Arizona republican., 1900-07-27
No Communication of Sentence
 for the HaIdermanS
Acting Governor Akers Decides That The Law Must Take Its Course The Friends Of the Condemned Still Have Hope.

1OUlDSlOne on AuSuSI lV IOI lIle nluIu of Ted Moore is gone. Their hopes were few enough in the beginning, so that the one which departed yesterday could be badly spared. Only one re mains. That lies in the consideration of their case by Governor Murphy, who is expected to return about August 5.
 Acting Governor Akers late yester- day afternoon, after having spent three days and two sleepless nights over the record, new affidavits and certificates decided that the law must take it's course. He refused to either commute the sentences of the Haldermans or grant them a respite.
 So much interest had been aroused in this community that there was a general wish that the acting governor i might see his way open to a commu- tation of the sentence. At o'clock MT. S. H. Hopkins of Gonzalez, Tex, the attorney for the condemned men, went to the office of the acting governor to learn his determination. MT. Akers eX- pressed his deep regret at being unable to accede to the plea for clemency and presented to MT Hopkins the following statement, setting forth the reasons for his denial.
 T feel that one of the hardest and most trying duties that I have ever i had to face has been brought upon me i in the last few days; the duty of hav- | ing to examine and decide whether l 1 should, as acting governor of Arizona, ! pardon or commute the sentence of i death which has been pronounced by FINt.-. 1 Halderman for the murder of Ted | Moore.
 i T have felt resting upon me more 1 grave responsibility than ever before in my whole life. I have felt the deep 1 importance of the matter, not only to l the two men who are now under sen l tence of death. but to the people of this 1 territory, on the one hand that no in- nocent man should suffer, and on the ! other that justice should be measured ! impartially and the laws of our govern ment upheld.
 "The first question that I have felt called upon to consider is as to the ! power of pardoning, which I. as acting 1 governor, possess. How far is that ] power intended to extend, and how | should l use it?
 Our laws provide for and establish courts of justice. and confer upon these courts Jurisdiction over all criminal cases. The rules of law and evidence insure as fair a trial to all persons ac- ! cused of crime as man can give; all the safeguards that can be are thrown around them, a trial by jury of twelve impartial men is assured them. a judge !,
 tions of law arising on the trial and to grant or refuse a new trial, and a | supreme court to review all acts of the lower court and all the evidence offered in the case.
 Tn the case of the HaIdermans it seems that the prisoners had the full
 benefit of every provision of flaw. They Were defended by able counsel in the lower court. and their case was argued before and passed upon by the supreme court of this territory
 This being the case, and all the evi- dence contained in the record having | been passed upon by the jury. the | lower court and the supreme court, and held by all of them sufficient to sustain a conviction, I do not feel that 1 should review the evidence in the case. l feel
 that that has been passed upon fully as provided for by law, and that as far as it is concerned the case is settled. II believe. therefore. that if there is anything which would justify me in exercising my pardoning power, it must
 be something which has arisen since 1 the presentation of the case to the courts. It must, therefore, be evidence | discovered since ehe trial. or circum- | stances arising since that time. whict would lead me to exercise my power
 Aside from the evidence in the case
 which it is urged is not sufficient tC | justify the conviction of these men
 matters have been presented to me | by aftidavits and certificates of various parties as reasons why the sentence oi the courts should not be carried out"
 Then follows a review at length of the
 various certificates from prominent residents of Texas concerning tn, standing of the Halderman family anC of the affidavits bearing upon the tria of the case in the lower court. Al
 these were described at length in The ! Republicans report of the hearing last l Tuesday.
 These certificates, the acting gover- nor finds can have no influential bear ing upon the plea for clemency. Con-
 cernins the affidavits from Cochist county as to the infiamed state of the
 public mind there precluding the pOssi-
 bility of fair trial and the alleged dis i qualification of certain jurors. MT
 Akers said these matters We're fought out in the lower court and reviewed ir
 the supreme court, hence he could not properly deal with them. Of the more
 vital affidavits of Buck Chandler and
 the two Wilson girls introducing new and important evidence for the defense and destroying testimony for the terri ! tory. Mir. Akers said:
 q have given the matter contained
 in the affidavit of Buck Chandler the
 most careful thought, because l regarC
 it as the strongest reason presented tC
 me for action in the matter. find iron ! of hn in -f