Daily capital journal. (Salem, Or.) 1896-1899, 1897-11-19
KELSAY PORTER
viii Be Hung at Union
Governor Lords Able Review Of
the Case.


with the tindings of Judge or jury
especially in matters of such grave
import as this, on general principles,
but, Of course, have not allowed this
indiSposiJion to hinder the fullest re-
gard for every point sent up iu exten-
uation of POrter's crime.
81 can readily concede the intense
aggravation he labored under in his
contact with his youngest victim, the
boy Mack, and had he been under con-
viction of killing him, l might have
found warrant for clemency at pres
ent before me.
ellis case is that Of killing the
father; this is the crime he is charged
with, aud the trial and appeliat
courts have found him guilty abso-
lutely and directly, while indirectly,
and correlatireiy, upon the same test
imony which wrought the conviction
for the murder Of the old man, finds
him equally guilty Of slaughterlng the
mother and son; and in view of the
proven facts, L am constrained to
withhold my official power in case
Of such ruthlessness and hideous pro-
portions, despite the provocation
might admit had he dealt with the
son alone. "a
But, look at the testimony, as 1t
stands. 1t was proven the original
dispute was over land. Porter's land
no doubt. and the tresspass on and
oyer the same, by the Macks. The
home of the alleged tresspassers was
so situated that nothing was left
them by way Of ingress and egress,
except across Porter's premises, to the
main road which bounded the latter
on one side. Frequent quarrels had
taken place, mainly between Porter
and the yound Mack, engenderlng a
lasting degree of evaporation that
was In no sense abated by the advice
of a local justice-of-the-peace to whom
Porter applied, assuring him he had
no recourse.
"The day of the tragedy arrived,
and the testimony proves that Por-
ter, anticipating another excursion
across his land by the family, delib-
erately ambushed them, watching
from the angles of his barn their ap-
proach, fact demonstrated by his
tracks in the snow. Noting their
coming he assembled to the roof Of the
barn, bearing with him repeating
rifle, which for the time being he hid
in the rafters beside him. His as
cent to the barn roof, was, ostensibly,
to shovel off snow, out from this van
tage point he saw the family pass
by, the son on horseback. the father
and mother in a sleigh drawn by a
team, the son leading and letting
down the bars at the roadway,
through which all passed, the old
couple driving on down the county
road, the boy remaining behind to
put up the bars.
GAS the lad finished this task and
swung on to his horse, he espied Por-
ter upon the ridge Of the barn; per-
haps he had discovered him before; at
Ill events he started to oYertake his
parents when Porter arose and begun
iring rapidly at the boy who had
lrawn his revolver, but whether In ad.
vance Of Porter's attack or not, the
'ecord is not clear; the fact remains
hat he fell from his horse, dead,
killed by the gun in Porter's desper-
tie hand.
"Almost simultaneously, one of the
lorses in the team hauling the elder
,eople, fell dead In the snow killed by
! random shot from the same weapon.
"And now comes the blacklist phase
# the whole business.
Porter, having dispatched the
'oung man, decended from the barn
oof and went directly over the tell
ale snow in the direction OF the
lalted sleigh which had proceed
bout 100 yards beyond when the boy |
net his fate and when within a few
,aces of the vehicle, his tracks showed
hat he must have made detOur
Iround it and its occupants, who
we're subsequently found dead; the
mother sitting bolt upright on the
eat OF the sleigh; the father
stretched on the snow beside it with
he mark of terrible blow across his
forehead and near the outfit six or
'eyen empty shells that matched the
Iun carried by Porter and the others
ound at intervals on about the barn
he leayings of the fusilade directed
t the son. And further, it was
hown by the wounds upon the bodies
1 the old people, and from the bull
et holes in the sleigh, that the shots
Ould not have been FREQ from behind
lor from an angle fayoring the barn,
S is claimed 10 his defense for the q
andom shots which it is alleged over |
ook the parents as Porter was firing :
Il the boy.
"The whole trend OF the testimony i
5 strongly and eonclusively ia sup e
'ort OF the fact, that Porter having Q
murdered the son, and noting the
Ielplessness Of the old people with
he slain horse, determined to and
i'd deliberately pursue his vengeance
0 a limit that enccmpassed their .
cath ia the maLner described.
"With facts such AS these and the
Geight and consideration given them
y the courts OF the state, l cannot
nd enough in the pleadings filed
nth men, urging ciemency, 70 resist
that seems TO me the larger and
lore imperative duty due society. ]
he manslaughter OF whole family
J a crime so surely involving the
instinct as TO preclude any
hing like a rational doubt OF thei
aadlV nurnoaa ~ TIA r,ernafFafof %