that would evidently result
in different finding by a jury. / an
$ frank to say that have never been fully
satisfied that the defendant was guilty Of
" rape in it's legal significance"
S In the case of Lon Taylor, convicted o
S assault with intent to murder and bur
0 glary, and sentenced in each case to tive
e years in the penitentary: The offenst
e that this man committed was shooting int
e negro's house, the ball passing Through
e the window or wall and striking a negr
f bow in the hand. The case of burglar,
e was made out on the fact that he sho
e through the window or wall of the house
The wounding of the negro boy was don
a by the one ball that passed through tn
|, | window; the shooting was done IN TN
k daytime, and the wound was very Sigh
n one. He had no attorney to defend him
J. Judge Teichmueller, who presided a
e judge when this case was tried, says
e while technically guilty of two offense
= it was substantially one act. In view o.
S this fact, and considering his youth ant
a the distressed situation of dis mother
t think a pardon after the boy had serve,
i his one term would probably be just
- i do not hesitate to recommend tn
s case Ito your most favorable considera
f ton" Hon. Jas. L. Story says: II trie'
4 the case for the State and concur in TIN
!. above" He had served more than tn,
/ one term of two full years when pardoned
: It is unnecessary to refer to other cases
G have taken these at random from thos
: mentioned in the News editorial, and
feel sure that the statement of the fact
in these cases will convince anyone tina
there has not been "prodigal exercis
of the pardoning power"
do not believe that The Statesman o.
: the News intended by this criticism Il
s make wrong impressions in regard to TIL
; use Of the pardoning power by the gov
., ernor. And, with the hope of correcting
d any unintentional errors that may grow
Y out of their statements / am free to re
s quest that the above facts be publishe,
e by you and copied by the Galveston New.
Respectfully,