The times., 1897-03-14
BY CHARLES b. LEWIS.

1e had been murdered. He had Tecei yed
three stabs from a knife, and lad died
within a minute or two after falling 20
HE ground O'Donnell was a young man
of good family, and a big reward for the
discovery OF tile murderer resulted in a
close and vigorous search After about
week young man named Charles Shearer
was arrested for the crime, and before he
was arraigncd the police had such a
strong case against him that no one was
found 10 doubt his guilt. He and o. DonnelI
mad met that night in billiard room and
lad had hot words. When o'Donneli left
the place Shearer followed him. IL was
Ihown that both loved the same girl and
had had several quarrels Three or four
parties had heard Shearer threaten 10
get even with the other
A witness testified to seeing the arrested
man within a block OF the scene ofthe muir
der. While no knife was found, dealer
in cutlery swore to having sold one to
Shearer three or four days before. Half an
hour after the murder, aS near as the time
could be fixed, the suspected man had
entered a resort several blocks distant
and was so nervous and agitated that his
condition was generally remarked To
crown all, the girl admitted that she had
that day accepted o'Donnell and rejected
Shearer, and she exhibited note from
the latter in which he vowed that no man
but thimselfshould ever become herhusband.
1t was. plain, straight case, and when the
trial came on ShearcT was promptly con-
victed and sentenced to death. His plea OF
mot guilty was looked upon as mere
fol mality.
There are certain States in which all eN-
ecutions by the gallows take place within
the walls Of the State prison. Shearer was
sent to the prison OF which | was as
sist;int warden, and had sixty lays to live.
For the first twenty DAYS he exhibited the
utmost Indifference TO his fate. but then
he suddenly changed about. He sen, for me
one morning, and j was surprised at the
change in him. IL was like inan coming
out of a stupor. He asked me how many
days he had been in prison and how many
were left TO him. as il he had given time
10 thought, and he did not seem sure Of
the fact that he had been sentenced 10
die After bit tie denied that ne had any
thing to do with 0'Donncli's death Every
One knows that nncty-nine out of every
hundred convicts deny their guilt, and Of
those sentenced To death IL is rare that one
admits anything until the last hour.
/ had expected the young man To declare
his innocence, and after talking with him
for quarter Of an hour ] left him, with
The feeling that he was guilty as charged,
and proven in a court OF law. Two days
later he sent for me again. He had been
,eCalling and reviewing the testimony that
convicted him. His defence in court amount
81 TO sftle more than a denial. When 1
came to nee him the second time he had
plenty OF details TO give me lie admitted
hat he had threatened o 'DonneH, but de-
slared that the victim had threatened him
also, though unfortunately not before Wit
aesses. He admitted writing the note,
and following his rival out OF the billiard
parlor. He meant to force a quarrel with
him. but before he could do So . Donnell
was approached by q man who said
something TO him In low tones, and they
walked away together. SheareT was so
upset that he simply walked about the |
streets for couple of hours. He entered |
one place and called for brandy, and as he |
drank it two men tried 10 quarrel with him. |
One followed him cut and struck him. and |
his accounted for his looks and actions |
when he entered the resort spoken Of. In |
ais walking about he might have passed |
near the scene Of murder. but of thathe had |
no knowledge.
1 am not giving you all the little de |
tails, but when he had finished, / felt |
that he had made the case at least doubt |
tul. Had he put forth this defence in court |
there might have been a disagreement OF
the jury. He had been tried, convicted and !
sentenced, and what could be done? Moth. |
Ing ] told him, and vet the fear that he
might be innocent SO weighed on my mind |
that / determined TO satisfy myself on a |
Few points at least. ! sent detective to |
see the girl and she admitted hearing the |
dead man make threats against Shearer. |
Of the two he was the more violent The |
officer visite the saloon, and the barkeeper |
remembered the incident Shearer had re-
ated. He found another saloon, where the |
condemned man had sat down To q table |
for half an hour, and had looked and acted |
Io queeTly that several persons had re- |
marked him. Three blocks from the scene
)f the murder Shearer had sat down on the |
teps of house for forty minutes and a |
night watchman was willing to swear 10 |
ais identity.
Op the trial it had been claimed that the |
prisoner was arrested as he was packing |
1 satchel 10 leave town. II was found |
that he was simply sorting over some |
clothes to be taken to the cleaners. They |
lad found no blood on him. but claimed |
hat he had destroyed a suit of clothes /
This the detective found to bc a statement |
without the slightest foundation. To be |
1Tief inside of three days good defence |
mad been worked up for SheareT, ana then |
the lawyer who had defended him was |
called in and given full particulars. He |
was about going away on long journey, |
and he could take no further Interest in the |
case. Shearer had 10 means, and the only |
alternative was 10 appeal to tire governor |
ora respite untilthe case could lie sent back |
jocourt. Tire warden took as much interest |
In the case as did, and when all the facts |
We're presented 10 the governor lac granted |
stay OF execution for sixty days.
The action Of the governor was public |
property, and when il became known that |
there were doubts Of shearer's guilt two |
opposite things happened Half dozen |
people Offered financial assistance to help |
work up the case, and o'Donnell's parents |
and friends used every means in their |
power TO obstrGct our work. They had the |
police and public back of them, and I |
am telling you the truth when | say that |
every one who had spoken in favor of |
Sbearer was intimidated in one way or |
another into silence. The lawyer who took |
the case entered into il without en- nthu- !
siasm, made a bungle of preparing his |
appeal, and the result was denial from |
the higher court. When this occurred the |
governors S respite had only ten days more |
to run. He was appealed to, as we were |
still at work, but refused to grant an |