STOUT, Joseph - Montgomery InGenWeb Project

ck of his head, and the rope was so imbedded in the flesh of the neck that it could not be slipped. VIEWING HIS BODY. The report having been circulated that the body would be exposed to view in the rotunda of the court house the crowd outside employed itself in listening to descriptions of the hanging from those who saw it until the casket and body were transferred to the court house, where it lay in state for about one hour and a half. In the meantime boys sold photographs of Stout through the crowd and the street corner merchants exerted their lungs more freely than before the hanging in crying their wares. The body, prepared for view, was placed in the court house. The guards, with muskets, kept the lines of spectators separated, and the doors were opened. There was a great rush and crush to get in. Around the body were evergreen and flowers. The face was considerably discolored. Otherwise he looked natural. When the curiosity of all had been satisfied, and as train time drew near, the body was removed to the depot. On the five o'clock train north it was taken to Crawfordsville, whence it will be taken to Wesley chapel, west of that city, for interment. THE GALLOWS from which the execution took place consisted of two upright posts 6x6 and thirteen feet in height with a cross piece from one to the other, 10 feet „This was out twelve feet from the side of the boiler house. The floor of the scaffold was ten by twelve. At the east end of this floor or between the two uprights was the trap, three feet, two inches square, which at the© west side hung on two hinges and on the east side rested on two movable pegs. The pegs were operated by a lever which when pulled removed the pegs and allowed the trap door to fall. At the southwest corner of the scaffold steps ascended to the floor above. The drop was six and a half feet. The machine was patterned after that which hung Watson at' Newport two years ago, and was erected by James East, of Rockville. The surrounding enclosure was twenty-five feet high, and was large enough to accommodate 250 persons. The rope was of hemp, and three quarters of an inch in size. It stood the shock well. There was a noose at: both ends. Some of the jurymen who sentenced: Stout to hang witnessed the execution. Many persons expressed the regret that the evidence of unsoundness of mind through epilepsy had not been admitted at the trial, believing that had it been, the execution of yesterday: would not have taken place. Dr. Cross visited Stout at o'clock! yesterday morning and ascertained his' temperature and the state of his pulse. The pulse was at 92, a little high, 70 to 76 being nominal and his temperature was 99. At that time he said he felt first-rate. Stout told his attorney, John R. Courtney, that he was engaged to be married to a girl named Ida May in Indianapolis the next week after he killed Dunbar. This information was' imparted under promise to not reveal it until after the execution. No confession was made by Stout, except a statement made to and written by one of his guards, which he declared was correct. It reiterated the story he told after his arrest, repeated at the trial and retold again and again, to the effect that he killed Dunbar in self defense, they having quarreled about a quail. The executed man claimed he wa4f* ready and prepared to die. He said he believed in God, the Bible, and the realities of the Christian religion, and desired the Rev. Fuson to pray for him. He believed if he trusted in Jesus he could be saved. It was on August 6th he said this. Yesterday the Rev. Mr. Fuson said there was no change in him. Stout, Friday, told two of his friends, John Swank and Edward Bly, that had he been convinced that his story was not believed and that the truth would not be ferreted out and a reprieve granted, he would have got out. "What did he mean by that ?r' inquired the reporter. Mr. Swank answered: "Either broke jail or killed himself." How he would have done either he did not say. The three papers in Rockville, the Republican, Tribune, and Saturday Eagle,, issued extras in a short time after the execution took place, all showing commendable zeal and enterprise. The Tribune extra contained, in addition to the Stout matter, a brief history of every murder committed in Parke county." It will be valuable for reference. The Eagle and Republican had pictures of Stout, and the latter a cut of the scaffold. Stout's wonderful and inexplicable composure, while in such fearfully trying circumstances was a continual theme of conversation.

All sorts of theories are advanced to explain it, but no one seems satisfactory. One gentleman made the assertion that he was an animal without a soul—that if sent to heaven he would be told, not here: if to the other place—not here. Another theory is that by constantly imagining the scene of the execution all horror of it was overcome and learning that death was instantaneous or at least that there was no suffering attending it, he thus divested the thing of all its horrors and so went to his death unfearing and unmoved. It was not bravado. Composure is the right word. The following gentlemen of the press were in attendance: Harry S. New, Indianapolis Journal; T. H. Adams, Vincennes Commercial; P. V. Collins, Cincinnati Commercial Gazette W. B. Wilson, Indianapolis Sentinel John F. Joyce, Terre Haute Gazette Jerre M. Keeney, Crawfordsville Star T. H. B. McCain, Crawfordsville Journal A. B. Cunningham, Crawfordsville Review R. B. Wilson, Crawfordsville Argus H. W. Brown, Indianapolis News Sid Davis, Newport Hoosier State Charles Whaloy, Montezuma Era Charles Crowder, Waveland Call W. E. Henkel, Rockville Saturday Eagle John H. Beadle, Rockville Tribune J. H. and J. W. Brown, Rockville Republican Mont L. Casey, Clinton Herald Charles N. Williams, correspondent for various papers. The spectacle of one solitary woman at a hanging where all the rest of the witnesses are men is as unusual as strange. The one woman at Buck Stout's execution was Mrs. Dunbar, the wife of Taylor Dunbar. She stood near the door of the enclosure and witnessed the entrance of her bus band's murderer into eternity with undaunted eye. She is a rather slight fairly good looking, dark complexioned woman, with dark eyes and raven black hair. She was dressed in black The people about Darlington thought it was all right for her to go to the hanging. She said yesterday morning: "If the sheriff does not want to hang Buck, I think I have the necessary fortitude to do it." Since the death of her husband she has learned the dressmaking trade in order to earn a living for herself and children.

THE MURDER. The Crime for which Buck Stout suffered the Death penalty* On the 24th of November 1882, Taylor Dunbar, a citizen of Darlington .

TERRE HAUTE, INDIANA, THURSDAY, AUGUST 9, 1883

Montgomery county, a small station on the Terre Haute & Logansport road, was most foully murdered in the woods about five miles south-east of that village'. The murder was committed between 11 and 12 o'clock noon, as shown by the evidence adduced at the trial of the murderer, though the body of the murdered man was not found until late in the evening. On that morning Dunbar, who kept a small store in Darlington and also ran a huckster wagon into the country gathering produce, loaded his' wagon with "goods for trade and started on one of his regular trips. He was accompanied by Buck Stout, a young man also of Darlington. The two were seen, leaving the town together and at various places along the road. Arriving near a gravel pit, not far from the Boone county line the team was hitched to the fence and the two men went into the fields and woods to hunt. That was the last seen of Dunbar until he was found dead. Those working at the gravel pit heard several shots in the direction of a certain woods, and near noon two shots in rapid succession. Late in the afternoon two men named Booher came along the road and found Dunbar's team still hitched. The wagon was mired and recognizing the team and wagon, supposed Dunbar had gone to get help to get the wagon out. They rang a bell which was in the wagon to attract his attention, but received no answer to it. Dunbar's dog, which had been with him that day, came to the fence, turned and ran back again. They went-to a Mr. Endicott's who lived near and told him. about the wagon and the action of the dog. He said he would go to the dog. Both went and found the dead body of Dunbar. The dog was sitting as near as possible to the body of his master. Dunbar was lying on his back with his feet crossed. His head was inclined a little to the east -and his feet to the north.. The gun with two exploded caps on the tubes was lying about nine feet from the body. A large hazel club cut that morning was also found near. A powder flask, shot pouch and a pair of bloody shirt cuffs were discovered near the scene of the murder. There were slight evidences of a struggle, but not much, for the ground was very soft. Four wounds were found on the body, two scalp wounds made by the club and two gun shot wounds. Neither of the scalp wounds would have produced death of themselves, but either of the gun shot wounds would have killed. One of the gun shot wounds was in the left temple, in front of the left ear and the left eye was put out. The other was in the breast, immediately below the neck.

The murdered man was fearfully mangled and presented a horrible sight. His pockets had been rifled and everything of Value taken from his person. Soon after the two quick shots were heard Stout was seen to cross the fields to the road leading to New Ross. He passed through Beckville and from there rode to New Ross in a wagon with Morgan Johnson. There was blood on his hands and shirt and he remarked to Johnson that he looked like he had been butchering, and said some fellows had jumped 'on him at Shannondale and he had fixed one of them so that he would not bother anybody else. He didn't want to talk much and said he wanted to get to Jamestown. About o'clock he called at the store of John W. Jones, bought a dish of cove oysters and told the [same story about the blood on his hands. While waiting for Johnson to start to New Ross he seemed uneasy and restless. From New Ross he took the train to Indianapolis. At New Ross he bought a new shirt, and put it on. Suspicion at once pointed to Buck Stout as the murderer. J. A. Marshall, of Darlington, was appointed deputy constable, and started at once for Indianapolis, reaching that city on Saturday morning.

The police being informed of his mission, the search for Stout was at once begun. It was found that a man answering his description had registered at the National hotel the night before, as John Smith, and had been around the place all morning. Feeling satisfied the man would be found at some of the lower resorts, or at a variety show, the Zoo theater was visited, and at the close of the afternoon performance he was found among the motley crowd issuing from the place. He was at once placed under arrest, and taken to the police station, manifesting no surprise or concern at the procedure.

A search revealed a pawn check for a silver watch, pawned at the shop of Solomon, on South Illinois street, during the day. He had on three shirts, the one next his person being covered with blood stains. In his valise was found a blood-stained shirt collar. Throughout the. search and when the damning disclosures were made he maintained an imperturbability and indifference that was astounding. On being taken to Solomon's loan office he was identified as the man who had pawned the watch. On being interviewed he said he went to Indianapolis to get work, and that he registered as John 8mith, for fun. The blood on the shirt he claimed came from his nose. He put three shirts on because he could not get them all in his valise when he left home, and he did not desire to leave them there. Being informed that he was lying, and that the people of Darlington would hang him to the first tree when he got back there that night, without any fear or weakening he said: "By G—d, I don't care what they do with me. I'm not guilty, and they'll be hanging an innocent man." In the evening he was taken on the Big Four train, and the experience of that night was quite dramatic in many of its features.

At Thorntown the officers in charge of Stout were informed that a mob would probably meet them at Colfax to hang the prisoner. They, therefore, removed him from the train and started overland with him to Darlington, where they arrived about 11 o'clock at night. The town was found full of excited men, not less than 500 being in the streets. As soon as news of the arrival of Stout was spread through the crowd a demand was made for him and a number of persons climbed into the carriage to pull him out. At length a parley was held and it was that Stout should be taken to the town hall and examined in the presence of the crowd. Closely guarded by the officers he was quickly hustled to the hall and at first only a few persons admitted. The crowd threatening to break down the door finally gained admittance. To appease the angry mob a prominent citizen mounted the rostrum and harrangued them at length, arguing that as all were without disguises and well known it would be very unwise in them to attempt any violence with the prisoner, and further that they ought to be fully convinced of his guilt before resorting to extreme measures.

The law should be allowed to take its course. Stout was finally placed on the stage in full view of the maddened crowd, and questioned by Dr. Hopper. "Did you kill Taylor Dunbar?" "Yes, I guess I did," was the surly response. ''What damned meanness, for?" "Just for reckon?" He then said he had struck his victim twice' with a club and then shot him. Afterwards he rifled the pockets of the deceased of $4 and his watch and fled. This confession and the nonchalant manner in which it was given, so incensed the mob that another effort was made to get the prisoner, but it was a failure. Conducting him again to the carriage, a start was made for Crawfordsville. But in the meantime a part of the crowd, between 50 and 100, taking a hint from the argument of the prominent citizens, had retired and prepared for a lynching bee by carefully disguising themselves. Stationing themselves at the foot of a big hill on the Crawfordsville road they waited the approach of the carriage. When it reached the top of the hill, the officers saw the mob waiting at the foot, and a coupe was at once determined upon. Quickly they threw down a fence, turned the carriage and drove at breakneck speed through the fields across the country to another road, and by going about eight miles out of the way they escaped the mob, which followed for some distance on foot, when it was found the officers had given them the slip. About 2 o'clock :in the morning the Crawfordsville jail was reached, and Stout was safely placed within its protecting walls. Here when afterwards asked how he felt he replied:

"Away down at the heel. I am afraid it will go hard with me." He then told the following story about the killing: He and Dunbar had been hunting, after they left the wagon. He killed quail and Dunbar put it in his pocket. They quarrelled about it and finally he called Dunbar a d—d liar. The latter threatened to kill him for calling him that and Stout hit him over the head with a club and knocked him down. Dunbar got up and went at him again and they had a scuffle for a few minutes. Stout then hit him with the club again and took the gun away from him and shot him twice. Stout said he didn't kill him to get his money, but after he was dead knew he must skip, so he took all the money on Dunbar's person—$4in all—and the watch and went to New Ross where he was arrested. He said he pulled his cuffs off, which had got bloody in the fight, and threw them down, and at New Ross bought a clean shirt to cover up the blood on the one he wore. Said he, "when I went out that day with Taylor I had no idea of killing him so help me God, I didn't, and am awfully sorry I done it indeed I am. Him and me was good friends." But once before he had been in trouble and that was for being drunk. For days there were continued rumors and threats of mobs storming the ail, taking the prisoner there from and lynching him. However no attempt of the kind was ever made and it is probably well that it was not. The Crawfordsville jail is a new one of the latest pattern, and the sheriff was a cool, determined man who would not easily have given up the keys

THIS TRIAL. Change of Venue granted—The Case at Rockvllle. When the time for the trial came at Crawfordsville, Stout put in the plea of a poor person and Judge Britton appointed Thompson & Herod, county attorneys, to defend him. To these Stout objected, withdrew his plea of poverty and secured the services of John R. Courtney of Crawfordsville to defend him. Making affidavit that he could not obtain justice in the Montgomery Circuit court on account of the prejudice against him there, a change of venue was asked. This was granted and the case was sent to the Parke Circuit court. Objection was also made to Judge Britton, and a change of judge was likewise obtained. The papers all being made out in proper form, Buck Stout was, on the 16th day of December, transferred to the Parke county jail at Rockville, which place was his home until the execution yesterday, and out of which he never went except to the court house while the various stages of the trial were in progress, until he walked out to die. There was much talk still of mobs and a lynching, and Sheriff Musser for some time kept a strong guard at the jail. No attempt was, however, made to take the prisoner, and the people of Montgomery seemed content to allow the law to take its course. In the meantime Judge Heller, of Indianapolis, before whom so many murderers have been tried, and a number sentenced to death, was secured to try this case. On the night of January 3, 1883, Stout was arraigned before him, in the presence of a large crowd. A plea of not guilty was entered by his attorney and the trial was set for Thursday, the 18th day of the same month. A special venue of jurors was ordered and subpoenas for the witnesses were issued and served. Sixty witnesses for the state were summoned, and probably that many for the defense, though but few of the latter were examined. On the day set for trial a large crown came down to Rockville from the vicinity of Darlington and Crawfordsville. The trial attracted great attention, too, in Parke county and it being winter many people from the county attended every day while it was in progress.

The interest was so great that the court room was continually crowded, and often when court convened there would not be standing room for another person. Especially was this so when the pleading of the lawyers began. The room was so packed that it was impossible for those in the aisle to move, and during the whole of an afternoon the interested citizens would stand and listen. For the state appeared Frank M. Howard, prosecuting attorney of Rockville, Hon. M. D. White, John H, Burford and John E. Humphries, of Crawfordsville, while S. D. Puett. of Rockville, aided Mr. Courtney in the defense. After some trouble, though with less difficulty than is usually encountered on such occasion#, a jury was empanelled and sworn. Following are the names of the jurymen. John W. Michaels, Joseph Hines; Lewis Boyd, Z. D. Byere, Joseph M. Wilson, Frank Brown; S. Beal, John Pence, John T. Cox, H. H. Seybold, W. F. Bigwood, Abel Ball. Thursday afternoon and Friday until 10 o'clock were consumed in procuring the jury, after which the examination of witnesses began., Josiah Harris, of Darlington, was the first witness examined, who told about how Dunbar and Stout started out together on the fatal morning. F. B. Thompson, Daniel Rhoodes, John Hiatt, John Stewart, Mrs. Thos. McDaniel, Thomas. McDaniel, Mrs. Martha Conn, Wm. Endicott, W Smith, James Williams, George W. Potts, Elmore Crawford, Sylvester Booher, Elkana Booher, Luther Booher, Alexander Barker, William Ford, Amanda Rhodes, Mattie Rhodes, Elmore Moffit, W. A. Booher, J. W. Michael, John W. Jones, Morgan Johnson, Joe Appel, Joseph A. Marshall, George A, Taffe, Dr. Samuel Ensminger, Nathaniel Booher, Allen M. Wheeler, Bennett F. Witt, M. S. Hooper, M. D., Mary Dunbar, Ira Booher, B.- R. Russell, Archibald. Bailey, were examined in the order named for the prosecution and the state rested.

All this evidence was circumstantial, but it was such a complete chain, not a link being: missing, that the impression was left on the minds of every hearer that Stout was guilty of a 'most foul, brutal and fiendish murder, without other cause than that1 of plunder and he deserved the severest punishment the law could inflict. Not a soul saw the killing, but Stout was traced step by step from the moment he left Darlington Friday morning with Dunbar, to the time he was captured in Indianapolis on Saturday afternoon. The bloody cuffs were identified as his, there was blood on his hands and clothes which he could not account for, a pawn check for Dunbar's watch was found in his possession and he was identified as the man who had exchanged the watch for money. In addition to this was his confession, or rather his several confessions. Besides, against the prisoner, also, was his unconcerned and even most indifferent conduct. With many spectators who did not know him he was the last one to be chosen as the man on trial for his life.

The same nonchalance he affected when arrested clung to him through all the trial. It was therefore a most hopeless case that his attorneys took in hand at 1:30 Monday afternoon, January 22. There seemed absolutely no defense. At the time mentioned Mr. Courtney opened for the defense. He claimed that the defense would be confined mainly to proving that the defendant's mind was unsound, that it had become impaired by congenital epilepsy—epilepsy inherited from his ancestors. He declared he should not, attempt to prove absolute insanity, but a condition bordering on that that rendered his mind extremely excitable and easily thrown into a frenzy. Mr. Courtney admitted that his client did kill Dunbar, but sought to prove that he did it through this unsoundness of his mind superinduced by hereditary insanity. To this end he placed John Stout, father of the defendant, on the stand and asked him in reference to the insanity inherited by himself, and per consequence by his son. To this the state at once entered an objection on the ground that it was incompetent inasmuch as the law provides no different punishment for the weak minded. The punishment is the same for all—a man of sound mind as well as one of a weaker. There are no gradations in this matter.. The court sustained the objection, and to it the defense excepted. The defense then offered to file a plea of insanity, but this was not allowed by the court because it was too late for the state to meet such a plea, and then it was necessary that such a plea be filed before trial be entered upon. Again an exception was noted by the defense. The prisoner was then placed on the stand to testifiy in his "own behalf. His demeanor here was not such as was calculated to create a favorable impression. He talked very fast and in a nervous manner, jerking, out his words and making his replies rapidly and vindictively. After each answer he would expectorate on the floor or attempt to do so. On direct examination a very straight story was told, but as soon as the state's attorney took charge of him, he began to contradict himself and for many of his most deliberate acts on the twenty-fourth of November, could assign no reason other than because "he wanted to" and "because I did, is all the reason I know." After admitting a number of times that he had lied, he became very angry and profane.

He admitted that he had been arrested for drunkenness and when asked if he assigned a month's pay to Dr. Griffith receiving the money for it, and then drew the month's wages himself, he said, "I did, by G—d." In nearly every particular his evidence corroborated that of the state's witnesses from the time they left Darlington until they arrived at the woods, where Dunbar was killed, and his statement of the murder contained so many inconsistencies that it was contradicted by the very circumstances surrounding the murder and confirmed by inanimate and mute witnesses.

Following is a specimen of the cross examination and answers of Stout: After the alleged fight and the killing of Dunbar, Stout said he went away and then went back to search the body. Then the prosecutor asked: "Was he dead when you went back?

"I did not examine him to see."

"Can't you tell whether he was dead or not?"

"No, sir he didn't say anything."

"How did he act?" "He didn't act at all. I couldn't tell whether he was dead or alive."

"You were just going to leave 'him in that fix, wounded in that condition, if he was alive?"

"I didn't think much about it."

"Didn't you know whether he was dead or alive when you left him there

"No, sir."

"You never tried to help him up and find out whether he was dead or not?" "No, sir I made no examination at all. I don't know how long it was after I left him until I came back and took his watch and money.". "

You were going to take his money and watch without knowing whether he was dead or alive, were you?". "Yes, sir." I..

'What made you take his' money?",

"I don't know just what did made me take it."

"4 "What made you take the watch and knife?

" "Because I took them, that's all I'"' can tell." "

You wanted to use them, didn't you?"

Frank B. Thompson was recalled and testified that the statement made by Stout that there was an agreement between him and Stout to kill Dunbar and share the plunder was wholly false in every particular. The "defense then rested its case.

On Wednesday morning, the 24th, Frank M. Howard opened the case for the state, making an eloquent speech® of one and a half hours' length, pleading that justice should be done, and that no maudlin sentiment oi pity or mercy should deter the jury from doing what is right in the case. Mr. Howard was followed after the noon adjournment by Mr. S. D. Puett for the defense and John E. Humphries for the prosecution. The speeches of both were highly commended. Mr. Puett contended that the case was simply one of manslaughter, and that the murderer ought to be so punished for that. Thursday morning John E. Courtney addressed the jury on behalf of the prisoner, and spoke for over two hours. He carefully reviewed the evidence, and made the most of it for his client. His closing was an eloquent appeal for mercy.

He quoted the lines from Marco Bozzaris: •Come to the bridal chamber death! Come to the mother's, when she feels, For the first time her first-born's breath Come when the blessed seals That close the pestilence are broketh And crowded cities wait its stroke Come in consumption's ghastly form. The earthquake shock, the ocean storm Come when the heart beats high and warm, With banquet song, and dance and wine And thou art terrible—the tear, The groan, the knell, the pall, the bier, And all we know, or dream, or fear, Of agony, are thifle." The lines were declaimed with marked effect, and continuing in his narration he soon had the whole audience in tears. Men were seen using their handkerchiefs as well as women and Stout for the first time showed any emotion. He cried with the vast audience. Courtney is an electrical speaker and he held the closest attention of the jury as well as of the audience.

The court adjourned for dinner. Soon after noon people began to gather to hear the closing speech by Hon. M. D. White. In a short time the house was again packed to its utmost, with many unable to get in. Mr. White's speech which began at one o'clock was quite lengthy and was a thorough and complete review of the evidence, showing the inconsistencies of Stout's story and the completeness of the claim for the prosecution. Judge Heller then delivered his instructions to the jury. They were remarkably plain and explicit, and were not lengthy. The jury retired about 4 clock Thursday afternoon, and the audience dispersed. Very few if any expected a verdict of murder in the first degree. This opinion was based on various things, the principal one being that as no jury had for very many years in Parke county condemned a man to be hanged, therefore this one would not. All night long the jury remained out. The next morning Courtney and Puett were jubilant, thinking that there must be a disagreement, and surely anything like a verdict of guilty in the first degree was not to be thought of for a moment. The jury kept its own counsel and not a word was heard from it. The suspense was growing painful, and every one was listening for the court house bell to announce their return. After being out twenty-three hours the jury, a little after 2 o'clock Friday afternoon, brought in a verdict as follows: "We, the jury, find the defendant guilty of murder in the first degree, as charged in the first count of the indictment, and that he suffered death.

ZACHARIAH BTERS, ? Foreman. Upon the ringing of the court house bell, which announced that the jury had agreed, a most exciting scene ensued "on the streets. Men and boys started from all directions and rushed pell-mell to the court house. In r. few moments the court room was filled with a panting and excited crowd. The prisoner was brought in, the judge took his seat and amid profound silence the jury solemnly walked in. The grave looks and earnest manner of the twelve men at once impressed every one with the feeling that they had agreed upon inflicting the heaviest penalty of the law. On being asked by the judge the foreman announced that they had a verdict, which was passed to Clerk Strouse, and he read it. The judge then called upon each juryman separately and each one affirmed that that was his verdict, and he still adhered to it. Thereupon the jury was discharged, after being thanked by the judge for their prompt attendance, and jury Mr. Burford on behalf of Montgomery county for the verdict rendered. The announcement of the verdict had no perceptible effect upon Stout, the now convicted murderer. He did not flinch or change color, and it is quite likely many among the spectators felt worse than he had, so far at least as any outward manifestation is concerned. On the 23d of April the motion for a new trial was argued and overruled. Exceptions were taken by the defense, and an appeal was made to the Supreme court, and sixty days granted in which to file a bill of exceptions. The case was argued in the Supreme court, and on the 17th of July a decision was rendered affirming the judgment of the lower court. All hope was now gone save one, and that was worth trying. It was a petition to the governor to commute the sentence to imprisonment for life. Such a petition was presented asking the commutation on the grounds mainly of the unsoundness of mind induced by hereditary insanity. The governor declined to interfere.