The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1913-09-10

more than grant reprieve extending
beyond the time for which he had
been elected
In the delegations from Guthrie
were Dr. John w. Duke, member OF
the state board of medical examiners,
Dr. j. c. Rucks, Horace Speed EN-
United States district attorney; Judge
A. G. c. Bierer, former associate
Judge of the territorial supreme court;
c. G.. Horner and Rev. John Aber-
nathy of the Methodist Episcopal
church, South.
1t was explained that the crime
of Sunday had whipped the people
into a state of frenzy almost border
ing on the acts of a mob, that they
were Interested in the event the
courts found the double killing mer
tied the death penalty in seeing the
courts decree carried out. In view
of the governors policy manifested
in dealing with capital cases, he was
asked by the delegation what would
be his disposition of this case.
To the question propounded by DR..
Duke, the governor replied with some
show of feeling that it was almost
impertinent. 1t was no more proper,
he said, to ask him what he would
do in this case than it would be to
ask the criminal court of appeals what
it intended doing when a case reach
ed it on appeal Judge Bierer made
an argument, touching the legal
phase of the governors function in
such instances, and said that the law
made of him an executive officer and
not judicial one, and that it was the
governors business to see that the
court DEGREES were carried into eX-
eGution. Nowhere, the attorney sad,
was it contemplated that an cXecu-
tive would set aside an order of court
Governor Cruces answer was that
he had discretion in such matters
and upon that basis he would always
act.
At several times the conference
grew heated, ending, according to
members of the delegation, in the
governor agreeing that he would not
reduce the penalty to life imprison-
ment. He added that If anything were
done it would be to stay the eXecu-
tion of the courts mandate until a
date when he would be out of office,
which means that the succeeding gov
ernor could carry out the execution
if he so desired.
I'VE told the governor that the sit
uation would result in one OF two
conditions" said DR.. Duke, "either
Logan county and Guthrie were to be
forced to become lawbreakers or they
were to be given an opportunity to
become law-abiding. We are glad to
| know that If the court finds the death
penalty is merited, that Gov. Cruce
will not make that mean life i'm
prisonment."
Delegations from other places have
called on Gov. Cruce in quest OF sim
liar information regarding a capital
case affecting them. They have al
ways gone away with no more in
| formation than that the issue would
| be determined when the case reached
his office. The last was that OF a
| IiWagoner negro whom the governor
declared people were preparing to
railroad to the gallows without the
right of appeal being granted. Gov
Cruces policy toward capital cases,
however, has not been a matter OF
secrecy. In every case since he has
been governor the death penalty has
been reduced to life in the penlten-
tiary save one-a negro convicted for
murder in Tulsa county-and he was
executed. That was early in the gov
ernor's term. One of his leading
recommendation to the fourth legis-
lature was to abolish capital punish
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