The daily journal. (Salem, Or.) 1899-1903, 1900-12-13

liahslaughter, is interesting the leya.
!. profession and public men all over IN,
state. Minis, who has served aboul
hiteen months Of his time, was a mem
Der OF the legal profession and q deput,
collector OF revenues under President
Cleveland.
lhere is as a matter Of fact no repula,
pardon case before Gov. Geer in bebalI
OF Minis. Such a case is usually made
up by presenting petitions of citizens
jurors, trial judge or district attorney.
Then there are filed counter. petition,
and protests, but in this case all sucl
Influences are absent so far, but will NJ
doubt be presented later, as the Gov
ernor declines to take up the case in the
absence Of these formalities.
The case was opened in behalf Of
Minis by the appearance Of Senator Jos.
eph Simon introducing Senator Pritchard
of North Carolina, who made an argu.
ment in Minis behalf before the
Governor. He was supported in a lepaI
argument by Judge Jas. A. Fee of Pen.
dleton, both contending that no man
ever had stronger claims or grounds for
pardon than Edwin l.. Mime.
Gov. Mcmillan Of Tennessee. United
States Senators Bate and Tdrly OF Ten.
nessee, Attorney General Pickle and
congressman Brownlow Of the same
state, and Josiah Patterson Of Memphis,
w., q. Minis Of Newport, Tenn, both
prominent criminal lawyers OF Tennes.
see, have written letters that are on file
with Gov. Geer. These prominent PEG.
pie are all emphatically Of the opinion
that Minis should be pardoned. The
reason why there is no petition on ale
for his pardon from Umatilla county is
that public sentiment at Pendleton is
said to be against any act of clemency.
People who are against Minis argue that
he was a lawyer, knew the law, and yet
carried a pistol concealed on his person
and killed the barkeeper Miller when
his W life was not in danger. On the
other hand his friends claim that the
testimony of the defence showed that
the barkeeper attacked Minis with an
ice pick, knocked him down, raised
Jumps on his head where he struck him,
and that Minis shot him when he was
down and in danger Of his life when he
was under the influence Of liquor. 1t is
one Of those close cases where a saloon
row ended in one man being killed and
and some one had TO be committed and
sentenced and Minis got it.
Like a preachers son, a lawyer gets no
sympathy when he gets into the meshes
Of the law. In this case the written
opinion Of the trial Judge in refusing a
new trial is that the elements OF premedi-
tation and deliberation to commit crime
were entirely lacking, and the elements
Of purpose and malice were not apparent
to make the homicide murder in the se-
cond degree, but on the other hand the
court said the assault made by Miller
did not excuse or justify killing him in
self.defence. In their verdict the jury
said ave recommend the defendant
to the extreme mercy OF the court"
Jurymen called on Judge Lowell and
asked him personally to give Minis the
lowest sentence, Of one year. This re-
quest Lowell had never before disre'
garded.
In giving his sentence Judge Lowell
said; "a Judge is not bound to consider
any recommendation Of a jury, and If he
does he must construe the language Of
the recommendation as it appears deem
ing it an expression in ordinary phrase
Of the sentiment OF the entire twelve men
with whose endorsement IL is pres.
"With finding Of verdict the response.
bility OF the jury ceases, the law having
imposed upon the judge the duty OF
passing sentence, and upon the Cover
nor the power Of pardon, IL there is a
rant for the exercise Of that high pre-.
rogatiye."
Instead Of following his usual custom
OF complying with a request for mercy,
the court sentenced Minis TO five.