Evening star. [volume] (Washington, D.C.) 1854-1972, 1963-10-25
TAWES' STATEMENT

ANNAPOLIS, Oct. rs (APJ-The teri of Co.. Tatoes
statement committing the death sentences OF James and
John Giles and Joseph E. Johnson, 5r.:
not necessary review here all the facts leading
to the conviction of James " Giles, John G. Giles, and
Joseph Johnson jr. for the crime Of rape The Giles
brothers were found guilty by Montgomery County jury
and subsequent thereto Joseph E. Johnson E whose case
arising out Of the incident removed to Anne
Arundel Count for trial. found guilty on substantially
the same evidence by jury in that county.
Jury Action Recalled
In each instance the jury did not giving its verdict
add the words without capital punishment" thereby
authorizing the court impose either the death sentence
or life imprisonment sentence of not than 81
years The death penalty imposed upon all three by
judges Of the respective counties where the tried
The accused were represented by able counsel they
were tried in accordance with due process Of the law and
their convictions have been upheld by the Maryland Court
of Appeals.
For these reasons do not review here the question
of guilt innocence for in my considered opinion the
guilt Of these three persons has been established through
judicial processes Therefore my duty is to review
the nature of the punishment to be imposed.
Cites Constitution
Under power derived from the State Constitution and
supplemented by the legislature the Governor Of this
State has the authority commute sentences This
fers upon the Governor the power to exercise judg
ment different from that of the court which imposed the
sentence
This fact alone places heavy burden upon the
Governor yet the trainers of our constitution in their
wisdom fit to bestow this power and the concoitant
responsibility must be accepted by the chief executive.
1t my conviction that the power to commute should
be exercised with great discretion and caution and only
in those cases where compelling reasons exist While
many engender intense public attention and sen-
ment, I cannot abdicate my responsibility as chief
executive by redering decisions based solely upon public
pressure Each whether it be widely pubicized or
not, must and will be decided upon its own merits
1t is with this that have approached the
heavy and lonely burden of determining the disposition
to be made in the present cases.
Tells Of Investigation
In reaching decision have through my own invest-
CATION tried to learn much possible of the life and
background of the involved My efforts have
been supplemented by those of conscientious defense
sci and others who have pleaded behalf the three
All these efforts have produced information perhaps
not heretofore known which has been most helpful Fur
ther in reaching decision have taken into consideration
the rights Of the public the victim and of the three
offenders is difficult if not impossible to equate these
several rights but far human Judgment permits
justice must be done to all three without denying justice
to anyone.
In determining the mode of punishment the offenders
and not just the oense alone must be considered This
the Legislature must have had mind when provided for
alternative degrees of punishment for the crime of rape
Records Reviewed
James v. Giles the youngest of the three had no
previous criminal record John G. Giles and Joseph
r both in their 20 when the present offenSe occurred
have had prior brushes with the law but the dispositions
made would indicate that the ofenseS serious
nature.
More Importantly they do not indicate prior pro-
pensity for physical violence OF course cannot and
not minimize the gravity of the present oense of which
they stand convicted and its effect upon the victim and
the public But the other hand the past history of these
persons cannot be ignored in attempting to arrive at
composite picture of their entire being.
There is serious question in my mind that justice
in this demands the execution of these individuals
and compelled to resolve this doubt by committing
the death penalty in each They have, however, by
the preparation of such serious crime early in life
demonstrated that they do constitute and threat
from which the public must be protected.
Taking all these factors into account it is my con-
sdered judgment that in this instance justice to all will
be fulfilled by the Communication of the death sentence in
each case, to life Imprisonment.