Page:The Green Bag (1889–1914), Volume 08.pdf/246



CURRENT TOPICS A Novel Ruse. — A novel and very ingenious expedient to save a murderer from execution was de vised in the recent case of "Bat" Shea, who was convicted of the murder of Robert Ross, at Troy, N. Y. Shea was a young Democratic rough, em ployed, or at least engaged, in deterring Republicans from voting on election day. He had an associate named McGough. Ross and his brother William were regularly constituted Republican watchers at the polls. There was a conflict between the Ross brothers and Shea and McGough, in which Robert was killed and William was seriously assaulted. Shea and McGough were indicted for these offenses, and Shea was convicted of the murder of Robert, while McGough was acquitted of that offense but convicted of the assault on William, and sent to prison. On the trial concerning Robert, McGough swore that Robert was killed by Borland, but Bor land was not even indicted for the offense, it appear ing that he was a Republican trying to assist Robert. Fifteen reputable and disinterested persons swore that they saw Shea fire deliberately twice at Robert at close quarters, and that neither Borland nor McGough did it or was in a position to do it. This result was accomplished in spite of intimidation and bodily vio lence toward some of the witnesses. Shea's case was taken to the Court of Appeals, and his conviction was unhesitatingly affirmed, the opinion being written by the Democratic judge, Peckham, who used very severe and significant language about supposed polit ical inspirers of the crime. (Spme, or at least one, of the witnesses testified to overhearing a conversa tion between the accused and others, indicating that they were set on by persons higher in authority to get rid of the Ross brothers by violence, if necessary to effect fraudulent voting.) After the affirmance of the conviction, a strenuous attempt was made to in duce the Governor to commute the sentence to imprisonment for life, but without avail. About the time that this attempt was instituted it was an nounced in an Albany newspaper that McGough was ready to confess that he was the murderer, but nothing more was heard of it until the Governor's

decision was announced. Then it was heralded by the prison authorities that McGough had confessed to them, and the Governor was induced to appoint a commission to take his sworn statement and to respite Shea. Counsel then made a motion for a new trial, based on this confession. It was heard before a Democratic judge, and after a careful exami nation was denied, the judge being convinced that it was incredible and perjured. Shea suffered the extreme penalty of the law, asserting his innocence to the last. A more desperate and artful attempt to defeat justice was never devised, and that it was un successful is a demonstration of the capability of judges chosen by popular suffrage to rise above poli tical bias and associations. McGough was perfectly safe in his confession, because he had been acquitted of the murder; if he had not been, there would have been some reason to believe his story. The lesson is a wholesome and much-needed one, and especially as addressed to the locality where these events oc curred, and it probably will be heeded by those high in office and power as well as by the humble and base creatures through whom such desperate acts are compassed. No murder case in New York in recent years has created so much excitement and popular indignation. Robert Ross is regarded as a martyr, fallen in the cause of popular rights, and a monu ment is being erected over his remains by the women of Troy. On the other hand, the funeral of his murderer, at Troy, was attended by an immense concourse; thousands viewed the remains : great quantities of flowers and floral devices — some spell ing "Innocent" — were contributed, especially by the " collar-girls "; a long procession followed to the grave, and many knelt in the snow. The affording of the opportunity for such a morbid demonstration was a mistake on the part of the public authorities. The humane and wise priest who ministered to the deceased in his last moments and at his grave, subtantially deprecated this outburst and by no means asserted his belief in Shea's innocence. Shea's death was more to be commended than his life, for lie professed penitence and a spirit of forgiveness. His life has afforded a longer printed record than that of many benefactors of mankind, for the printed case