New Iberia enterprise and independent observer. (New Iberia, La.) 1902-1944, 1903-08-01
THE BATSON CASE.

THE BATSoN CASE.
The Batson case is again broug Int
before the public and is arousing much
comment from the press. Batson has
had two of the most fearless lawyers
i'm the State who have fought for his
life desperately, his case has just been
passed on by the Board of Pardons
and majority of that Board recon
mend a Communication of sentence from
death to life Imprisonment, the Board
composed of the Attorney General
Guion. Lieutenant Governor Estopinal
and Judge Miller. who tried the case,
although Judge Miller refused to sit
as a member the majority recommend
the Communication even the main wit
ness of the case Downs. asked that
il be committed Lake Charles
seems to be very much wrought up
over the matter and it is said that
threats are now being made by the
surviving members of the Earl family,
that il the Governor. signs the com
mutation. that q mob of 400 men
stand ready to defy the law, these
threats are made open in the eye OF
the law, it is time for Sheriff Per-
kins to act, and remove his prisoner to
place of safety and allow the au-
thorities of the State to carry out the
law and thereby avert a mob. Why
should pose of men demand the
blood of man whom they want, not
because they know him to be the
man, but because they think some one
should suffer and Batson is the nearest
Mt hand by whom vengeance can be
satisfied, but il Batson be guilty he
should suffer death, but when half of
the witnesses Of the case testifies he
was not the man with the Earl prop
erty. and the main witness against
him prays for a Communication of SEN
tence. We hope that if Governor
Heard signs the document. that
Sheriff Perkins will be wise man
in protecting his prisoner.
In recommending the communication
of the death sentence imposed upon
la. Il. Batson to one of life imprison-
mcnt, the States believes that the
Board of Pardons acted with wisdom
and Justice The crime which Batson
was charged was one of the most afro
cious ever occurring in the criminal
annals of Louisiana, and if his guilt
had been established beyond perad-
venture, hanging would have been toe
mild fate for him.
But the conviction was based en-
tirely upon circumstantial evidence.
and after the first conviction the States
expressed the opinion that the evid-
ence, while strong. did not appear to
exclude all possibility of the crime
having been committed by another.
In making this assertion the States
does not desire to be understood as be-
lieving Batson to he innocent. He
may I be guilty or innocent, but with
all due respect for Judge Miller, whom
the States believes to be one of the
ablest and most courageous judges in
the State, it cannot concur in the
opinion that the evidence, SO far as
has been made public, is such as to
warrant the the carrying out of the
death penalty
1t is no disparagement of Calcasieu
jury to any that they are merely hu-
man after all, and the commission of
so shocking crime as that charged
against Batson was enough to
warp the judgement and predjudice
the opinions of all concerned in the
case. All believed that Batson COM
mitted the crime; there was not a
particle of evidence tending to show
that any one else did it, hence rea.
sonable conclusion to the ordinary
mind was that Batson did it. Per-
haps he did. Indeed. it seems quite
probable that he did; but the death
sentence should only he administered
where absolute certainty exists. Cir
cumstantial evidence is mighty strong
evidence, we are willing to admit |;
but is it safe to hang on circum-
stantial evidence, save where the
proven facts are such as to positively
exclude the possibility of any one else
having committed the crime. In the
Batson case no sufficient motive for
the deed seemed to have been estab
lished; he might merely have stolen
the mules and some one else could have
come along afterwards and committed
the murders. The principal witness
against him the one who identified him
signed the petition for communication
and expressed the opinion that the
evidence did not justify the verdict
Under all the circumstances the
States is of the opinion that the
Board of Pardons acted properly and
that the interests of Justice and of
humanity demanded the Communication
recommended. IN. o. States.
CHAMBERLAIN'S COLO. CHOL-
ERA AND DIARRHOEA REMEDY