San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-04-12
SECOND PHILIP NOLAN
MAY ARISE FROM CASE
TRIED IN COURT HERE
George Wilbur Hawkins Asks Harding to Commute
Prison Sentence and Promises Under One Condi-
ton Never to Set Foot United States Soil,
Insular Possessions on Ships-Submits
Poetry to Lght-Living in Mexico City.

Has San Antonio produced a sec
ond Philip Nolan. THE Man Without
a Country:" George Wilbur Hawkins.
| tried in federal court here, who later
skipped an appeal bond, has just
written from Mexico City to Presi-
dent Harding praying executive elem
ency on several conditions, one of
which is that if his penitentiary
sentence is committed he will "quit the
| territory of the United States and
| never again set foot in the United
States, its territories. insular posses
sions, nor upon its ships. nor trans
act business with any citizen of the
United States"
Hawkins was convicted Of using the
mails TO defraud here in February.
1921. His case was appealed and
| affirmed but he had fled to Mexico.
Now he seeks clemency from the
Chief Executive. submitting that he
harbored no intent TO break the law
| and that his trial was unfair. in that
a certain juror stated that he would
| vote to convict before testimony was
taken.
Hawkins was arrested in San Fran
NASNo. ,Silsg ip-V VII ~
complaint filed before the United
States Commissioner in San Antonio,
charging him with the use of the
mails TO defraud in connection With
the promotion of the international
Petroleum company. An indictment
against him was returned by the fed
eral grand jury in San Antonio, May
20, 1920.
Has Asked Before.
The trial of his case attracted ma
tional attention.
Hawkins has been devoting his time
to writing and will soon publish a
book of verse. His petition to the
President follows:
Mexico City. March %.
To His Excellency, Warren G.
Harding
The President
The White House
Washington, ID. c.
Sir: Now comes your petitioner,
George Wilbur Hawkins. praying con-
ditiOnal executive clemency.
First. your petitioner has. hereto
fore, filed an original and two amend
| ed petitions. together with other
papers, praying executive clemency.
Second, it has been intimated to
your petitioner that the President
| does not deem it exDedient TO grant
your petitioner an unconditional par
don.
Third, your petitioner has set forth
in his petition, to the best of his
knowledge and belief, the facts in this
| case and other matters of his entire
| life and business transactions. He
has Offered to appear before the at
torney general and answer in detail
questions concerning each act of his
life, personal and business; he has
| offered to write a detailed personal
history of his life and business trans
| actions: he has offered in company
with an unbiased agent of the, gov
eminent, or alone, to verify each and
| every statement set forth in this peti.
! ton; he has offered to return to the
| United States and engage in legal
employment. or business, and pay each
and every claim, just or unjust. legal
| or moral, any person. whomsoever
may have directly or indirectly,
against him. 1t is respectfully sub
mitted, your petitioner cannot do
| more.
Had No Intent.
Fourth, your petitioner az no time
| harbored intent of crime, nor at any
time sought to contravene or break
any law: he, by payment of about
| $1,000. from which he received nc
benefit, for all intents and purposes
| became his own bondsman; he did
not testify at his own trial, in his
own behalf, first because his attor-
neys advised against it and second
| because certain jurors on the second
that they would convict regardless OF
testimony.
Fifth, your petitioner recognizes
that it is not the isolated case OF
the individual that must be consid.
cred by the Chief Executive. but the
general good he realizes that the fed
eral courts are the chief bulwark OF
| the nation. and that as general
rule, it is highly inexpedient and en-
tails the greatest possible danger 10
the constitution and laws and the
whole social fabric. for the Chief
Executive to injudiciously, or often
use his pardoning power. The con.
stitution and laws of the United
States. the courts and their decisions
must be upheld. or the whole fabric
topples down. But after all. justice
under any system, can only be ap'
| proximate. There are isolated cases
of the miscarriage of justice, hence
the pardoning power of the CHIEF
Executive. Your petitioner respect
| fully and humbly submits his case is
one of those isolated exceptions.
| Say Trial Unfair.
Sixth. your petitioner desires the
President to know, were he able
under analysis and closest inspection
TO discover the minutest shade OF
intent to contravene, or break any
civil or moral law. or had certain
jurors not stated prior to taking GER
tain testimony, that they would con-
Wet regardless of testimony, thereby
defeating the provisions of the con-
stitution relating to the trial of ac-
cused persons-were it not for the
foregoing facts, your petitioner would
Immediately report to the warden al
Leavenworth, to serve the sentence OF
the court: for, neither the President
nor the attorney general. nor any