The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-16
THE sUNY AND ODELLIsM.
Comments on tho Faisehood Put Forth
In the GoyernOr.C hairman's interest

FROM me Hrookftn EdpBt
The Judge before whom Sherlock was con-
ylcted In Judge Rufus d. Cowing. Ropub-
lican. The Appellate Division OF the su-
prene Court In the First Judicial Department
unanimously sustained bis conviction, and
40 did the state Court Of Appeals, Justice
Il. NJ. Cullen on tho latter court then, now
It's Chief Judge. writing the opinion The
dates OF trial and OF the Affirmation OF the
cohvIotIon by the Appellate Division and By
the Court Of Appeals do not appear. We
presume, however. that they were before
April I. 1901, when Sherlock was sentenced
to three months on Blackwel's 1sland By
Judge Cowing. That no was fairly tried,
competently defended and Justly convicted
the unanimous decision Of tho Appellate d.
Vision and that OF the Court Of Appeals abso-
lutely demonstrate.
Sherlock began to serve his sentence on
April /. 1901. He was released By pardon
issued by Governor Odell on April 20. 1901.
He died on May IS, 1901. twenty-five days
after his release. Governor 0dell's friends
have moro than once. but always indirectly.
declared that his pardon was conditioned
In his paper. and that the retraction was pub
lished. They add that no was pardoned be-
cause he was MORALLY III Of consumption
and begged to have q chance TO die at home.
which he did on May Is, 1901. twenty-five
days after his pardon
Assertions to the foresoin effect have re-
peatsdly been made. None Of them has been
substantiated In terms except the fact OF the
mans pardon and death. The requirement.
In the conditional pardon has not been pub
lishedi The article In which the condition
was complied with has not been supplied
But the requirement and the article--as well
a. the man D mortal flness-haye been SO
often asserted that they have been In many
quarters taken for granted. Events have
Md nj .fa M
The furnishing of tho proofs devolves on
Governor oden or on his spokesman. for
they benefited By the acceptance OF the
statements without proofs. They should lose
no time In furnishing the proofs. they have
them.
This necessity is increased By explicit state
ments In TIE SUN to-day. That paper pub
fishes the entry" Of Sherlock on Blackwens
Island. his crime. his pardon, his rslease,
and the of1cial statement: Hospital record
while In prison. none.- II he was III, no was
not Ill enough to be put In the hospital for
treatment THE Sun also publishes the GER
tifcate OF death In Sherlock's case, In which
tho attending doctor gives pneumonia as the
| cause. Pneumonia Ii not consumption. the
spH says that In this case, 1T was suddenly
contracted and bore no relation to his con-
dition while In prison or to his capacity for
| further criminal activity It supports this
| by quotations from Sherlooks editorial In
| tho Unionist Of April %. 1901. i've days after
| his release.
That explicitly states that the man gained
flesh In prison, that he was wal. that he had
not suffered particle, that he would not do
| the martyr act" meaning he would not sus-
| tain any represents tons OF his flness made
| by those who psrdonsd him or got his pardon.
Apparently the attack OF pnsumonia was "a
| unrelated to the mans condition In prison az
his death By an accident on the streets would
| have been
The difference bstwsen this and ths state
ments BY the Governoris friends. for pub
location. IL absolute And tho man who died
| left on record the best evidence, IN his boast
| Ing and thanks, TO show that illness as fact
did not enter into his pardon. however 1t may
have been used As pretext. II his friends
alleged his illness. the man b editorial disposes
Of that The Governor and those who have
raised the protective allegation OF illness
as the cause Of ths pardon. owe to tho news
papers which have accepted that allegation
| ~ true an immediate explanation.
Only one Other matter needs clearing up.
| Tho Governor was. We assume. urged BY .
representative Of THB SuH not to pardon
| the man. on the ground that he did not de-
serve 70 BE- pardoned. That was certainly
= citizens or jounale right The Cover
nor's friends have oovertly given out that
TIE suH man threatened tho 0overnor with
the dire and immediate hostility OF TEE
Sun II he pardonsd the man. That the
| Sun utterly deniss-end disproves. For 1t
supported the Governor. over Q year after
ward. for reelection against B. 8. Coler. his
Democratic opponentl The interview be-
| tween the Governor and The SUN man was
| private; but THE Suns support OF the Gov
ernor long time after shows that no such
threat az the Governor b friends say TEE SUI
then made was carried out, and tends to show
that no such threat was then made at all.
Tho matter has solo importance from the
attempt to account for THE Suns present
opposition TO tho Governor by his pardon
| Of o prisoner whose pardon The Sun OPP
posed, and to account for the pardon on
| grounds Of humanity. The grounds Of hu-
| manity are not shown. Tho man thrived
In prison and acquired. suddenly. a mortal
disease, when released. He himself de-
nounced the idea that illness induced elem
enoy. or he at least ridiculed the idea Of i'll
ness. II 1t was psimed on the Governor to get
| the pardon.
The conviction OF a criminal who IA trade
| unionist 10 90 difficult that when 1t Is secured
| 1t represents o victory OF Justice over diff1-
| culties. Such victories vindioate law and
| Justice: and interference with them or mega
| ton of them BY the pardoninR power should.
| as a rule, not occur. and when 1t does occur
the causes for II should be too strong for
question and too plain for attack. We are
| of the opinion that either the Governor and
his near friends were deceived or that an at
tempt has been made for them or by them to
deceive the people Of this State. whatever
| THa SUNS reasons for opposing the Repub-
| loan State ticket In part arc. they are daily
| as plainly set forth as the Edoles for opposing
| the Republican State ticket a. whole daily
arc. The imputation to newspapers OF pri-
vate reasons for public actions 10 personal
activity Of q small SORT II should hurt.
not help, those politicians who resort to II.
Sherlock was trade unionist. convicted
| not of trade upionism. but Of crime. Crimi-
| mai as he was, he was psrdoned apparently
because be was trade unionist. after all the
| courts had unanimously said he was rightly
convicted. There y q trade unionist. Vein
ssimer, now on trial In Manhattan. not be-
l cause he u trade unionist. but on . charge
Of criminal sxtortion. Witnesses against
/ his extortson, 'viotims Of his sxtortion, have
| been murdsrously assaulted By his friends,
70 prevent than from tsstifyins or 70 intimi-
date them IN testtfyins.
That u morally on all fours with an At
tempt 70 destroy or to disorsdit . psperb
political opposition. By asmibing II to malice
or TO frustrated threats. The purpose y the
same. The methods differ only according
70 circumstances or 10 sxisenoase.
The Qovsrnor, his oassmakrs. would bstser
- TuRu Mao