1856.]            OF THE HOUSE DELEGATES.               167

Which was read, and
On motion of Mr. Smith of Carroll,

The message of the Executive was ordered to be put on the
Journal..

STATE OF MARYLAND,

Executive Department,

 Annapolis, January 30, 1856.

To the House of Delegates:

In compliance with an order of the House of Delegates of the
22d inst., requesting the Governor "to furnish the House with the
petitions, recommendations and reasons which influenced his de-
cision in granting a nolle prosequi in the case of the State of Mary-
land vs. Wm. Kernan, indicted at the September term 1854 of the
Circuit Court for Carroll county for the wilful murder of Aloysius
Leuber," I have the honor to transmit copies of all the official
papers embraced by the order and to state briefly the reasons upon
which Executive clemency was granted in the case.

The parties connected with the sad occurrence, referred to in
the order, to wit: Aloysius Leuber, the deceased, and William
Kernan indicted for murder, were both mere youths and fel-
low students of Calvert College in Carroll county in this State.

It seems that on some holyday occasion, in the month of
July 1854, these boys with a number of other students of the Col-
ege, were on an excursion of pleasure, by permission of the Fac-
ulty. On this occasion, as I am informed, a friendly contest arose
(without the exhibition of any ill feeling) about the possession of a
gun, which most unfortunately happened to be in the possession of
one of the parties on this occasion. Kernan having obtained pos-
session of the gun, was observed to lower the gun, making use of
the expression, supposed to be in jest "I'll shoot you." To the
surprise and consternation of all present the gun discharged its load
upon the person of young Leuber, causing his death in the course
of a few hours. Kernan was so shocked at the occurrence and
overwhelmed with agony at what he had done, that I am told, the
sympathy of all who were witnesses of this melancholy affair, was
almost as much excited, in behalf of the survivors, as for the un-
fortunate youth, who had just met such a distressing and untimely
fate.

On the day after the death of young Leuber, a coroner's inquest
was held upon the body of the deceased, and the jury unani-
mously found that the killing was caused "by the careless and
unintentional discharge of a gun loaded with shot which entered
and passed through the base of the skull and lodged in the brain."

The House will find upon an examination of the petitions and