The herald and news. (Newberry S.C.) 1903-1937, January 10, 1911, Page NINE, Image 9
IRA'NKLEVS SIENTENCE C0' k1X17ED'
Governor Saves Orangeburg Negro
From Gallows.-Convicted of
illing Constable.
Columbia, January 5.-Pink Frank
lin will spend the remainder of his
days in the State penitentiary. The
sentence of death imposed upon the
negro in the Orangeburg county court,
in 1907, was late today commuted to
life imprisonment by Governor Ansel.
This action follows the filing of peti
tions asking executive clemency from
more than a score of counties and
signed by several hundred persons.
'There were a number of petitions pro
testing against a pardon or commuta
tion.
Franklin was convicted of the mur
der of H. E. Valentine, a constable,
and he was to have been hanged on
December 23. Several weeks ago Gov
nor Ansel granted a respite to the
negro until January 27. The case was
decided. by Governor Ansel independ
ently of a review by the State board
of pardons.
To U. S. Supreme Court.
Following the conviction of the
negro in Orangeburg county, an ap
peal was taken to the South Carolina
supreme court, where the judgmen't of
the lower court was affirmed. The
case was next appealed, on a writ of
error, to the United States supreme
court, but there being no federal ques
tion involved, the appeal was dismiss
ed. Until several months ago the
case of Franklin was handled by two
negro lawyers, Moorer & Adams.
ghite appeal had been dismiss
ed by the United States supreme court,
the case came back to the State su
preme court. An order was issued for
the Orangeburg court to assign a day
for the execution of Franklin. In the
meantime a new trial was asked in the
Orangeburg county court, on the
grounds of after discovered evidence.
-The neO(trial was refused and again
the case came before the State su
preme court. While this appeal was 1
pending, it was decided to abandon the
cause and ask that Governor Ansel
mmute the seltence of Franklin. It
Is that petition that Governor Ansel'
ated on.
Carefully Considered.
"Iaegvnagetda ofthut
tthis ppiainndtelawinov
ed- in the case," says Governor Ansel
in commuting the sentence..
In 190? a warrant was issed in
'rangebuirg county for the arrest of
IPink Franklin, on the charge of vio
ating an agricultural oontract. The
warrant was issued by one of the mag
istrates of that county. The dlate of the
warrant was May 25, 1907. H. E. Valen
tine was appointed as a special con
stable t-, execute the warrant. He did
not 'ittempt to make the arrest until
the mnornin'g of July 29, 1907, over six
ty days aftel it had been issued.
Franklin, at that time, was living on
the land of a Mr."Spires.
"I amn satisfied that the warrant was
a lawful one at that time, as the act of
the legislature under which this war
rant was Issued had not then been de
clared unconstitutional." This. com
ment is made by. Governor Rnsel.
Not Apprised' of Missioni.
According to the testimony, H. E.
Valentine took with him W. M. Carter
to asist in serving the warrant. They
'went ,to the ho'use of Franklin "about
daylight" on the morning of July 29,
1907. Mr. Carter testified that they
knocked at the door and called, but
got no answer. "They did not state
who they were or that they had a war-I
r.nt or what their mission was," says
'Governor Ansel, in the commutationl.I
Mr. Carter went to the re,%'f the
hose, and Mr. Valentinefat in the
front door. The firing began, several
hots being fired c'cose together.. Dur
ing the difficulty that ensued :Mr. Val
entine was mortally wounded; Mr. Car
ter, Franklin and the latter's wife re
eivig- nesh wVounds.
In the commutation, Governor Ansel
tes that Judge J. C. Klugh, who
eard the case, requested executive.
lemency. He also states that Solici
r P.'T. Hildebrand had been before
in, and contended that the sentence
hould not be interfered with.
Thus ends one of South Carolina's
mnost celebrated criminal cases of re
ent years.
.YOUTHFUL BANDITS.
Xob Hotel Clerk aud Giuests, Are Cap
tured and Shoot Down
, Offieer.
Duluth, Minn., Jan. 6.-William Muz
zary, 20 years old, and Algot Jack
-sn discharged bell boy and night por
er, respectively, of the Hotel McaKy,
early today held up;srobbed and shot
at the night clerk.
Both were arrested and placed on a
reet car after a chase through the
terstate bridge district and while
ig taken back to the city, asked
bthey be allowed to go inside the
ar. The request was granted. One
- . . . I' -
L.
caped the notice of Policeman Harry
Chesmore, who had made the arrest,
opened fire on the officer and killed
him. He was shot twice in the lungs
and once in the forehead. The rob
bers then held up the passengers and
crew of the street car and at 6.30 a.
m. made good their escape over the
Northern railroad bridg% it is believ
ed
Made Good Escape.
Up to 10 a. m. 'the two bandits had
evaded the police and citizens, a large
crowd of the latter having joined in
the hunt. Automobiles, motor cycles
and the entire police force followed
the robbers into the sawmill district,
where the robbers are believed to be.
Out on the ice of St. oLuis bay police
men have beenstationed to prevent an
escape into Wisconsin.
As the bandits are armed, it is
thought that when their place of con
cealment is discovered there possibly
will be a revolver battle.
"Hold Up Your Hands."
The two boys entered the hotel
6bout 3.45 o'clock this morning. Clar
ence Stubsted, the night clerk, and
Charles Feasted were standing beside
the desk.
"Hold up your hands!" shouted one
of the boys, pointing a revolver.
The Hands Went Up.
The clerk and porter thought the
boys were joking. To show that they
were in earnest, one of the boys fired
a shot through the floor near the desk
and the clerk and porter put their
hands up.
Tied 'Em Up.
The youth then marched them~into
the dining room and ordered them to
stand up against the large iron post
in the middle of the room. While one
of the boys covered the two men with
the revolver the other hastily gathered
some table linen and tied their hands
to the post above their heads.
Got the Chsh.
The boys then returned\to the deski
and went through the cash register,
taking about $50 in ;.sh, and made
their escape.
The two men were later released by
a rubber frPm the?, bath parlors in the
basement and they. then gave the
alaVm.
NEEDED BREAD, SOLDJVOTES
Pitiful Stories Told in Ohio Election
Corruption, Probe.
West UJnion, Ohio, ;Jan. 7.--Footsore,
ragged, half-starved, and weary, three
middle-aged :men, one a cripple, ap
peared in common pleas court today
to acknowledge their guilt of vote
selling. They had 'walked by the light
of lanterns *rom Rockville, twenty-five
miles distant, to tell Judge Blair that
they had sold their votes last Novem
ber in order to get money to provide
food for their families.
The story of the three, John Richter,
Page Cook and Asbury .Cooper, excited
the pity of the court, who gave them
a month to pay $5 fines imposed, and
disfranchised them for five years.
The grand jury today, after report
ing forty-five new indictments, recess
ed until Wednesday 'to 'enable the
members i:o attend to priva.te business
affairs, neglected for several weeks.
Judge Blair believes that certa.in
workers are withholding so:me nanmes
from the grand jury. A leader'- in
Monroe township, who, on two pre
vious visits, could give but a f ew
names, today reappeared with a list of
twenty-five, new ones. All of th-ese
men, he said, had been bought by him
last fall, at a price ranging from $5
to $15.
Every male elector in Billtown
township has been disfranchised, and
only women ar.e Qualified to vote at
the next election for school trustees,
and none but w~omen will be eligible
to hold the office of trustee.
For the first time in the history of
women's suffrage not a man will step
to the -bklot-box to compete 'with 'wo
men voters. Three women have al
ready announced themselves as candi
dates for trusteeships..
The probe has finished its third
week, and the results total 1,641 in
dictments. Of this number 1,350 have
been fined and disfranchised. Ninety
men today received fines and disfran
chisements.
HOUSE OF 433 SEENS CERTAINI
Plan Tentatively Favored Would Pire.
et Loss of Representation in
Congress by Any State.
Washingtdn, Jan. 6.-Congressionlal
Ireapportionment under the new cen
sus figures, so as to increase the mem
erhip of the house to 433, was .the
plan tentatively favored by the house
ommittee on census at a meeting to
day This figure would protect each
tate from diminished numerical rep
r esentaton, and is exclusive of Ari
ona and New Mexico.
The apportionment bill, introduced
by Chairman Crumpacker today, fixes
the memebrahip of the house at 433.
"P'-' ~ - * '"~'~ ~ ~ ft
~
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Capital
Surplus
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and
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tiesubject will be taken up. Jones C
Proposed ApportionmIfeIt. Columbia, JTa
The apportionment of -the memiber- .tant cases wil
'sip of the house amongst the vaTious supreme couri
Sates, under the proposed arrange- appeals -from
ments, will be as .follows: heard., The ci
Alabama, 10; Arkansas, 7; Califor- wealthy Unio:
na, 11; Colorado, 4; Connecticut, 5; was ' sentenced
Ifelaware, 1; Flo.rida, 4; Geor'ia, 12; for wife murd
~Iaiio, 2; llinois, 27; Indiana, 13; fore the supre
I Iwa, 11; Kansas, 8; Kent'ucky, 11; has been affir
Louisiana, 8; Maine, 4; Maryland, 6; court, and thi:
Massachusetts, 163; Michigan, 13; Min- order of Judg
nesota, 10; Mississippi, 8; Missouri, new tri'al on 1
16; Montana, 2; Nebraska, 8; Nevada, covered evidet
1; New Hampshire, 2; New Jersey, 12;
New York, 43; North Carolina, 10;
North Dakota. 3; Ohio, 22; Oklahoma,BsoTegr
8; Oregon, 3; Pennsylvamai, 36; Rhode H-Iws
Island, 3; South Carolina, 7; South trae-;I wsh
Dakota, 3; Tennessee, 10; Texas, 18; trael;IWold
Utah, 2; Vermont, 2; Virginia,. 10;, b-Wud
Wshinlgton., 5; West Virginia, 6; Wis-'
mosin, 11; Wyoming, 1.
Gains by States. All persons
This represents an increase over the executhion to
present mexjbership in the house as pil tei tlce
follows: Alabama, Colorado, Florida, Whei en plae
Georgia, Idaho, Louisiana, Minnesota, seif6 e
Michigan, Montana, North -Dakota,
Ohio, Rhode Islaud, Oregon, South Da
kota, Utah and West Virginia, one
ach; Illinois, Massachusetts, New NOTICE DIS
Jersey, Texas and Washington, 2 each;
a .Clifornia and Oklahoma, 3 each; The partner
Pennsylvania, 4. and New Yor~k, 6. law, heretofor
A majority of the members of the L Blease and
~~~ tY an of annor- der tbh' firm
)mnercial
. e - $50,
. . - $65,
ERVIC]
make it a point that ei
ness transaction with
-ons shall be'satisfact
want each one to feell
is free'to come to us i
ters where our experi
advice will be of value
stance.
Vhen we. speak of the."
rendered to custor
mean the best service
:you reasonably expect f
If
r bank. Our serviceinclh
mdr-ed and one little det
f which go to make of
-ns, "satisfied customer
you have had no busia
i this. bank, we feel cc
t you will appreciate
ice we can render.
res. 0. k Mayor, Y.-res. J. Y
hat Always Treat~
ase, from Union. [cn nt
~. 7.-Several impor-~l ate u h
Ibe argued before the mk rmtpye
next week, when the.DilC~wowl
the 7th circuit will be
se of W. T. Jones, theCle
1 county farmer, whoFrd
to life imprisonment
er, will again come be
me court. The verdict
med by the supreme ASSMN FP
; is an appeal from an ET O IC
i Grber in refusing a
he ground of after-dis- Iio an uhrie
ce.fo th pup eoft
mbiguous.NebryJauy
[ had money enough to Knrs ensa
.ldn't be here.Whmie Turd
PoAll ia,rtesdeyth
areherbynotfie t a ke prmptle pTymes
instthoe wo hve o mabink, horida1y,
I nthehand of te an his professi.
ruar 1st Litlean u nain, 191
ESTY Lukes FiSCy,
SOLUTON OFFART- Lm hores ae
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