Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1903-07-31
PEACOCK WILL NOT HANG
Governor Chamberlain commutes
Sentence Of A. s. Kerr's Slayer
to Life imprisonment.

ing the death cell at the Penitentlary
under sentence of death for the muir
der of Alexander Kerr, at Parker sta
tion, on May 1S, from that Of death to
one Of life Imprisonment. Oscar Hay
ter appeared for the condemned Grip
pie, while District Attorney J. N. Hart
appeared for the state. Atthe request
of the Governor, Drs. J. F. Calbreath,
superintendent Of the Asylum; w. L.
Williamson and L. f. Griffith, first
and second assistant physicians;
Harry Lane, of Portland j. ID. Shaw,
the present prison physician, and W.
A. Cusick, former prison physician,
all made examinations Of the prison
er, and every one of them pronounced
him a paranoiac and hopelessly in
sane. There was also the petition for
the Communication of sentence, numer-
ously signed by residents of Indepen-
dence, Monmouth and Dallas, and a
remonstrance signed by a number OF
people Of Parker Station, where the
prisoner and his victim lived, and
where the crime was committed. The
Governor heard both sides of the case,
and, after due deliberation, COM
muted the sentence of death to that
Of life Imprisonment in the following
language, yesterday;
application is made to me for
the Communication of the death SEN
tence of William P. Peacock, who
is to be executed at the state prison
on August 7, for the killing Of one
Alexander S. Kerr, i'll Polk county.
The ground upon which the petit
tion is urged is mental irresponsi-
bility Of defendant at the time of
the commission Of his crime.
"The petition is numerously
signed by many of the most prom
inent people Of Polk county, includ-
ing county officials, lawyers, doc
tors, merchants, editors, business
men generally and farmers. In
addition to this | have received
many letters from various persons
urging Communication of sentence.
On the other hand, vigorous pro-
test has been filed against exercis-
ing executive clemency by very
large number of wealthy and in
fluential citizens of said county of
every avocation of life, most OF
them residing in the neighborhood
where the killing occurred. I'M
mediately upon the presentation
of this petition, having been some
what familiar with the case from
the time of the commission of the
crime until final judgment was rem
dered against the defendant, / ad-
dressed letters to the following
physicians and alienists, namely:
Drs. J. f. Calbreath, w. T. Will
hanson, L. F. Griffith, Harry
Lane and w. A. Cusick, asking
them to thoroughly examine into
the mental and physical condition
of the defendant and to give me
their opinion as to his responsible
ty, and in addition to suggest what
should be done with the defendant.
in case they should advise and |
should see fit to exercise executive
clemency. Each of these physic-
ians and DR.. j. D. Shaw, the prison
physician, as well, have complied
with my request and each and all
OF them concur in the opinion that
defendant is and was at the time of
the commission Of the crime ire
sponsible, and urge executive Glenn
ency in his behalf. All OF them,
with the exception of DR.. w. I.
Williamson, advise his retention
in the penitentiary because of the
fact that no provision has as yet
been made for confinement Of the
criminal insane. In addition to
the gentlemen named, the follow
ing physicians signed the petition
addressed to me for Communication
of sentence imposed upon defend
ant; Drs. E. J. Howard, B. HI.
McCallon, L. N. Woods, William
S. Cary, O. D. Butler and e. L,
Ketchum.
Arguments for and against the
petition have been addressed to me
by Oscar Hayter, representing
the defendant, and j. N. Hart, rep
resenting the state. have given
this case the most careful consider
alton and have on two occasions
visited the condemned man and |
spent a considerable time in con-
ference with him at the prison. /
have not much patience with a plea |
of insanity as defense to crime,
and ordinarily would not be dis
posed to interfere with the verdict
of a jury or the sentence of a court
where the defense had been presen-
ted and disposed of adversely to
defendant but in the present case l
feel that l would be a party to a
judicial murder if | refused to in
terfere with the imposition of the
death penalty. Defendant is
physical and mental degenerate,
as is evidenced not only by the
opinion Of the physicians but by |
the appearance of the man himself. |
A more horrible, mis-shapen and |
specimen of humanity |