Department of Justice.

Washington, D. C., March 8, 1895.

Mrs. Elizabeth R. Wheaton, 902 H. Street, N. E.

Sir: The papers in the above case have been referred, in accordance with Department practice, to the United States Attorney for the Western District of Arkansas for his consideration, and he has reported adversely thereon, being of the opinion that the case is not one in which executive clemency should be exercised, trial judge concurring.

In the absence of a counter showing, the report of the United States Attorney will be considered as disposing of the case.

By direction of the Attorney General.

Very respectfully, WILLIAM C. ENDICOTT, Attorney in Charge of Pardons.

Fort Smith, Ark., Feb. 20, 1889.

Dear Sister in Christ:

Yours at hand. It found a small portion of us praying to G.o.d for aid. We keep up our prayer meeting. There is but three of us who attend regular. It is myself and Mr. M. and T. We want to do all we can to save our souls. I am one who is to be executed on the 19th and I am ready to go if G.o.d says for me to go. I am sure to meet you in Heaven where there is no unjust court. I want you to pray for me in good faith, for the prayers of the righteous are powerful and I want you to remember the day I am to die and pray for my soul to go to G.o.d where I can see everlasting enjoyment.

I am sad, sister. It hurts my heart to think I have been a good, affectionate man on earth and now I must die for the wicked world or man's evil. I forgive all and will die an innocent man. "G.o.d receive my soul" is my prayer.

Brother and sister B. came and prayed for us last week. Write me again and I will give you all the news.

Yours truly, M----.

I had to stop writing to get to prayer meeting and I tell you, we had a good time. It does me good to get to say a word for Jesus, in jail or out. I am as happy as anyone could be in prison, I am sure. I am blessed with a sure love of G.o.d who can save or destroy. We don't have preaching very often in here. There are ten in here who are found guilty of murder. It is no wonder people think they can't get justice. I am sure it is on account of so many bad people being in the territory and around it.

I am thankful I am even spared to see a few more days and to let me have more time to try for justice. I am doing all I can and so are my friends and relatives. I have a good father and mother to pray for me day and night and am sure there is many a prayer gone to Jesus in my behalf.

Hoping to hear from you soon, I say good-bye. I am,

Yours very truly, M----.

Fort Smith, Arkansas, March 13, 1889.

Dear Sister in Christ:

Yours at hand. It found me well and still pleading to G.o.d to prepare my soul to meet my fate on the 19th of April. It is an awful day for me to think of. I do hope and pray to G.o.d I won't be put to death in such a cruel manner. I don't deserve such a death, or any punishment at all for the accused crime. I don't fear death, but I don't want to disgrace so many good people as it will be a disgrace on all my relatives and me as clear of murder as a child, and I don't believe G.o.d will allow me to be put to death without a cause, but if G.o.d tells me to go on the scaffold I will obey Him.

I had a dear brother come to see me this week, and when he left me it just looked like it was the last sight of the dear brother, although he said, "I will come to see you again before ----,"

then he choked down and went away. He meant, "Before you are executed." It would do my dear old parents an awful sight of good to get a letter from you, stating what I said in regard to a future home. I do wish you would write them.

We keep up our prayer meeting as regular as the time comes, except we are hindered by a good cause. Seldom we miss our meeting and prayers together. I am sorry to say there is only three of us and I am all the doomed one of the three. I want you when you are visiting prisons in Texas to inquire for a man by the name of John H., as I have heard he was arrested in Texas somewhere and was in jail. This is the same name as the man we are accused of killing, and it may be the same man. I wrote to Paris, Texas, but he was not there. If you find him let me know at once. You can ask him if he ever knew Henry M. and William W.

He might deny us, so you can give me a description and I can tell if it is him. Ask him of what nationality he is.

G.o.d bless you all and send me relief at the last hour. Amen. I am,

Your true and affectionate brother in Christ, M----.

Fort Smith, Arkansas, April 11, 1889.

Mrs. Wheaton,

Dear Sister in Christ:

Your kind and welcome letter at hand. I hope you are being blessed by our Almighty G.o.d. I am sure you are worthy of great praise in well-doing. I am very sorry to inform you I am not pardoned yet, but I thank G.o.d I have been respited till June 29.

It was thankful news for me and I am sure it is the power of our G.o.d who wants justice done in everything here on earth. Oh, what a great promise Jesus has promised us all if we will humble ourselves and get low down at his feet! I am one that wants to bow as low as I am required. I am a servant for Jesus as long as I remain in this sinful world.

I am so glad my dear old pa wrote you. I don't get any letters from him. I suppose he writes so pitiful to me the jailer won't let me have his letters. I do not know any other cause. I receive letters from my brothers and sisters regular. I thank you for the letter father sent you. My misfortune is an awful burden on their poor, old and feeble hearts, but I pray G.o.d to stay them and help them to bear their sorrows and I am sure He will do so.

Mr. W., my partner, is granted a free pardon and the President did not have time to investigate the evidence in my behalf, so he respited me for further investigation. Several of the senators are taking an anxious part for me and it is thought I will get a pardon. I trust in G.o.d I will be set free and can be able to help catch sinners for Jesus; I am sure I am willing.

I am sorry to inform you Brother M. was convicted of a brutal murder as the evidence shows. I hope he is not guilty, but we must not say.

It is a sad place here. Brother George B. and Brother T. have gone back in the world. There is nothing done for Brother George yet and his time is short.

The President refused to do anything for M., that one-armed colored man, so he must meet his Jesus on the 19th of this month.

There is three more, but the President has not ruled on their cases yet. I don't know whether they will be hung or not. I hope not. G.o.d help them all.

I want you to please write me. It does me good to read a letter from you. Write soon.

M----.

Fort Smith, Ark., May 1, 1889.

Dear Sister in Christ:

Yours at hand. It found us all in good health, and for myself, I am looking to Jesus. We still keep up our prayer meeting. It is a great comfort for me to get to tell Jesus how I feel and to hear the other brothers pray and talk for Him. Of course I know it is hard for me and some others to bear this punishment, yet I feel the kindness of our kind Saviour in my poor, sad heart. I only ask G.o.d to save my life and I am willing to spend the rest of my days in his service. I can only trust G.o.d that all will come out right.

I will tell you of the dear ones who were hung on the 19th. It was J. M. and A. Both were colored men. M. had the Catholic priest pray for him and he said he was going to heaven. He was very moody and pale; but he seemed to know his doom. Poor fellow!

G.o.d pity us all, for we have souls to save. A. joined the Methodist church and was baptized the same day he was hung. He was the bravest soldier I ever heard of. He smiled and said, "Good-bye, Henry." I had to shed tears to see and feel the nerves quivering when he and I both knew that it was death caused the quivering of his pulse. Poor boys! They are better off than I am, if they had made their peace with G.o.d.

Brother M. was convicted and is sentenced to be hung July 17.

There is five to be hung on that day. One colored man and one Indian woman and one Indian man and F. C. and Brother M. Myself and George B. got a respite. His is till June 21 and mine till June 29. W. got a free pardon and I am held on the same evidence.

It is because I was poor and did not send a man to plead for me at Washington, but people think I will come out all right yet. I leave it all to G.o.d, who can do me justice without money.

For the sake of each poor unfortunate soul you may chance to meet, I ask G.o.d to be near you and show and tell you a word to say to the poor condemned ones--a comforting word for their souls' sake. Joy and peace be with you. You have my prayers, as weak as they are. Jesus be with us all. Amen.

Write me soon.