April 28th, 2013 Headsman
This date in 1899 was the one appointed for the Roseburg, Ore. hanging of a miner named J.M. Olberman for murdering his partner-in-prospecting.
But as described in this April 28, 1899 story from the Portland Oregonian (transcribed in its entirety), a governor willing to “take a larger and less restricted view” of a case than the courts would do spared Olberman on the eve of his hanging.
SALEM, April 27. — The sentence of J.M. Olberman, who was to have been hanged in Roseburg tomorrow for the murder of J.N. Casteel, his mining partner, near Myrtle Creek, last year, has been commuted to life imprisonment. At 5 o’clock this afternoon Governor Geer sent a telegram to Sheriff Stephens, of Douglas county, advising him of the commutation. When asked tonight to give his reasons for extending clemency to Olberman, Governor Geer said:
I finally concluded to commute Olberman’s sentence to life imprisonment for the reason that there were many extenuating circumstances that remove his crime from the class of deliberately planned murders. His victim had not only viciously warned him the night before that he would kill him when he was least expecting it, but had refused to go to bed, lying on the lounge al lnight, and muttering his threats long after Olberman had retired. Reputable citizens of Mytle Creek have proven to me that Casteel had not only threatened Olberman’s life, but that of several other men, and that he was a ‘bully’ by natre, and a dangerous man. I have petitions signed by 62 citizens of Myrtle creek, where the tragedy occurred, stating that Casteel ‘frequently threatened to kill people, drove his son-in-law from home by threats to kill him; that he threatened to kill Olberman, and we believe he would have carried the threat into execution had he not himself been killed.’
To my mind, these facts, which are well established, make a wide distinction between Olberman’s crime and that which is committed by a highwayman, who deliberately murders for gain, or the brute who takes human life purely for revenge, and there should be a distinction between the degrees of punishment following their commission.
Courts are sometimes prohibited from going outside the forms of law and the record, although convinced, perhaps, that the equities of the case would warrant a different finding. It is to correct such conditions that the right to take a larger and less restricted view of the circumstances surrounding a case is given to the executive. It is great power to place in the hands of one man, and should be used very sparingly and rarely.
I have an abundance of testimony from Myrtle Creek and Portland, where he lived for four years, that Olberman is a man of steady habits, and of a peacable disposition, and has never associated with the criminal class. The commutation of his sentence was asked by most of the people in the vicinity where the murder was committed, and the same request was made by letter to me by both the daughters of the murdered man, one of his sons-in-law, and three of the trial jurors.
Olberman committed a great crime, but the provocation surrounding him makes him less guilty, in my judgment, than the other man who deliberately murders for either gain or revenge; and his crime being less his punishment should be less. I do not think I have erred in saving this man’s life, but if I have it has been on the side of mercy, and to do so is sometimes a positive virtue.
Among those who signed petitions and sent personal letters to the governor in Olberman’s behalf were Governor Bradley, of Kentucky; a member of congress from Kentucky; United States Senator Joseph Simon, H.M. Martin, William Flocks and George McDougall, three of the trial jurors, and Mrs. May Stewart and Mrs. June Reynolds, daughters of the murdered man.
Also on this date
- 1634: Mikhail Borisovich Shein, for failing to take Smolensk
- 1876: The slave Francisco, Brazil's last execution
- 1945: Hermann Fegelein, Eva Braun's brother-in-law
- 1882: George Henry Lamson, aconitine poisoner
- 2010: Zheng Minsheng, child-stabbing doctor
- 1772: Johann Friedrich Struensee, the doctor who ran Denmark
- 1945: Benito Mussolini, his mistress, and his aides