Daily capital journal. (Salem, Oregon) 1903-1919, 1912-08-10

| returned FeIulct OF Builly'
Nick's lawyer moved for a new trial,
which was oyerruled An appeal was
taken, but the supreme court sus-
tanned the sentence. Burley's uncle
circulated n petition for commutation
Of the sentence, but the governor re-
fused TO consider IT,
Then Nick Burley sent for his
mother What passed between them
was never known; but all that night,
on his knees in his cell, Nick Burley
cried up past the marching stars to
God, and all that night a light burned
In the mothers room at the Burley
home and late passers heard the
sound of bitter sobs. The jailer, when
he brought the prisoners breakfast,
remarked that, no matter what man
had done, God ought TO hear such
praying and let him die in peace.
Il am not going to de- declared
Nick.
what do you mean?7 asked the
jailer
God Almighty won't let me die. He
knows am innocent"
by night the county know that, over
the heads OF all human courts and
governors, Nick Burley had appealed
his cause to God. It stirred men.
Those who had tried TO lynch him
came pounding at Nick Burley's pris-
en- door, demanding his release. A
second petition bearing the name of
nearly every voter in the county went
up TO the governor, asking pardon.
The pardon board rejected the peti-
ton. Burley heard the news and
smiled. Il am innocent" he said.
God Almighty won't let them hang
me-"
The day OF execution arrived. In a
meadow near the town the gallows
waited. Before daylight wagons from
the country came rattling in. BY 8
clock a dense mass OF humanity was
packed about the scaffold. At IL the
Is clerks and FOUNDERS who COM
posed the local militia came marching
through the empty streets, followed by
a wagon in which, on rough pine
coffin sat the condemned man. When
the crowd sighted this dismal process
sion, a shout went up; God bless you,
Nlckw
Say the word and wen turn you
loose
Die game, old boy"
Nick waved his hand. God Al
mighty amt going to let me die"
The crowd went mad,
He mounted the scaffold while the
soldiers formed a square about the
base The sheriff bound his wrists
and ankles.
81 amt going to take any chances
with you" he said. "lf you want to
say anything to the crowd, say 1t. But
for heavens sake don't start anything
III shoot you II you do, and dozen
good men'll be dead before II is end
ed.
Il don't need TO start anything" "
smiled Nick He raised his voice and
addressed the crowd. 81 haven't got
much to say, never did II. l am
trusting in my mothers God, and |
am going to come through somehow.
He amt going to let me die
A murmur arose, but died as the
Method minister came forward and
began TO pray The sheriff adjusted
the black cap, Men groaned. A child
began to cry A woman tainted. The
trap snapped Burley's body shot
downward and the rope frightened with
a sickening jerk Those near the scat
fold hear a report like a pistol shot.
They saw the sheriff swing through
the trap and tear away the rome from
Burleys throat. Then came Burley's
voice hobbing triumphantly; 81 told
you God wouldn't let me die
Some one shouted that the rope had
broken.
The crowd surged forward.
A wave Of closely packed humans
ity swept the thin fringe Of militia
aside and pinned the sheriff against
She timbers of the~gallows. A rough
timber jack thrust hugh fist beneath
The sherlff's nose and yelled that they
unu,nuulun-suuuusuup~nl
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