They were convicted of killing their mother. The family lived together very unhappily. The father and mother quarreled frequently and violently, the boys siding mostly with the father. The mother had abandoned her home, and been absent several months. She returned there on the day before the crime was committed, while the father was absent, and during that night or next morning was killed in a quarrel, as the verdict of manslaughter shows. The crime of killing a mother is so abhorrent to all our better natures that at first I could scarcely consent to consider the case; but such consideration has resulted in the pardon of the criminals. The controlling reasons for the pardon are: first, the degree of punishment already suffered; second, the finding of the jury (manslaughter) showing the killing to have been without malice or premeditation; and, third, the extreme youth of the prisoners at the time the crime was committed. I think enough has been done, in the way of the punishment of the offenders and of example to others, and that the most important consideration now, is the future of the prisoners. If it is desirable they should have a chance to become good men and useful citizens, it seems to me they should not not be kept where they are. The health of one is said to be suffering, and the mind of the other threatened. For these reasons they are pardoned. The pardon is strongly recommended by Judge Tracy, who tried the case, by some of the jurors, by Judge Beck, of the supreme court, by Hon. Ed. Johnstone, Hon. W. C. Hobbs, Hon. John H. Gear, Hon. Lyman Cook, Theodore Guelich, Hon. Daniel F. Miller, Hon. H. W. Rothert, Frank Hatton, Rev. C. P. Reynolds, and many others of the most prominent citizens of Lee and Des Moines counties.
Elias James. January 31. Sentenced at the fall term of the district-court of Warren county, in 1875, to the Penitentiary, for the term of one year and six months, for assault with attempt to murder, and committed thereto January 18, 1876. The petition is signed by Judge Leonard, who tried, and District-Attorney Smith, who prosecuted, the case; also by the sheriff, clerk, and all or nearly all the bar of the county where the crime was committed.
