Daily capital journal. (Salem, Or.) 1896-1899, 1899-04-28
OLBERMAN SAVED
Governor Geer Finally Decides 10 Com
mute His Death Sentence.
Scafold Was All Ready and lie Vas to
Have Been Executed at Six O'clock
FRIDAY Morning.

Governor Geer has cOmmuted the
sentence OF death pronounced by the
courts upon j. NJ. Olberman, OF Rose
burg, 10 life Imprisonment. For
weeks past, friends Of the condemned
nan have urged the governor TO take
this step, but be hesItated, until, at
$50 p. NJ, Thursday, he placed The
following telegrapbic dispatch upon
the wires.
'SALEM, Or, April q, 1899.
ITO II. L. Stephens, sheriff Of Doug
las COUNT, Oregon:
You are hereby notified that / have
This day commuted the sentence Of
death, against j. NJ. Olbermau, now
10 your custody, TO be hanged Ou
April %, 1899, 10 "A life sentence 10 the
state prison, and you are hereby d.
rected 20 withhold the execution q
said sentence OF death. Please az
knowledge the receipt OF this tele.
(Signed) Il. 7. GEsR,
Governor.
Late last evening the governor re-
celved a message from Sheriff Steph-
ems, acknowledging the receipt OF the
notice OF communication.
The governor gives out the follow.
Ing statement OF Justification OF his
action IN interfering with the nan
date OF the court:
81 finally concluded TO Commute OIL
berman's sentence TO life lmprlsOn-
ment for the reason That there we're
many ~extenuating circumstances that
remove his crime from the class OF
deliberately planned murders. His
victim had not only yiclously warned
him the night before that he would
kill him when he was least expecting
II, hut had refused % W To bed, lying
on the lounge all night and muttering
his threats long after Olberman had
retired. Reputable citizens Of Myrtle
Creek have proven 10 me that Casteel
had not only threatened Olberman's
life but that o. several other men, and
that he was a bully by nature and a
dangerous man. l have petitions
signed by slxty-two citizens OF Myrtle
Greek, where the tragedy occurred,
stating that Casteel frequently threat
ened ~ kill people and drove
his s%on-ln-law from home by
threats 90 kill him; that he
threatened 10 kill Olberman
and we believe he would have carried
the threat into execution had he not
himself been killed"
ITO my mind, these facts, which
are well established, make a wide
distinction between Oloerman's
crime and that which ls committed
by hIghwaYman who deliberately
murders for gain, or the brute who
takes human life purely for revenge,
and there should be a distinction be-
tween the degrees Of punishment fol
lowing their commission. Courts are
sometimes prohibited from gong out.
side the forms OF law and the record,
although convinced, perhaps, that the
equities Of the Ease would warrant a
different inding, IL IL 10 correct such
conditions that the rlgdt 10 take a
larger aud less restricted view OF the
circumstances surrounding n case Is
given ~ the executive. 10 Is great
power 10 place In the hands OF one
man aud should be used very spar
ingly and rarely.
have an abundance OF testimony
from Myrtle Creek aud Portland, where
he lived for four years, that OLDER
man Is a man OF steady habits aud OF
A peaceable disposition aud has never
associated with the criminal class.
The Communication OF his sentence was
for by most OF the people In the
Vicinity where the murder was com
aud the same request was
made by letter TO me by both the
daughters OF the murdered man, one
II his sons in-law and three OF the
rial Jurors.
Olbera.an committed a great crime
but the p%royocation surrounding him
him less guilty Ia my iudg-
nenis than the man who de.
iberately murders for either gain or
'eyenRe; aud his crime being less, his
punishment should be less, do not
'hink | have erred In saving this
mans life, but " have II has heen on
he side OF mercy, aud 10 do so is
sometimes a positive yirtue.n
Olberman's sentence was 20 he car.
led out AZ o O'Clock Friday morning,
~ preparations foe u having heen
Completed, before Governor Geer de
'lded TO graz, the Communication Of the
%entence,