The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-04-14

TIE trial Of william Carey. the man con-
victsd OF numbering his stwash mistress.
has answered tbs letter recently trans
mstfed By Gov. Rogers 20 the board OF
P&rdons. in which the chief executive
gives his opinion as 70 the pardoning
power CT the governor Of the state aud
closes b. shifting the responsibility for
pardon on the trial Judge and prosecuting
attorney.
In his answer Juags Humes takes issue
with the governor on his statements, and
gives forcfble reasons for 50 doing. He
states that ne has never agreed with the
jury and prosecuting attorney that Carey
was guilty. but On the discharge of his
duty he VAS no, called On to agree or dis
agree with them. He had nothing 10 DO
with the facts; did not make the law. but
simply told the jury the law.
Concluding hts letter 10 the governor.
the judge asserts that he wants no blood
on his ham, and II the chief executive
desires TO place the responsibility on him,
whether William Carey. or any other man.
shall live or die. he viii unhesitatingly
say. Let the man live
The communication transmitted to the
governor In full is as follows:
Hon. John r. Rogers. Governor OF
Washington. Olympia. Washing ron-Dear
Sill: a copy OF q letter pgrporting 10 have
-
hoard Of pardons. olympia. under date Of
the 10th inst. has been handed 10 me for
perusaL II the letter you say:
You ask thst sentence OF death now
pending against r. ~ StraGb OF San Juan
county. aud william Carey. Of King coun-
~, Dc, Ia each case. commuted 10 lie I'M
prisonment. My understanding Is that
you do this because coascientiOUsly OPP
posed TO the death penalty Tor murder
In this matter my opinion has become
wei known. My belief Is that the par
~ n = sin 20 a. n
be used in cases where there has been
miscarriage Of Justice DO not believe
that governor would be justified in null
ufylns or @brosauns a law whieh does
not meet with his approval Judges, Ju-
RES and attorneys have their duties and
their places IN the administration of law
They hear and decide cases and the prose-
cutting attorney, representing the people
upon trial. prosecutes offenders. In each
OF the cases cited Judge. jury and prose-
cutting attorney came TO an agreement
and the jury rendered decision. The au-
thorities specially charged with this duty
have come TO the conclusion after careful
consideration that these men are guilty
OF murder in the first degree. The pen
atty prescribed for this crime Is death. L
do not feel warranted In overthrowtng
the decisions reached. l have carefully
considered the matter and am OF opinion
that the responsibility rests solely with
the judge and prosecuting attorney IN
II the presiding Judge and prosecuting at
torney viii, In writing, ask for commute
ton OF sentence in either one. or both. Of
these cases IL will be granted. Otherwise
the sheriff must do MS duty
Il was the judge who presided at the
trial OF the William Carey mentioned.
Many good people here apd elsewhere
have requested me 10 ask Of you, IN writ
ing, a Communication OF his sentence, al
recommended by the board OF pardons.
with many declarations contained In
place / do not understand that you. are
asked TO 'nullify or abrosate' a law OF the
state. All that you are asked TO do is 10
commute sentence of death TO imprison-
ment for life; that you are specially au-
thorixed TO do. (See Hill, Secs. / and 2,
Penal Code: also Hill. Sec. 1,l3S). The
lesisllatnre In prescrielng punishment al q
so with special reference 10 your power
and authority 10 change the punishment
TO Imprisonment for life
THE same power that said person
shall be hanged by the neck until ne -
dead. If convicted OF murder In the first
degree. has said that you have the power
TO pardon him altogether. or to commute
the punishment TO imprisonment for lie.
This / do not understand is multiplying or
abrosating' = law; IL is giving force and
effect TO a law. IL Is constitutional and
valid. wise and humane. Further, by
granting this Communication, you would be
carrying into effect the Will and wish OF
the people OF the state. as expressed by
the legislature Just adjourned, which, be-
ing composed of members ever conscien-
tious and humane by solemn act created
gency: which emergency was. assume 10
enable the board 10 pass upon the cases
mentioned in your letter, with others
This board Of pardons. / take II. Is COM
posed OF honest, conscientious and hui
name individuals. and being under oath
20 do all things in strict accordance with
before n. with ali the facts ana attending
circumstances. and being fully advised.
have solemnly asked you TO commute TINS
sentence 20 imprisonment for life. As 10
~tsuF Ana oIaft sd hs
the board In the premises, | do not care
20 inquire: they evidently deemed the rea-
sons sufficient.
ton OF this board, created by the same
power that prescribed the punishment for
murder IN the first degree. would be sufi-
cfent 70 Justify you In granting the prayer
OF the said board without inquirtng fur
ther. While you may not be compelled
70 follow the advice or recommendation OK
the board. think, however. that II would
he safe 20 90 50, unless you are OF opin-
ion that they have acted corruptly. or
without due and proper consideration ana
regard for the welfare or the people or
The legislature no doubt was ot
the opinion that cases would sometimes
arise IN which the infection OF the death
penalty would be too severe. In such
cases the constitution and laws OF the
state have cast upon you. and upon you
alone. the duty TO modify and change the
punishment imposed: that il. 10 commute
IN. In other words 20 carry into effect thu
wish and will OF the legislature. 70 give
effect 90 the law. not repeal IL. or abrogais
II. BE humane. not cruel and inhuman.
Now I never agreed with the jury and
prosecuting attorney that this man was
guilty. / was not called UPON in discnarg-
Ing my duty. TO agree or disagree with
them or 20 have or express an opinion. I
had nothing 10 DO with the facts. I dli
not make the law. I simply told the Jury
the law that was applicable 20 the case.
The Jury rendered the verdict that he was
In. 10 Fams &4ss~Et
being the case the law says that he must
suffer death. or that you may commute to
imprisonment for life-
III there was evidence tending 20 sustain
the verdict I had no alternative but 70
sentence him 20 death. This the law re-
qui~ed me 70 Go. ! haf 70 choice IN the
premises. Even II ] thousht that the
ends Of Justice would be best subscrved
b. sending him 10 the penltentiary for
life I could not do so. that IS for you
90 DO. not me. The sane law that saws
tina, u ives my duty % sentence -
death saws you nav change 20 iuaprison-
rnent for lifs- II Is ths law OF the land IN
II have agreed 70 nothing in this trans
thought about *. except 70 say. IN the
rncslcn for a new trial chat there vas
evfdenc. IN tire case tending 20 show de-
PENDANTS guilt That was all
II Go rot think that for y0u 70 com
mute this punishment. as asked
wpulE be '0vertnruwtnr the decision
reached The only decision made was
BY the jury in rendering the verdict Il
gullty. Tbat decision stands. whether Ca
rev - hanged or goes "a the peaifentfary
for ufs. The law Is not 'ahrnEatea.- "a
have shown bat s. esvea force and -
f~es NOT hing - ove-fhrawn The pun
lsauent e slanply changed that ~ ali
'-Tr@ most striking decls ration con-
tai-ed n your letter re ore that ran-
Germs myself tire most IS ths following:
1 have carefully considered tne matter.
Ard ar q opinion that The responsibility
80 Nh tie t-l..ge Al E.raaa.-..Lrr a.