Jan 14 1836 to Mar 5 1836 - PTR, Vol. 4

themselves in defence of the sacred rights of the nation. I am, &c.

Jose Urrea.

God and liberty! San Patricio, 27th Feb. 1836. To his excel. the president, D. Antonio Lopez de Santa Anna, general in chief of the army of operations. [2193) [BURNET ET AL to ROBINSON]

To His Excellency James W Robinson Governor, and The Council of Texas

The undersigned, citizens of the municipality of Liberty, actuated by a sense of humanity to individuals and of duty to the community at large, would respectfully represent: That on the 26 instant John M Smith and William M Smith were sentenced to suffer death by the Court of this Jurisdiction, for the murder of Alfred Carrol, late a resident of this municipality: That the verdict of the Jury on which that sentence was predicated, expressly recommends John M Smith lo mercy; and that it will appear from the accompanying certificate that a part of the jury, who rendered that verdict misapprehended the legal consequence of the words of the verdict and were not apprised, that the finding of John M Smith guilty, as accessary, would in the intendment of the Law, involve him in the same sentence and subject him to the same punishment as the principal- That the said John M Smith and William M Smith, have been held in confinement a long time, on the charge preferred against them- That John M Smith the father has sustained great damage in his property, by that confinement, and that William M Smith, the son, has been detained in irons from .his first commitment, and has suffered much corporal punishment there- from That the father is a man of large family and the son a married man. That the said persons, so convicted were by some misadven- ture which the undersigned cannot undertake to explain, deprived, on the trial, of the benefit of testimony, which they considered of vital importance to their defence; and it may be, had such evidence been adduced, a very different verdict and .sentence would have resulted- The undersigned therefore feel constrained to present this subject to the solemn and humane considerati_o_n of the Govern?r and Council; and to prefer their earnest pellt10n, that the said

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