The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1896-08-05

Judge Garrow was one of the most ear
nest among officers of the law, who had
decided the time had come IN the eoutl,
for the suppression of crime. lie in
structed the sheriff to make a most
thorough investigation, and, If possible,
to bring the murderer or murderers to
justice.
1t did not take long to fix the crime
on Andrew Hastings, who clerked for
Bivins. The evidence against Hastings,
while circumstantial, was very strong.
Having been raised in the south, Has
tugs had no love for bis employer, who
was regarded as one of the despised
class of carpet baggers" in those days.
He finally quarreled with his employer
when reproved for insulting the union
soldiers and negroes who traded at the
store. Witnesses testified to this quar-
rel, which resulted in Hastings being
discharged, and there was an album
dance of evidence to the fact that rs he
left the store he was heard to remark:
"I'll fix the d. Yankee"
1t was only two nights after Has
tings' discharge that Bivins was killed.
Two witnesses swore that Hastings
tried to borrow shotgun from them
on the day prior to the murder. TWAS
also proven that Hastings was heard
to say when speaking of the killing:
1.-THE people ought to give the man who
did it a vote of thanks"
Added to all this was the fact that
Hastings could not account for his
whereabouts on the night of the kill
ing between the hours of eight and
twelve o'clock. Bivins left his store
about ten o'clock to 90 to his home,
and it was presumed he was killed
few minutes after that hour.
When on trial Hastings stated that he
had gone 'possum hunting alone, leav-
ing home about eight O'Clock, and re-
turning about one o'clock the next
morning. it was for this purpose he
attempted to borrow gun. He proved
that it was his custom to go on these
night hunts by himself. With his pre-
vious good character, this was all there
was for the defense.
But Col. Palmer made the most of it
and fought the evidence of the prose-
cution at times with an imprisoned
manner that almost amounted to mad
ness. l remember an old lawyer in the
courtroom remarking: well. l never
have seen an attorney so thoroughly
identified with his clients interests
before" Col. Palmer's argument to
the jury, as said, was most mastery
effort. His face was pale when he
arose and walked to the jury box. His
voice, although stern and full, trembled
as he cried out: Gentlemen of the jury,
God is my witness when say to you
that l am here to plead for the life of
an innocent man."
He made but little effort to contro
vert the damaging evidence against his
client. His address was mainly pas
sionate appeal for mercy for an inno-
cent man who was the victim of pc
culiar circumstances. He ended his
speech by holding the Bible high above
his head and saying:
"As true as the Holy Book hold in
my hand, so true is this man innocent.
1 say to you, know it. You may call
it intuition if you like, but SO sure as
you convict him you will have the blood
of an innocent man upon your heads"
The verdict was guilty, and Hastings
was sentenced to be hanged. The case
was appealed to the supreme court,
and the decision of the lower court was
affirmed. An application was made to
the governor for clemency, and petit
ton bearing the names of many promi-
nent citizens of Monroe county was
sent to the chief executive. Col. Palmer
was leaving no stone unturned to save
his client. The strain and hard work
was telling on him. He had grown
emaciated, and more than once had
been i'll from nervous prostration.
The governor refused to interfere, but
intimated that he might give the case
a more favorable consideration if the
presiding judge recommended q COM
mutation of the sentence. This was re-
garded as forlorn hope, the deternli-
nation of Judge Garrow to suppress
crime being so well known.
The day of the execution was near at
20 witness its first hanging in many
years. Then, like thunder clap came
the news that the governor had par
doned Andrew Hastings. Not even
Communication of the sentence to life
imprisonment had been looked for, but
here was an absolute pardon, and the
murderer with shadow of the gallows
already over him was free man.
1t was some time before the people
could be made to believe that the news
was true, and many did not believe it
until Hastings was allowed to walk
from the prison unshackled.
The only reason the governor as
signed was that Judge Garrow had re-
-oueSted il in 1ariyate letter and the