Evening star., 1897-04-07
SEN ENCE AFFIRMED
Court of Appeals Passes On the Pearson
Case.
Supreme Court or Executive Clcmcncy
5e-f the Only Hope for the
Old Man.

As announced I'm The Star. the Court of
Appeals yesterday afternoon affirmed the
judgment of the trial court in the case OF
Lum Pearson, who was convicted last fall
of the murder of John Ford in Georgetown
last August, and sentenced to be hanged
the seth of this month. The opinion of the
court was written by Mr.. Justice Morris,
and the courts decision, in view OF Judge
Bradley's recent decision in the Gray mur-
der case, was awaited with considerable in
terest. In the Gray case Judge Bradley
held that the act of Congress of January
Il, 1897, limiting the offenses in which the
penalty was death, is applicable here. and
that the act did away with the infiiction OF
the death penalty in murder cases where
the offense was committed prior to that
date.
This ruling of Judge Bradley was called
to the attention of the Court of Appeals by
District Attorney Davis. and. after holding
that the trial court committed no error
during the Pearson trial, Mr. Justice Morris
says:
Since the argument of the case our at
tenuon has been called to an act of the last
congress which is presumed to have some,
bearing on this case. 1t is now contended
that a proper construction of that act pre-
ciuded the carrying into effect of the SEN
tence which was imposed upon the appel-
lant, upon the theory that the act in uues-
CRIME OF murder committed, as that was
committed prior to January L. 1897 As
Stunning that this act is applicable to the
District of Columbia, which, however. We
90 not decide. and which may well be re-
served. We find no sufficient justification
either In the letter of the enactment or in
spirit for the contention here advanced
referring TO the third and fourth sec
tions of the act, which are claimed to be
applicable to the Pearson case, Mr.. Justice
Morris says: The argument is that not
wlthstandlng the express provisions OF Sec
tion OF this act, which, standing alone
from the proviso appended TO it, would
beyond all question, exclude offenses pre-
Viously committed from any and all opera
ton OF the act. and make the act TO every
intent and purpose purely and simply pros
pectlNe yet the effect of the proviso is
virtually to nullify the previous part OF
the section and TO abolish the penalty OF
death as punishment for the crime of
murder committed before the passage OF
the act. In view of the well-known rule
Tor the construction of statutes we are
bound to scan carefully the course of rea-
soning which would lead to a contrary re-
suit. We think that the course of rea-
soning which would so lead us in this in
stance Is strained, unnatural and unwar.
ranted by anything that appears i'm the
statute itself or by the circumstances which
We may assume TO have led to its enact
ment."
The opinion of the court concludes as fol.
lows: FINDING no error in the rulings OF
the trial court and no force in the sug.
gestion of the application CT the act OF
Congress of January 3 1897, must af
firm the judgment in this case
Pearson. who is nearly seventy years
of age, is represented by Attorneys An
drew Y. Bradley and Thos. c. Taylor The,
may make an effort TO carry the case tt
the United States Supreme Court, and
Falling in that. they will ask the Pres
dent to commute the sentence of death tc
one of life Imprisonment