The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-03-20
WILL HANG TO-DAY
Pearl Bryan's Murderers to Pay
the Dread Penalty.
Cl EMENCY DENIED THEM
CLEMENCY DENIED THEM
GOV. BRADLEY, AT LENGTH,
SETS FORTH HIS REASONS.
AS TO THE LAST CONFESSION
It involved Dr.Wagner Who is Now in
an insane Asylum, But Delay
on This Account Not
Thought Wise,

Thought Wise,
Frankfort. Ky, March 19-Jackson
and Walling must hang tomorrow. Gov
ernor Bradley has refused to respite
them, and has ordered troops to New
Port, where the execution is to take
place. The following is the full text of
the Governors refusal to interfere:
THE common law concerning the
crime admitted in the confessions, to
have been committed, is in force in this
State. The confessions show that Pearl
Bryan was killed by drugs administered
to produce an abortion. If this be true
she being quick with child, as shown by
the evidence, the child was killed also
Her death was caused by drugs deliber-
ately administered, the effect of which
clearly manifests an utter disregard for
human life. The agency employed was
not only one from which death or great
injury would probably result, but from
which, considering its rapid operation,
death would necessarily result. Either
the physician who administered the drug
knew, or had every reason 10 suppose
it would cause death, or should have
known it. Under either state Of the case,
he was guilty of murder, and Jackson
and Walling were, and are, equally
guilty under the statute of Kentucky
All this must be conceded IL the con-
fessiOns are true.
The confessions, however, are incon-
sistent and contradictory, utterly at war
with every statement that each of the
defendants made on the witness stand.
1t is urged that this should be over
looked because they were then swearing
for their lives. Conceding that their
false statements were made to escape
danger then pending, it may well be ask
ed how much greater is the danger than
now confronts them when they stand in
the shadow of the gallows? If they are
exeusable for false swearing then, how
much more likely is it that they would
much more likely is it htat they would
speak falsely now? One of them says
that the body was taken away in a cab;
the other that it was taken in a wagon.
This conflict would be quite immaterial
but for the fact that Jackson says they
got inside the cab while Dr. Wagner
drove. The contradiction, therefore, be-
comes material. Wallihg says that Dr.
Wagner and Jackson removed the head
while Jackson says that DR. Wagner did
H. The removal of the corset might
have taken place to distribute the blood
more generally through the system, and
may have been looosened when the in
lection was administered, and fallen
when the girl was being conveyed to the
place where she was found. The whole
confession bears a striking similarity
to the testimony of George Jackson, for
it is now admitted that the body was re-
moved by both Jackson and Walling,
and both were present when the girl was
decapitated, thus destroying the de-
fensive theory on the trial that the tracks
were made by others than Jackson and
Walling. The note, or letter, said by
Walling to have been received from DR..
Wagner, asking that the clothing of
Pearl Bryan be sent to him, and stating
that she was under his care, is not pro-
duced, nor its absence in any way ac.
counted for Not only is the confession
contradiction of the evidence of both
defendants, but a fat contra
dictiOn OF the letter of killing sent
me recently and claimed to have been
written by him under sense ofrapidly
approaching and certain DEATH These
men have not only trifed with human
life, but have trifled with the courts,
trited with the execution and set at de-
fiance the laws of God and man. If it
be established that one criminal, after
such conduct as this, can, by mere pre-
tended confession, obtain a respite, then
every other is entitled to hike treatment
and this would result in frustrating JUS
tice and bringing the execution of the
laws into contempt. The wounded hand
of Pearl Bryan, solemnly and surely
points to the fact that she was not dead
when beheaded. That wound could have
been inflicted only when. during the
terrible decapitation, she raised it in
order to ward off the cruel knife.
Dr. Wagner is in the asy-
lum, and is the man of all other,
by reason Of his condition. at whose
door the defendants would most natu-.
rally lay this terrible crime. To grant
respite in order that the defendants
might be used as witnesses to procure his
conviction would result in delay Of at
least a year, as experience in the trial Of
defendants have demonstrated. In view
Of the various conflicts in defendants
statements, no jury would, or could be-
lieve any statement that either OF them
might make, and consequently Wagner
will not be convicted. Such delay could
result in no good, and would only add
fuel to the flames, and furnish further
incentive to mob violence in this State.
The claim that Walling was under the
influence of Jackson and therefore
should have clemency cannot be consider
ed. He shows himself the willing and
ready assistant. Each of them have clear
ly exhibited a reckless disregard for hui
man life. Their confession, taken in
connection with the facts and circum-
stances proven in the case, show that
thay aommittad an atrncio,,c nr.;r,a T;fo