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Cyrenus Clark Hooker (1818 - 1852)

Cyrenus Clark Hooker
Born in Chatauqua County, New Yorkmap
Ancestors ancestors
Died at age 33 in Polk County, Oregonmap
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Profile last modified | Created 18 Dec 2018
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Biography

According to the book "A Man is a Man" by M. Overholser, on the Hooker family, he was murdered over a stolen watch by a man named Return W. Everman who stole the watch from the home of Cyrenus's brother where Cyrenus was living and farming at the time. He was shot from ambush as he plowed his fields. He was not found until the next day. A posse hunted down and arrested Everman.

The Hooker-Everman murder trial of 1852 was the first trial for murder in Polk County. The sentencing of Return Everman also resulted in the first legal hanging in the county. He was hung from the "hanging tree" in Rickreall, Polk County, Oregon on May 11, 1852.

The really unique event of this trial was the sentencing of Everman's brother Hiram, an accessory to the murder. He was to be sold to the highest bidder. This was done because there were no prison facilities in the territory.[1]

Sources

  1. Overholser, M. A Man is a Man: A Hooker Family Saga. Binford & Mort Pub (September 1, 1993)
  • Find A Grave, database and images (https://www.findagrave.com : accessed 17 December 2018), memorial page for Cyrenus Clark Hooker (1 Dec 1818–12 Feb 1852), Find A Grave Memorial no. 24685793, citing Burch Pioneer Cemetery, Rickreall, Polk County, Oregon, USA ; Maintained by laura hughes (contributor 46960853) .
  • Ancestry.com. Oregon, Wills and Probate Records, 1849-1963 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2015.Author: Oregon. Probate Court (Polk County); Probate Place: Polk, Oregon Ancestry Record 9078 #269432 Will of Ira A Hooker

The Story

From the Oregon Statesman Feb 24, 1852 - Cold Blooded Murder

A most atrocious murder was committed in Polk county [sic] on the 12th inst. [of this month] by one William Everman, a desperate character. His victim was an esteemed citizen of the name of Serenus [sic] Hooker. The particulars, as furnished us by a correspondent who resides in the neighborhood where the offence was committed, are as follows:

During the past winter robberies have been frequent in the settlement, of which, Everman, among others, has been suspected. Recently, while Hooker was absent his house was entered, a trunk broken open, and a watch taken from it. Circumstances caused suspicion to rest upon Everman, and Hooker accused him of the theft; in consequence of which he threatened to shoot him, (Hooker.) And while at work in his field, harrowing, on the above-named day, he was shot by some one who was concealed behind a neighboring fence. Appearances indicate that he was first crippled by buck shot fired from a musket, and that the murderer then approached his victim and deliberately shot him through the brain with a pistol. Hooker evidently attempted to effect his escape after receiving the contents of the musket and from the indications about the place where the body was found, it would seem that a parley ensued between him and Everman before he was dispatched.

No person saw the foul deed committed, but all the circumstances strongly implicate Everman, and there is little if any doubt but that he was the perpetrator. In addition to his frequent threats to kill Hooker, he was seen to go in the direction of the field where he was at work, on the day the murder was committed, armed with a double-barrelled [sic] gun and a revolver, since which he has not been heard from. Persons have gone in pursuit of him in every direction. Our correspondent describes his personal appearance as follows: “He is about twenty-five years old, has rather brownish hair, a prominent forehead, which is bald for some distance back, eyes very large and of light color. He is about five feet and ten inches in height, and has a slight protuberance on his upper lip, which is prominent when he laughs.” It is believed that a brother of Everman’s has fled with him. The brother is about thirty years old, six feet in height, has long beard on his chin, and a scar, resembling a burn, extending to the corner of his mouth, on one side of his face.

Later. – After the above was written we learned that the brother was arrested on the way to the mines, and is now in irons in Polk county [sic]. We are unable to learn whether there is any reason to suppose he was privy to the murder.


From the Oregon Statesman March 2, 1852 - The Murder in Polk County –Three Persons Arrested

Wm. Everman, the murderer of young Hooker, and his brother, who is supposed to have been an accessory, and a man of the name of Coe, also an accomplice, have been arrested and are in irons in Polk county [sic}. They were examined before Justice Lovelady and by him committed for trial. Coe turned “State’s evidence,” and gave the particulars of the crime, as he received them from Wm. Everman. He first shot Hooker with a musket from behind the fence, wounding and felling him. He then drew a revolver and approached him. Hooker beseeched him to spare his life, and promised secrecy as to what had taken place; but the callous wretch replied that, having proceeded so far, he might as well finish him, and deliberately shot him thro’ the brain. Upon coming up with his brother, Coe, and some others, who started that morning for the mines, the former asked him what he had done; he replied that he had settled the case with Hooker -- that it was all over with him.

Everman and Coe were arrested at the house of one Walker, on Deer Creek, where they had put up for the night. They had got ahead of the party and were traveling under the assumed names of Smith and Taylor. It is not positively known that Coe and the brother of Everman were accessories before the fact.

We regret to hear that several other persons, citizens of Polk county [sic], are implicated in this painful affair. They composed the mining party heretofore spoken of, and when questioned by the pursuers of Everman, as to his whereabouts, with one exception, all asserted that he had not been with them, and that they knew nothing about him. Our informant states that they are respectable citizens, and that no one suspects them of having had any previous knowledge of the murder; that they are only censured for endeavoring to mislead the pursuers of the guilty ones, and thus prevent their arrest.


Oregon Statesman March 9, 1852 - The Late Murder in Polk County.

Mr. Editor,

Old Polk has hitherto enjoyed the reputation of being one of the most quiet and orderly counties in the Territory; however, recent events indicate that her reputation is on the wane. We have, during the recent winter, been infested with what is supposed to be an organized band of robbers and cut-throats. The operation of those gentry have until recently been confined to breaking open and robbing three or four houses and one store, together with the perpetration of a few larcenies. Such offences our good citizens were dispose to submit to quietly in the absence of any positive proof by which the offenders could be brought to justice, and the excitement incidental to such a state of affairs had become nearly quieted, when on Friday, the 13th of February, the neighborhood was aroused by the report that Mr. C. C. Hooker, a quiet and unoffending citizen, was found lying in his own field most brutally murdered. This being the first murder that has been perpetrated within the limits of our county, the people naturally became somewhat excited, and determined to leave no means untried to ferret out the murderer. Mr. H. had been engaged in harrowing in his field, some two miles from any house, and upon an examination of the premises it was sufficiently indicated that he had been killed the day before, and the murderer had secreted himself in a rail pen hear where Mr. H. was at work, and had stuffed the lower cracks of the pen with straw for concealment, and when his victim had approached within thirty yards, shot him in the back with a heavy load of buck shot and slugs. It further appeared, from the tracks on the newly harrowed ground, that Mr. H., after receiving the first shot, had run a few steps and sank down, and that the person in the pen had jumped out hastily, and made long and rapid strides in the direction of the wounded man, and when he had got about half way to him, had approached more cautiously, stepping as though approaching by stealth. The tracks continued around Mr. H. and within six feet of his head, where it appeared that the murderer had placed his feet in the usual l position of a man firing, and dispatched his victim by shooting him in the brain. Suspicion immediately concentrated on one William Everman, who with his brother Hiram had been stopping in the neighborhood for the last six months. Suspicions were based upon the fact that some time since Hooker, upon strong circumstantial evidence had accused the Evermans of breaking ope his house and stealing a valuable gold watch and chain, and William had been frequently heard to say that he would kill Hooker if he did not make amends for the accusation.

Persons immediately proceeded in quest of the Evermans, and on making inquiry where they had been stopping, it was ascertained that Hiram had left on the day of the murder in company with a party going to the mines, and that in a short time after he started, William had departed on foot in the direction of Hooker’s field, armed with a double barreled shot gun and revolver, and had returned in to the house in about two hours and saddled his horse and started after his brother. Upon further examination he was tracked in the direction of the field, and his tracks when measured corresponded with those found near the murdered man. Persons started immediately in pursuit and brought Hiram and the party with him back on Friday night. The party stated that Wm. Everman had passed their camp on Thursday evening, and had gone south in great haste, accompanied by a young man, as associate of his, by the name of James Coe. They further stated that while at their camp, William had told his brother Hiram, and other members of the party, that “the deed was done and he had settled with Hooker for that watch.”

Upon examination had before Esquire Lovelady on Saturday the 14th Hiram was committed on charge of being accessory to the murder.

Owing to some delay in getting a party to follow the murderer and Coe had got 48 hours the start. James Foster, H. C. Owen, J. W. Burch and S. Goff, started south and G. W. Basket to the mouth of the Columbia in order to effectually cut off their escape. The party going south soon discovered that they were on their trail, and after 60 hours hard riding, night and day, they overhauled them at about 11 o’clock at night on Monday the 16th, on Deer creek, a branch of the Umpqua, and returned with them on Saturday last, just one week after the pursuers had left. An examination was immediately had before Esq. Lovelady; Coe testified that the prisoner had frequently told him that he intended to kill Hooker before he left the settlement, and that he had secreted himself in the rail pen and shot him in the back with a shot gun, and then ran up with his revolver and dispatched him, while begging for his life, by shooting him in the forehead. Other testimony was adduced which went conclusively to identify the prisoner with the murder, for which the annals of crime scarcely furnish a parallel. The two Evermans and Coe have been committed to await their trial, and are now all securely lodged in jail – that is, if the upper story of the court house can be called one. They are securely ironed and constantly guarded, and are not likely to evade the vigilance of our sheriff. They are comfortable and well cared for – the citizens pitying the men, while they deprecate their crime. It is supposed that these two men have been at the head of all the outrages which have been recently committed in our county. If they have accomplices, they had better make themselves scare in Polk.

Yours, &c. Subscriber


Oregon Statesman March 30, 1852

Correspondence of the Oregon Statesman The Polk County Murderers

Cynthian, Polk County, } March 23d, 1852 }

Dear Bush – On last week, one Enoch Smith, an associate of the Evermans, was arrested on a charge of being accessory to the murder of C. C . Hooker. It appeared that Smith and Hooker had, for some time, been on bad terms, and it was proven, on examination before the Justice of the Peace, that Smith had offered Wm. Everman, on the day preceding the murder, two hundred and fifty dollars, if he would kill Hooker, or proposed to commit the deed himself if Everman would pay him that amount. Hiram Everman offered to guarantee the payment of the $250 to Smith in case that he would comply with the latter proposition. Developments are daily being made which go strongly to prove that the two Evermans, Coe, and Smith, had deliberately discussed and planned this cold-blooded affair.

It is currently reported in this county that Judge Nelson has declared that , if these men are convicted at the term of the court as fixed by the last Legislature, that he would interpose his authority to prevent their punishment. It is to be hoped that the Judge has not made any such declaration. I do not believe that the citizens of this county will suffer him to interfere. If the prisoners are duly convicted, on a fair trail, which they will most assuredly have, you may rest assured that they will be punished, Judge Nelson to the contrary notwithstanding.

Yours, &c.


Oregon Statesman April 20, 1852 2:5 - The Murder Trials in Polk County

We learn from Maj. Meek that W. Everman, th principal, has been convicted of murder in the first degree, and sentenced to be hung on Friday the 14th of May. Two of the other prisoners were sentenced to the penitentiary, for what length of time we are unable to learn. A change of venue to Yamhill county [sic] has been granted the fourth. He will probably be tried there this week. The old criminal business of Polk county [sic] was disposed of.

Later. – Wm. Everman plead not guilty, but was found guilty and sentenced to be hung on Tuesday the 11th instead o the 14th of May. Hiram Everman, a brother, plead guilty and was sentenced to three years in the penitentiary. Enoch Smith, plead not guilty and the jury were unable to agree, eleven standing for conviction of murder in the first degree and the twelfth for murder in the second degree. Judge Pratt transferred his case to Yamhill county [sic], on account of want of time. Coe moved for a change of venue to Yamhill county [sic] on the ground of prejudice, on the part of the people of Polk. The motion was granted.

Escape of Smith – About 9 o’clock on Saturday night, Smith slipped his irons over his feet, and jumped out of the second story window and escaped. Parties are in pursuit of him, but he has not yet been captured. Two men were guarding him at the time, but did nt notice that he had disengaged himself from his irons. He asked that the window might be raised so that he could get fresh air; he then asked for a drink of water, and when the guard turned his back to replace the dipper, he leaped out of the window, and before the guard could get down stairs, head got out of sight. He was without coat, vest, hat or boots. He also wore a blue flannel shirt. He is supposed to be about thirty years of age, heavy set, light hair and blue eyes. -------------------------------- Oregon Statesman April 27, 1852 2:3 - Yamhill County – The Polk Murder

Smith, an account of whose escape we gave last week, was recaptured in Yamhill county [sic], in the barn of a Mr. Allen. He had sprained himself in leaping from the window, and taking cold, his limbs were so swollen that he could hardly walk. He was tried on Thursday upon the charge of being accessory to the murder of Hooker before and after the fact, and was found guilty on both counts. He was sentenced, on Saturday morning to be hanged. The time appointed for the execution we did not learn. Messrs. Boise and Deady for the prosecution, and Logan and Brenan for the defence [sic].

David J. Coe, charged with being accessory after the fact, was tried on Wednesday and was acquitted on the charge of the court relative to the venue. Deady and Boise for the prosecution and McCabe and Logan for the defence [sic].

We understand that the court will continue in session a portion of this week. ---------------------------------- Oregon Statesman May 25, 1852 - Execution of Everman

William Everman, convicted of the murder of Hooker of Polk county [sic], was executed at Cynthian, the county seat [now Dallas], on the 1tth inst.[of this month], in the presence of about three hundred spectators. The “drop” did not break his neck, and he consequently was some fifteen minutes expiring, evidently suffering great agony. He had embraced the presbyterian [sic] faith subsequent to the murder, and was baptized a few days before the execution. He was perfectly composed upon the gallows, and talked freely. Before he was swung off, he made a second confession, which disagreed somewhat with his written one, which we publish on our outside. He stated that he stole Hooker’s watch, and that he murdered him in the manner described in his first confession. He said that he bore a good reputation in the States, and that that was the first crime he had ever committed; that he was corrupted by bad associations in California. He was about 25 years of age, and said he had respectable relatives in the States. The watch stolen from Hooker he hid in the brush on the Rickreal. He guided a party to the place where it was found. The watch was a very valuable one. He stated that they did not break open Hooker’s house to steal his watch, but they expected to find money there. In this they were disappointed.

Enoch Smith, convicted of being an accessory to the murder of Hooker, and sentenced to be hung on the 18th day of May, has been respited [sic] by Gov. Gaines until the 8th day of June.


Oregon Statesman May 25, 1852 1:6 - Confession of Return W. Everman

Before I depart from this world it becomes my solemn duty before God and man for my future happiness and the satisfaction of the community, to make the following confession:

The charge against me for taking Mr. Hooker’s watch, is true. I took the watch and hid it near to the Rickreall river [sic]. I took nothing else. I then returned to Mr. Goff’s, where I was then making my home. In a few weeks, reports were that I was accused of taking Mr. Hooker’s watch. Mr. Goff got in possession of this news and told my brother; he told me. I denied it, and told them that I was clear of the charge.

Now, (they knowing my character heretofore,) I truly believe they thought I was clear of the charge. They insisted on me having it settled before I left. I saw that there was no chance to have it cleared. I was afraid that, if I undertook to settle it, suspicion would be against me. My opinion was that the people generally thought that I was clear of the charge. I told Mr. Goff and my brother that I was clear, and that I was afraid, if I left, the report would be circulated and be believed, and I would kill Mr. Hooker; that I would rather the news would get home that I had killed a man for trying to injure my character, than for news to go home that I stolen [sic] a watch.

Now I thought that, if this deed was done, no one would think I had taken the watch, and I might do the deed and make my escape. Now Mr. Goff, Coe, and my brother, were to start to the mines in a few days. A short time before they were ready to start, Mr. Smith came to Mr. Goff’s. When he came he knew nothing of any difficulty between me and Mr. Hooker. Some one told him what the difficulty was. I knew that Smith and Hooker had some difficulty between them, and were not at a good understanding, so I told Mr. Smith of the difficulty between myself and Mr. Hooker, and that I intended to kill Mr. Hooker the first chance I got. So, in the morning – while they were packing up to go to the mines – I saw Mr. Hooker going to his farm. I followed him to his farm. It was there that I done the deed, and returned to Goff’s.

When I got to the house they had started for the mines. Mr. Smith had started with them to go one day’s journey. I then left Mr. Goff’s with the intention of going to California. I overtook the company that started for the mines. I had forgot my money, and left it at Goff’s. I then told my brother that I had killed Mr. Hooker, and had left what money I had at Mr. Goff’s, and I wished him to let me have some to bear my expenses; his money not being convenient, I asked Mr. Smith if he had any money with him; he said he had. I told him the amount I had left, and he gave me that amount. I then spoke to my brother and told him I would like for him or some of them would go with me; he refused to go. I then spoke to Mr. Coe; he refused to bo but, by persuasion, he consented to go with me. After we had gone some distance, I told him what I had done. Now it is unnecessary for me to say anything more here.

The report against Mr. Walker as knowing to my having that watch, in not so. No man ever knew that I got the watch. It is said that Mr. Walker had to leave the States for killing a man, and has changed his name. He lived within 28 miles of my father in Mo. [Missouri], and, from all I could learn he was a man of character. I crossed the plains in 1850 with William Wallace Walker. He is clear of both charges, as far as I know.

As for D. J. Coe, he is a man much respected where he is known in Mo [Missouri]. I have been acquainted with him 12 years, and believe him to be an honest man.

As to my brother knowing to any of the robberies that have been done, I believe him to be entirely innocent. What I did it was not my intention ever to let him or any other person know it. I took Mr. Hooker’s watch; no one know [sic] that I got it. I know nothing of any other robbery that has been.

A few words more and I must stop. I was raised by parents that did their duty in trying to teach me what was honest. The report against me for stealing and being shipped in California, is not so. As to my brother, he has tied to live an honest life, and, if I know anything of him, he is an honest man. I am guilty of the two charges against me – taking the watch and killing Mr. Hooker. Previous to this, nothing can be said against my character by any person.

Return W. Everman.

The above is a copy, word for word, from the original now in my possession – which original was written with Return W. Everman’s own hand and of his own accord.

W. S. Gilliam Sheriff of Polk Co., O. T .


Oregon Statesman June 15, 1852 2:7

To His Excellency, John P. Gaines

Sir: -- The pardon which you granted Enoch Smith – convicted of being accessory before and after the fact in the murder of C. C. Hooker – has just arrived, and in due time to defeat the objects of the law. It will doubtless be gratifying to you to know that your mandate has been obeyed in this instance, and your laudable object consummated by turning loose upon society a cold blooded, heartless murderer, of great efficiency, and you can console yourself with the reflection that when your friend has not the courage to attack his victim, he always stands ready with funds to hire it done.

You doubtless think that your conduct has been prompted by mercy to the criminal, forgetting that any was due to society. I had long been prepared to see you guilty of any indiscreetness which might result from a want of intellect, and am now only surprised that the depravity of your heart should exceed the limit of your understanding.

Your conduct at Encarnacion [sic] proves that you cannot look upon blood with composure, even when shed in a just and righteous cause. I have been disposed to overlook the infirmity of cowardice, not supposing that your negative virtue could possibly lead you to protest, patronize and pardon, the assassin.

I learn, sir, that Mr. Smith is a Kentuckian as well as your excellency [sic]. I hail from old Bourbon, of the same State. We both have reason to regret that the natives of the “dark and bloody ground” should prove themselves entirely unworthy of their chivalrous ancestors. Common sense, sir, should teach you that the prestige of Kentucky origin will not sustain you in your mental imbecility; and that Kentucky aristocracy, devoid of sense and virtue, will not pass current in this intelligent market. The people of Oregon believe that vice and virtue are not bounded by town, county or State lines. The map exhibits no vicious nor virtuous divisions of the globe, yet the perpetrators of crime in Oregon are nearly all from our native State. Keene, the black leg and murdered of Cook, was a Kentuckian; I believe you pardoned him. Kendall, who murdered Hamilton wand was hung last year at Salem, was a Kentuckian, Turner, who was hung at Hillsborough for the murder of Bradbury, was a Kentuckian. Return W. Everman, who was hung in this county last Spring for the murder of C. C. Hooker, was a Kentuckian. At the same time at which he received sentence of death, Hiram Everman, a native of Kentucky, was convicted of being accessory to that murder, and was sentenced three years to the penitentiary. Enoch Smith, a native of Kentucky, who instigated that murder, was tried in this county last Spring, charged with being accessory before and after the fact to that murder; eleven good, true and honest jurors out of twelve decide that he was guilty. The judge leaning to the side of mercy, granted a change of venue to Yamhill Co., where he was formally tried, found guilty, and received sentence of death, which would have been executed to-day had it not been for the interference of “1, John P. Gaines.” Another Kentuckian, who interposed his official authority to save the credit of his native State and the neck of a murderer.

Kentucky, like all other States, has produced some great and good men, and I presume her proportion of bad ones. Wisdom and folly I believe are co-extensive with the universe. Your conduct proves that Oregon has a fair proportion of the latter.

I am sir, A Kentuckian. Polk county [sic] June 11, 1852


The Oregon Statesman Tuesday, June 22, 1852 Official Paper of the Territory - The Pardon of Smith

A correspondent last week mentioned that Gov. Gaines had granted a pardon to Enoch Smith, who was under sentence of death to Polk county [sic] for being accessory before and after the fact to the murder of C. C. Hooker. We propose this week to advert to the facts in the case as elicitied [sic] at the trials, and the reasons which have prompted this Executive interference.

Early last spring C. C. Hooker, a most estimable citizen of Polk county [sic], was murdered in cold blood while plowing in his field. No murder which has been committed in the Territory since our residence in it, created so marked a sensation. A thrill of horror ran through the community as the news of the dastardly deed was communicated; and a natural and just determination that the fiendish perpeirators [sic] should suffer the extreme penalty of the law, was felt and expressed. Subsequently three persons, William and Hiram Everman, (brothers) and Enoch Smith were arrested and tried for the crime. The first was convicted of being the principal, and hung on the 11th of May. His brother Hiram was convicted of being accessory after the fact, only, and sentenced to the penitentiary for the term of three years. His services for the time have been sold by the county authorities, and he is now paying the penalty of his offence by hard labor. Enoch Smith was charged with being accessory both before and after the fact. He was tried in Polk county [sic], and eleven jurors were agreed upon a verdict of “guilty” on both counts. The twelfth having, as we learn, some scruples in regard to the right to inflict the death penalty, dissented. The case was transferred to Yamhill county [sic] where he was fairly tried and ably defended. Twelve men, against whose integrity and impartiality not a breath has been whispered, after a full and patient hearing, pronounced him guilty of the awful crime for which he was arraigned. It was proved by testimony unimpeached [sic]and unimpeachable, that Smith had long been at enmity with the murdered Hooker; that he had at times threatened to kill him himself, and had offered Everman, who committed the deed, two hundred and fifty dollars to do it. It was furthermore proved that he listed to Everman’s announcement that the foul deed was done, with the most fiendish satisfaction; and that in accordance with his promise he paid him the price of blood, and aided him to escape the punishment of the law – lying, to mislead the pursuers. Not a mitigating circumstance appeared in Smith’s case. The testimony was irresistible, and a verdict of guilty and sentence to death, was but the expression of a healthy public sentiment.

Afterwards an attempt was made to manufacture a sickly sympathy for the prisoner. A petition for pardon or respite was got up and limitedly circulated. The Governor, actuated by feelings of personal animosity against the Judge who presided at the trial, and, like the whole federal official band, bent on breaking down and destroying all authority in his judicial district, first granted a respite and then an unconditional pardon. And a cold-blooded fiend who could deliberately plan and pay for the death of a fellow being, unwarned and unprepared, is let loose upon society, countenanced and encouraged by John P. Gaines to continue his war upon his race. If another victim falls by his blood-stained hand or cowardly procurement, will the Governor’s skirts be free from responsibility?

To know that this pardon was based upon personal hatred, increased by recent events to an extent unknown to enlarged and liberal minds, and a proclaimed determination to trample upon and contemn the laws of the Legislative Assembly, it is necessary only to know that it was granted without seeking or obtaining the testimony from any disinterested source. Had he been unwilling to grant an underserved pardon and desirous of learning the facts, he would have sought them from unprejudiced sources; and if he had not resolved to prostitute the pardoning power, he would have acted only after a thorough investigation. He would have consulted the minutes of the testimony as kept by the presiding judge and prosecuting attorney, officers who are presumed to be disinterested and impartial. Such is the usual, yes, universal course of proceeding in case of a contemplated exercise of the pardoning power. But he took the statements of petitioning friends, and upon them alone, struck the shackles from a murder’s limbs and sent him abroad in the land, perhaps to repeat his crime. We do not believe the record of Executive malfeasance furnishes a parallel for the case.

And is this dealing out even-handed justice? Hiram Everman, impelled by the ties of consanguinity, sought to aid his brother’s escape; sought to save him from an ignominious death and his own name and family from dishonor and disgrace. All this was done after the murder was committed and when it was too late to prevent its commission. He was convicted of his offence – accessory after the fact – and is now suffering the penalty. Enoch Smith is before hand well aware that murder is contemplated – counsels and contracts for its commission, and afterwards aids his accomplice to escape. He is convicted of his offence by twelve impartial men and receives the sentence of the law. But John P. Gaines, for the gratification of personal hatred and furtherance of petty sins, prostitutes the pardoning power, and forbids the execution of the sentence, and restores an unrepentant criminal to society and the enjoyment of civil rights. The utmost that mercy could have dictated in Smith’s case, would have been a respite until the Legislature could have acted in the premises.

We are not an ardent friend of the death penalty, or an advocate for its rigid infliction. On the contrary, we are inclined to question its necessity or utility in most cases, where secure prisons afford society protection. But we cannot withhold the condemnation of an act which, from the basest motives, lets loose upon society an undoubted criminal, and gives immunity and impunity to crime.





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