One issue that had dominated Rice's race against Gaston in 1875 concerned the juvenile murderer Jesse Pomeroy. Pomeroy, then fourteen years old, had been convicted in December 1874 of first degree murder for killing a girl earlier that year, and had been sentenced to death. There was public clamor favoring his execution, especially after he attempted to escape from prison. Gaston, despite two rulings by the Governor's Council that clemency be denied, refused to sign the execution order, an unpopular move that probably cost him votes. Rice also refused to sign the execution order, but his Council eventually recommended commutation of Pomeroy's sentence to life in solitary confinement.