Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-12-05
HORIZONS HOPE GONE
The Condemned Murderer Will Be
Hanged Friday.
ATTORNEY GBN'L AGAINST CLEMENCY
Endorsement of the Case Given to
the President.
LAW TO TAKE ITS COURSE

George w. Horton, the condemned MUIR
derer, it is expected, will be hanged next
Friday. There is practically no hope for
him. President Mckinley will probably de-
cline to interfere with the sentence of the
law. He will probably sign the recon-
mendation of the Attorney General this af-
ternoon.
The President told Attorney Jeffords this
afternoon that he would give the papers in
a few minutes talk with the President.
The attorney knew that the Attorney Cen
eral had recommended that the law take
its course, and this was the final hope. An
the papers are before the President. and
while he could change his mind, it is not
likely that he will do so, in view of the
recommendations before him.
Papers Laid Before the President
When Attorney General Griggs went to
the cabinet meeting this morning he took
with him the papers in Horizons case, and
when the cabinet had practically finished
its work he laid the matter before the
President, explaining what his conclusions
were. The President decided that he would
approve the recommendation of the At
toIney General. thus denying the applica-
ton for communication.
AS Attorney General Grggs was leaving
the White House Attorney Jeffords, accom-
panied by Mrs. Horton, arrived, in the hope
of seeing the President, who then
gagged with Secretary Root. Mrs. Horton
at the Department of Justice yester-
day when the case of her husband was
argued.
The re, ommendation of Attorney General
Griggs is positive against communication. It
is as follows:
Attorney Generals Recon- IN da ion.
The prisoner is under sentence of death
on conviction of murder. The crime Of
which he was convicted was committed
wit, 81. Of rba
fact of the killing was not disputed. The
defense was insanity. Thirtyeight wit
nesses We're called on behalf of the de-
PENDANT to prove that al the time of the
killing he not possessed Of capacity
and reason sufficient to understand the
nature and character Of his act and its
consequences. and to know that it was
wrong and criminal. ThirtY-One witnesses
were called in rehuttal on behalf of the
government to show that the defendant
was sane aud not irresponsible for his act
The killing being admitted, practically the
only question for the determination of the
jury was that of criminal responsibility
This question was solved against the de-
PENDANT. The record in the case, including
the rulings and instructions of the trial
judge to the jury upon the question of in
sanity was submitted to the Judgment of
the Court of Appeals of the District Of
Columbia AMI no error was found therein.
Subsequently, an application was made to
the United States Supreme Court for u
certiorari to remove the case into that
court for further review, which application
denied.
The accused appears TO have had fair
trial and to have had the question arising
for decision by the jury fairly presented
to it by the court. The question of sanity
was decided by the method and by The trib-
unal best calculated to determine an issue
of that nature. The only ground now pre-
sented as a reas on for committing the sen
tence of death that has been passed upon
the prisoner Is the same contention that
was made the trial, namely, that the
prisoner was insane at the time of the COM
mission of the act, and therefore legally ir-
responsible. Numerous petitions are pre-
scented i'll which the Signers express their
opinions that tie prisoner is insane. These
expressions o. opinions can be regarded
nothing moe than extra judicial deliver
ances, the most OF them by persons unskin-
ed in determining questions of sanity, and
their statements being entirely eXparte, and
given without opportunity for cr0ss-exami-
nation. Inc incidents given in the papers
tending to show acts which indicate in
sane conduct by the prisoner are the same
nature as those testified to by the thirty
eight witnesses the trial.
The prison physician under whose
charge The prisoner now is certfies that
at the present time he is entirely sane /
cannot regard these expressions of opinion
that are now presented as sufficient to
overcome the solemn and deliberate verdict
rendered by the jury upon their oaths
upon the one question of fact that was dis
puted IN the case. That verdict was iusti-
ned by the evidence, and it would not be
in support, but rather in derogation of
the sanction and respect that should be
given to the verdict of a jury and the
judgment of the court. We're the executive
TO nullify the finding by Communication of
the sentence upon a theory inconsistent
with the verdict of the jury
respectfully advise that the commute
ton be refused"
Claims That Horton is Crazy
MIS-. Horton did not see the President
tfiSa afternoon. Il wanted tn hin,
She said. TO tell him lint NIr Inr,... -.