The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-04-12

There is considerable comment on the
reasons advanced by Gov. Rogers for his
refusal TO commute the death sentences
passed on William Carey, of King county.
and X. Ii. Straub. OF San Juan The gov
ernor has said that If the judge who pre-
sided at The trial and the attorney who
conducted the prosecution in either case
will make a request in writing for COM
mutation OF sentence IL would be granted.
otherwise the governor declines TO Inter-
fere.
Much pressure was brought to bear m
these two cases and numerously signed
petitions were presented TO the board or
pardons That body made recommended
tons favoring the Communication OF the SEN
fences, but the governor sets aside this
advice and seeks to place a grave respons-
ibility upon men who. having retired from
Office, are now private citizens OF the
commonwealth.
The story OF William Carey's crime.
trial and conviction is ell-Anown. Since
the sentence OF death was passed upon
him no effort has been spared by local
philanthropists to secure his pardon or,
at least a Communication OF the sentence
to life Imprisonment. Naturally these ef-
forts were directed toward securing the en-
dorsement 10 the petition OF ex-Judge L.
]. Humes, before whom the trial was held.
and ex-Prosecuting Attorney A. w. Has
The gentlemen, however. have been con-
tent to abide by the decision of the jury.
both believing that Carey was given a
fair and impartial trial and received the
benefit OF every reasonable doubt.
Just at present neither Judge Humes nor
Mr.. HASTE feels AT all honored or pleased
by Gov. Rogers attempt TO place the life
OF Carey at their mercy. Neither OF them
had any interest In the matter beyond the
execution OF his official duties; both have
retired to private life and now have no
interest In the matter beyond that OF any
other citizen, neither cares 10 assume the
responsibility, and both feel that they are
somewhat imposed upon
In an interview by a Post-rntelllgencer
reporter last night, Judge Humes said:
THE governors action is most surpris-
ing TO me. He practically surrenders TO
the courts the pardoning power which,
by law, Is confided solely TO the executive
and the board OF pardons; what's the
use OF having such a body? II was Great
ed as an auxiliary TO the executive. to in
vestigate the facts presented In connec-
tion with request for pardon or commu-
tation OF sentence. What good can IL ac-
complish II its findings and recommen-
dations can be set aside by officers OF the
trial court, or. az In this case by couple
or private citizens?
II am reminded Of an incident that han
pened during the term of Gov Ferry An
Eastern Washington Judge sentenced
man 10 death and Immediately wrote a
strong letter 10 the governor urging that
PARDON be granted the condemned man.
Gov. Ferry was very wrathy What
sort OF Judge is thIs7' he said, What
right had be to pass sentence on a man
whom he believes TO be innocent7 That
man was not pardoned.
l had no interest in the Carey case. 7
interpreted the law TO the jury and passed
sentence on the verdict In accordance
with law. But suppose a case where an
innocent man is convicted through the
bias and prejudice Of Judge or over-zeal
on the part Of the prosecutor Such a
man. TX the facts could be shown is en-
Titled 20 executive clemency: but Gov
Rogers would put this mans life again al
the mercy Of the prefudiced Judge and the
oYer-zealotis prosecutor. What mercy
could the accused expect OF them7
II the governor was satisfied with the
investigation Of the board OF pardons ne
should have taken n firm stand and grant
ed the Communication Of sentence The
records In the case are before him. and
any new light or additional facts wou1d
be presented Even IL II were a mistake
70 grant the petition. II would be an error
on the side Of humanity and ali humane
rem would approve the action. A for
others-wel, their appreciation is not
worth having"
Mr.. HASTE briefly reviewed one or two
OF the points IN the case upon which the
request for communication Of sentence was
based
i do not believe there IN any rnrrl. IN
the present defense Of Carey" he said
Miss Warren who has been greatly in
terestsd in the case. has talked with me
ABOUT II. She does not believe that Carey
struck the blow with the oar that killed
the indian woman. The fact that Carey
ala strike the blow was sworn - By Two
eye witnesses. and ] am convinced Of n
". IL White. who was also interested IN
tafeys behalf. took the position that
@4rey was Intoxicated at the time and
struck the blow in a At OF drunken anger.
Ane supreme court in reyiewins, the case
passed upon the question Of iutoxfoat,on
ana ala not consider Carey entitled 10
another trial At any rate. 70 accent Mr..
/" mites view would convict Carey OF per-
Jury, Tor he s1ors on the stand thar he
was sober and that he did not strike the
woman.
i nave all along declined 10 sanction
we Efforts for Communication. The man
ha1 fair trial ard was believe ,y14s1v
convicted Since Gov. Rosers has .ssu