The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-01-24
BROOKS SHOULD DIE
SOLICITOR GENERAL OSBORNE so
WROTE THE GOVERNOR.
FELT CONSTRAINED TO SPEAK
BY DOING THIS HE BROKE HIS BE-
FORE UNBROkEN RULE.

Sfnte'S Attorney Has Never Deem
ed IL Necessary TO O6cr Amy
objection TO Appeals Made After
Jury Had Passed on a Case-The
Brooks Case IA Different Matter
and the Attention. of GOV. Gambler
Was Called 10 the Fact That He
Approved Finding OF Pardon
Roard when u Refused to RECON-
mend Communication of Sentence
strong Letter written by Solicitor
GcncraI-ENs,b. - Named as Day for
Brooks to Hang Unless Governor
Again InterfercS.
The first formal action in the COM
mutation of the death sentence i'm
posed upon Henry Brooks. convicted
of the murder of Patrolman Harry B.
Fender. has been taken. In letter.
which might be styled a respectful
but firm protest, solicitor General w.
w. Osborne has brought the matter TO
the attention of GOV. Gambler.
The letter from the solicitor general
was received by the Governor in his
mail yesterday morning. according to
an Atlanta dispatch to the Morning
News. The Governor stated that he
will take the letter under considera-
ton along with the other papers in
the case when it comes before him.
Unless the Governor decides otherwise,
Brooks will be executed on Feb. Il,
and the county officials have that day
marked up as the one on which Brooks
must meet his Maker. The respite
granted names that as the day for the
hanging of Brooks unless some other
order is issued.
The Brooks case is the first one in
which the present solicitor general has
ever offered any suggestions after a
jury had passed on the guilt or limo
cence of a defendant and his letter to
Gov. Gambler for this reason cannot
be considered a favorable sign Ter
Brooks. Mr.. Osborne has always seen
lit to remain silent when efforts have
been made to secure pardons or the
communication of sentences and he has
broken his rule in the Brooks matter
for the first time.
The letter received by Coz. andler
follows and will be an important fac
tor when the case is passed on by the
executive.
Ordinarily, after conviction is htd
here in the courts, I consider my duty
in the case discharged. and / do not
seek to interfere in any way with APP
pfications for clemency. ! am cor
strained however, TO write you inNcon-
l,a Hoo inn faf RFnnlyc
because of certain language used in the
letter to the sheriff ordering the re-
spite.
II note the following language:
Whereas there is grave doubt as to
the guilt of the said Henry Brooks on
account of the character of the evil
dence upon which he was convicted. ii
is deemed proper that respite should
be granted in order that the executive
may have sufficient time in which 10
carefully consider the case.
II presume that this language is In
adequately used by the cleck in writ
ing the order. and that there was no
intention whatever of rejecting upon
the court or its officers.
Your excellency will doubtless recall
that this case was tried on its merits
and a verdict of a jury rendered. a
motion for a new trial was made, and
the Judge carefully went over the
grounds. Amongst these grounds. IN
addition to errors of law, it was an
sisted that the verdict was contrary
to the evidence. and against the weigh'
of evidence. The late Judge Falligani
carefully considered this ground, and
promptly overruled the motion for new
trial.
THE case was taken to the Supreme
Court. and there it was again adjudi-
Gated, and the motion for new trial de-
MED. Subsequent to the decision of the
Supreme Court, application was made
to the Pardon Board, and these gen
tlemen patiently heard the attorney
for Brooks, and after due
consideration, declined to recon-
mend to Your EXcellency any
interference whatever with the sen.
tence. This finding you have APP
proved.
Now, unless some additional testi.
mony has been procured of which
know nothing. ! submit that this mar
has had ample opportunity for the cor
rection of any errors which may have
been made. He undoubtedly has haC
the merits of his case passed on sew
eral times. and each time adversely
TO his contention.
"As prosecuting officer I submit tc
Your Excellency, that the evidence
did not raise any doubt whatever. but
on the contrary, firmly and conclu-
sively established the guilt of Brooks.
This guilt was proven: first, by "A very
strong chain of circumstantial evil
dence, which. of itself. would demand
convictions; secondly, the witness Pat
terson. whom the defendant sought tc
impeach, was corroborated in every
detail by other and credible evidence
81 do not now discuss the evidence.
If Your EXcellency requests 1t, | will
very cheerfully furnish you with q
copy of the argument used on the case
If any additional testimony is fur
nished you, J ask in the interest of the
proper enforcement of the law i'm this
community. that / be notified of such
additional testimony"