Evening capital. (Annapolis, Md.) 1884-1910, 1904-09-22
GOVERNORS OFFICIAL DAY.
THE FIRST HELD BY HIM IN
THREE WEEKS.
Leonhardt Is Doomed To Hang
PardonS Granted-Execu-
tive Appoint

morning for the first time for three
weeks, his trip to Manassas and ST.
Louis having intervened. The Gov.
ernor acted on several matters of
moment which had come 60 a head
during his absence, including the case
of Andrew Leonhardt, condemned 10
death for wife murder, in which he
declined TO interfere, and the charges
made against Police Justice Nelson
Poe by the late grand jury of Balti-
more city.
In the latter matter he found the
charges not sustained and declined
either TO remove the magistrate or to
change his designation as a police jus
tice. Notwithstanding the Interrupt
tion to public business occasioned bv
the Governor S vacation there was an
unusually small number of visitors
AS forecasted yesterday, the Governor
has decided not TO commute the death
sentence imposed upon Andrew
Leonhardt, and SO stated frankly this
morning TO Mrs. Hartman, the sister
of Leonhardt. In view, however. of
the fact that Leonhardt has been
placed in some uncertainty as to his
fate by the various efforts which have
been to bring about a Communication
and that a respite actually was
granted, the Governor decided to de-
lay the execution for two weeks and
the day now set is Friday, October H.
Thus three different warrants for
the execution of Leonhardt have been
made out. The report of the State
Lunacy commission that Leonhardt
was not insane was final in inducing
the Governor judgment in the case.
He toldMrs. Hartman, Leonhardt's
sister, today that if it had not been
for the crime none would have
thought of calling her brother insane
and that no efforts had been made to
incarcerate him by anyone or in any
way treat him as not of sound mind
The Governor said that he had de-
voted much thought to the subject,
even spending sleepless nights, but
that he could not possibly see his
way clear to go behind the verdict of
the court. 1.-THE Communication of SEN
tences of murderers,' - he said, "on
the ground of drunkenness or insanity
is simply to invite crimes of the ma.
ture, the perpetrator relying on the
fact that clemency had been exercised
in other cases. Indeed, wife-mur-
ders have been far too frequent in
Maryland Of late years.
The Governor also quoted the words
of Judge Phelps in sentencing Leon
hardt, as follows; 1T becomes the
unwelcome duty of the court to re-
mind you that you killed your wife
under such circumstances of premedi-
tation and malice that ali impartial
jury, practically of your own selec-
tion, after fair trial, in which you
were allowed every legal advantage,
including that of an able defense by
skiIlful and eloquent counsel, consid-
cred the evidence of your crime so
clear and conclusive that they had no
difficulty in finding by their sTerdict
that you were guilty of murder in
the first degree.
In the matter of Justice Nelson Poe
the Governor said that he could not
consider the charges made by the late
grand jury as sustained an that he
would, therefore. take no action
either to revoke the appointment of
Mr.. Poe or to change his designation as
Station House justice. He added that
any time should it be brought to his
attention that magistrates we're not
doing their duty he would investigate
fully and if he found that the charges
were we'll based he would dismiss the
offender The Governor ordered a
release in the case of Stephen Mathiey,
convicted before Justice William j.
Garland of an assault upon Mary Tay
lor and sentenced to three years in
the Baltimore city Jail. The release
recommended by the prosecuting wit
ness, her mother and Jutsice Garland
and this being also the rceommenda-
tion of Justices Poe, Friedel and
Ochs, of whom the Governor asked a
report in the matter, the release was
granted. 1t was stated that Justice
Garland conceived an aggravated idea
of the character of the assault.
Kate Scarborough, who is serving
one year in Baltimore city Jail for
striking Mary Scott, was ordered to
be released. This is the case in which
clemency is asked because she has
served half her sentence and also
because Samuel Chatter, of Philadel-
phia, has agreed to marry her and
take her to her home.
A pardon was granted to Samuel
Long, who is now serving a term of
two years in the Maryland Peniten-
tiary for obtaining goods under false
pretenses. The pardon was recon-
mended by a number of prominent
members of the Hebrew Benevolent
Society of Baltimore city, including
Messrs. Moses Pels, NJ. S. Levy and
Jacob Epstein. The pardon was
granted on condition that Long leave
the state and he will 60 to New York,
where employment awaits him to en-
able him to support his wife and large
family.
During the morning an interval oc-
Cured between the transaction Of
different matters and the Governor
and number of attorneys and others
entered into a discussion as TO whether
the Governor would need a transfer
from Howard county in order to vote
in Annapolis this fall. Almost every
person there agreed with the Cover
nor's impression of the matter that
inasmuch as he was a resident Of An
napolis ex-officio under the Constitu-
tion no transfer was necessary. Mr..
John r. Sullivan, an employe Of the
State House and local politician, took
the opposite ground, however. 1t
happened just then that Attorney Gen.
cal Bryan called the Governor over the
telephone on another matter, at the
conclusion of which the case was laid
before him and Nj. Sullivan scored a
triumph by having his view OF the
case endorsed by the Attorney Gen.
eral. The transfer was asked for at
once. The Governor dictated letter
to the Howard county registers.