Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1853-06-01
The Pardoniag POWER.

ing power in the several cases mentioned.
1t will be recollected that the Executive
had previously given his reasons for COM
mutiug the sentence OF Jordan Hatcher ::
EXECUTIVE DEPARTMFNr.l
February 10Th, 1853.
To Me General assembly
Fhe. Constitution of The State gives the
Governor the power to grant reprieves
and pardons after conviction aud to COM
mute capital punishment, but requires
him 10 communicate to the General As
sembly at each session, the particulars Of
every ease of reprieve or pardon granted
and of punishment committed, with his
reasons for granting or committing the
same.
In the exercise of this authority have
deemed the cases hereafter stated as pro-
per for the interposition of Executive Gle
mency.
On the 2tst of June, last, a petition
was presented for the pardon of Austin
Cummins. who had been sentenced by the
Circuit Court of the county of Monroe, to
FIVE years imprisonment in the penitentia.
ry for the crime of burglary. With the
Petition was the statement of his attend
ing physician, showing satisfactorily that
tl:e prisoners health was such that he
could not be removed without endanger-
ing his health, and that confinement in
this situation would result in his dcath.-i
For this reason the prisoner was set ut IL
berty.
In the year I947, Albert Burr, charged
with larceny, was convicted by the Cir
cult Court OF the city of Richmond. and
sentenced to six years imprisonment in
the penitentiary On the 28Lh of July
last, this prisoner having served five years
was pardoned for the residue of his term,
upon the recommendation of the PreSi-
dent of the Board of Directors, and the
superintendent and surgeon of the Peni-
fentiary Tor his good conduct and for the
humanity. prudence and skill manifested
d him, wnlle attending ON the sick in the
osllul during the prevalence of the
sao'eca in The institution.
During the last year, a. j. Mellen, a
youth, WAS sentenced by the Circuit Court
OF Augusta county. to six months lmpri-
sonment in the county Jail, for an assault
with an intent to commit rape. In this
case the petition for the pardon is signed
by the Attorney for the Commonwealth,
who prosecuted the case, by many cl,i-
zens OF the immediate rcighborhood, by
most of the members Of the S!aunton bar,
nnI by the clerks and shefitfS who heard
the evidence Add 10 these the Judge
Of the Court. VINO uni in. in The petition.
states that the evidence justified q ver-
diet for AN aggravated assault, rather than
far lelonious attempt 10 commit rape.
Considering the circumstances OF The case,
the prisoners age. which was only sixteen
wears, and the testimony that he had pre-
yiously sustained good character. felt
constrained to interpoSe in his behalf. and
he was ordered to be released On the 4th
of October last.
At the May term in 1851. the Circuit
Court OF the county OF Marion sentenced
BRYAN Haverin and Thomas Burke each.
To tive years imprisonment in the peni-
Tertiary. for murder in the second degree.
The evidence proves the murder with
which the prisoners were charged, to have
been perpetrated in an atfr"y between two
.partles Ui Irishmen from different coun
ties in ireland, be ween whom a strong
feeling of hostility existed. 1t appears
that the person murdered and eleven 9TH
crs, were sleeping in cabin in the woods,
and that they were assallcd in the night
by an attacking party supposed to be
about fifty or sixty. The witnesses on
both sides were of the hostile parties
Six of these witnesses proved an abb on
the part of Haverin and Burke, and three
others proved their presence with the as
sailing party. Several OF the assaillng
party were tried and acquitted upon tes-
timony similar to that upon which these
prisoners were convicted. The petition
for the pardon of the prisoners was nu-
merously signed by citizens of the county,
by the officers oil the court, and nine of
the Jury who rendered the verdict, one of
sne residue having left the county, and
the other two the Commonwealth. There
are letters also from the Judge and Attor-
ney for the Commonwealth, both of whom
unite in the petition. Under these cir
cumstances, and in view OF the great
doubt of the guilt of the parties, as shown
by the conflicting testimony, and by the
acquittal OF others similarly situated, and
considering that they had already served
eighteen months in the peniteutiary, on
the 9th of November, last, a pardon was
granted to each.
In the spring of 1850, George Uhl was
sentenced by the Circuit Court of Wood
county, to Imprisonment in TIE penitenia la
ny for the crime of arson. The petition
in this case is signed by more than six
hundred oft citizens of his county. and
states the fact that he was convicted on
the testimony of jacob Fulk, who WAS a
convicted felon from the State OF Ohio.
and his testimony was not what he had
seen, but of the confession OF the prisoner
to acts he had committed number OF
years before The petition is accompani
ed with the testimonial of the First ASSis-
ID ~.