The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-01-16
COUNCIL OF STATE
Only One Pardon Granted at The
Session.
HERLICH NIEMANN FREE TODAY
Believed to Have Suf.
fered Sufficiently.
Plea of w. II. Coulter Denied.
One Received Too Late
for Action.

The Council of State met in the great
hall of the Executive Building at p. m.
yesterday, with the following members
present: Bolte. Brown, Ena, Jones, Kane.
Kennedy, Mott, Robinson, and G. w.
Smith, secretary.
President Dole occupied the chair and
Attorney General Smith represented the
Government The minutes of the previous
meeting were read and p. c. Jones, who
was absent at the first meeting of the
new Council, was sworn in as member.
Hon. Cecil Brown read the report of the
committee to whom was assigned the
duty of investigating the case of Herlich
Niemann, who shot Jack Fry some time
ago, recommending the petition for par
don of the prisoner. Minister Smith then
read the petition of the prisoner, setting
forth the details of the case. The Pc
tition was signed by a large number Of
citizens and was not opposed by the Gov
eminent The motion to pardon was car
ried unanimously.
The next matter before the Council was
the case of w. II. Coulter, convicted in
1894 of>receiving stolen goods and after
wards convicted of highway robbery in
robbing a Chinaman in the neighborhood
of the Pail. In the latter case the man
was convicted on the evidence of COM
panion who turned states evidence. Let
ters received from the pastor of the
church in San Francisco of which Coul-
ter's wife is a member, and from Mrs.
Coulter, were read by the Attorney Gen
eral. The condition of affairs at home
were set forth in the communications.
The wife stated that they were in need
of the common necessities of life, that
CHI
know how long she could get on with the
limited support they now have. a report
from the prison inspectors was read in
which it was said that the man was not
good prisoner in the beginning of his
sentence, and that there was nothing in
the crime that would warrant the grant
ing of a pardon at this time The con-
dition of his family in San Francisco,
however, was such that if it is the wish
of the Council to grant the pardon they
would not oppose 1t. The Attorney Cen
eral said ii was a difficult thing to say
in case of this kind whether two, five
or ten years would satisfy the law. Sym
pathy for the family of prisoner was
not the only thing to consider in the is
Suance of pardon. Men were punished
for crime to protect society. a pardon
could be issued making 1T conditional that
he leave the country, but it is a question
whether he would be a benefit to his fam
lily. The Executive had taken no action
in the matter and it was left to the
Council.
Mr.. Jones wanted to know if the Coun-
Gil had right to introduce a motion for
a pardon. He could not endorse the ap-
plication, even though he had received a
letter from the wife of the prisoner, of
the same tenor as the one read by the
Attorney General, and of course his SYM
pathies went out to the weak, but the
husband had forgotten his duty toward
his family He questioned whether the
Council had the right TO do it.
Mr.. Kennedy moved that the applica-
ton be laid on the table until such time
as the prison inspectors should recon-
mend pardon. 1t had been suggested by
the Attorney General that the man might
be pardoned and sent out of the country.
If the mans case was such as warranted
executive clemency, then the mans act
ions should be such would not compel
the Government to send him out of the
country. =. c. Jones seconded the motion
to lay on the table. z. G. Winston moved
an amendment referring the matter to a
committee of three. Amendment lost and
original motion carried.
The Attorney General announced that
two applications had been filed, but the
inspectors made an adverse recommends
ton, so he would not mention the names.
Another application had been received too
late for consideration, and for that reason
il could not be brought up. There being
no further business, the meeting then
adjourned.