Evening star., 1922-11-05
How the Governor Handled
aCase Which Had Foiled
Clever Investigators

his official duties.
But it isn't all so funny he said
gravely after keeping them in roar
for half an hour. "In state as big
as this good many disagreeable
things happen, and people come to
me every day with heartbreaking
stories. There's nothing that causes
me more anxiety than the appeals for
pardon. II the pardoning power were
taken away from me I'd be a much
happier man. The board of pardons
winnows out the case. but even at
that there's enough to keep me un-
comfortable. 1t isn't the pleasantest
feeling In tine world that as you go
to bed at night somebody may be suf-
fering punishment unjustly and that
It's up to you to find 1t out. When a
woman comes in. backed by 4 child or
two. and cries all over your Office
about her husband who's doing time
and tells you he wasn't guilty. 1t
doesn't cheer you much; not by a
jugful. Wives, mothers and sisters
the wives shed more tears. the sisters
put up the. best argument, but the
mothers give you more sleepless
nights"
IF 1T yere up to me-" commented
Burgess, I'm afraid I'd turn 'em all
OUT"
You would" chorused the table de-
risively. and when you'd emptied the
penitentiaries you'd burn 'em down."
''Of course, there's bound to be
cases Of fragrant injustice" suggest
ed Kemp. And the feelings of I
man who is locked up for crime he
never committed must be horrible.
We hear now and then OF such cases
and It always shakes my faith In the
law"
1.-THE law does the best it can," re-
piled the governor q little defensively.
but. as you say, mistakes do occur.
The old saying that murder will out
Is no good; we can all remember
cases where the truth was never
known. Mistakes occur constantly,
and It's the fear of not rectifying
them that's making nervous wreck
of me. l have in my pocket now a
blank pardon that l meant to sign
before / left my Office. but l couldn't
quite bring myself to the point. The
pardon board has made the recon-
mendation, not on the grounds Of in
justice-more, I'm afraid, out of SYM
pathy than anything else-and We
have to be careful of our sympathies
in these matters. And here again
there's a wife to reckon with. She's
been at my Office nearly every day
for year, and she's gone to my wife
repeatedly to enlist her support. And
It's largely through Mrs. Eastman's
assistance that I've spent many
weeks studying the case. It's mur-
der-what appeared to be a heartless.
cold-blooded assassination. And some
Of you may recall 1.-THE Avery case,
seven years ago. in Salem county"
Half the men had never heard of
of it and the others recalled it only
vaguely.
1T was an interesting case" Bur
CESS remarked, wishing to draw the
governor out. George Avery was a
man of some Importance down there
and stood high In the community.
He owned a quarry almost eleven
miles from Torrenceville and main
tanned a bungalow on the quarry
land. where he used to entertain his
friends with quail hunting and per
haps now and then a poker party.
He killed man named Reynolds who
was his guest. AS / remember, there
seemed to be no great mystery about
It and Avery's defense was a mere
disavowal and a brilliant flourish of
character Witnesses
For all anybody ever knew, it was
q plain case, as Burgess says" the
governor began. Avery and Rey-
nolds were business acquaintances
and Avery had invited Reynolds down
there to discuss the merging of their
quarry interests. Reynolds was
found dead a little way from the
bungalow by some Of the quarry la
borers. He had been beaten on the
head with q club in the most bar
barous fashion. Reynolds overcoat
was torn off and the buttons ripped
from his waistcoat, pointing to
fierce struggle before his assailant
got him down and pounded the life
out Of him. The purpose was clearly
not robbery, as Reynolds had a con-
siderable sum Of money on his person
that was left untouched. When the
men who found the body went to
rouse Avery he collapsed when told
that Reynolds was dead. In fact, he
lay in a stupor for a week and they
could get nothing out of him.
Tracks? No; 1t was q cold December
night and the ground was frozen.
Reynolds had meant to take a
midnight train for Chicago, and
Avery had wired for special orders to
stop at the quarry station to save
Reynolds the trouble of driving into
Torrenceville. One might have sup
posed that Avery would accompany
his visitor to the station, particularly
as 1t was not a regular stop for night
trains and the way across the fields
was little rough. I've personally
been over all the ground. There are
many difficult and dnexplicable things
about the case. the absence Of motive
being one Of them. The state assert
ed business Jealousy and substan-
tlated 1t to a certain extent. and the
fact that Avery had taken the
initiative in tho matter Of combining
their quarry interests and might have
used undue pressure on Reynolds to
force him to the deal is to be consid-
ered."
X X X
THE governor lapsed into silence.
L seemingly lost in reverie. With
his right hand he was scribbling idly
on the tablet that lay by his plate.
The others. having settled themselves
comfortably in their chairs, hoping to
hear moro Of the murder, were dis