Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1857-03-19
The Governors Decision in the
Case Of James Sum Eons.

l he NOEcTnOT OSC.Siuu III tuc
Case of james Summon
Exercising the power vested in me, by
the Constitution of the Stale. to grant re-
prieves. combinations and pardons, | have
decided, alter mature reflection. TO COM
mute the penalty OF death adiudged against
James Summons, bv the Supreme Court OF
Ohio. to that OF imprisonment in the Peni-
teniiary for Lie.
Ia Jul, ls49. the prisoner was arrIigned
upon two indictments, each OF which charg-
eG the same criminal faot. The crime al
legged gainst him was murder in the first
degree, committed by poisoning, with ar
sensic, the tea of which his mother, his
father, and other relatives, were expected to
par.ake at their evening meal,-of which
they did n, fact partake, and from the effects
of which two members of the family died.
The chief witness against him was the
servant girl, who prepared the tea; and it is
conceded on every hand that without her
testimony no conviction could have been
had.
tried in May, 1850, wheL, after an investi-
CATION and argument. extended through
seven days the jury failed to agree, and
was discharged.
He was again put on trial before another
Jury. and again, on The first of June, 1850,
after ten days devoted to the examination,
the jury Jailed to agree, and was again dis
charged.
At these two trials the servant girl, Mary
Clinch, appeared and testified. Before the
third trial she died.
In April, 1851, the prisoner was tried for
the third time. The testimony of Mary
Clnch was supplied by witness, who un-
dertook TO give it from memory, aided by
notes taken at the former trials. The jury
again disagreed, and was again discharged.
In April, 1852, the foult trial took place.
The testimony of Mary Clinch was supplied
in the same manner as before. The trial
resulted in conviction, and sentence Of death
was pronounced ipon the prisoner, TO be
executed on the third of February, ls53.--
The verdict of the jury was accompanied By
a Recommendation to Executive clemency.
From this sentence an appeal was taken
BY writ Of Error, to the Supreme Court of
the State: and execution was suspended un-
til final hearing and order. The ground of
reversal. mainly relied upon, was the alle-
CATION that the District Court erred in per-
mitting the testimony of Mary Clinch to be
given to the jury from memory, by any wit
ness. and especially by the actual witness
in this case no was alleged to be legally
incompetent.
The grave and important questions thus
presented to the Court, have undergone re-
peated discussions, during the period of
nearly FIVE years which has elapsed since
the conviction.
During that period, four of the FIVE Judges
who occupied seats upon the Supreme
Bench at its commence ment, have resigned
and have been succeeded by others.
BY the Court, as formerly constituted, and
by the Court as now constituted. these ques-
'ion< have been onx:ouslv and critically
considered, and always without arriving at
unanimous decision.
Twice, have been informed, has ma
iorty of the Court determined to reverse the
judgment against the prisoner; twice has
this determination been recalled; and finally,
by majority of four Judges, and against
the earnest dissent of ono, the sentence has
been affirmed.
During all this time the prisoner has
steadfastly protested his innocence; and
his father and his mother, who par.ook OF
the poisoned beverage, but survived, col
emnly declare their firm BELIEF that he never
committed the crime alleged against him.
1t is represented to me by officers and
citizens of Hamilton county, whose state
ments command my implicit credence, and
especially by the late Coroner of the courty
and by the physician of the Jail. that the in
tellect and the general health of the upfor-
tunais prisoner have been so seriously i'm
paired by frequent attacks of epilepsy, as
well as bv former vicious habits, that he is
incapable of properly comprshending the
awful mature of his present circumstances;
if, indeed, he can now be fairly regarded as
an accountable being.
Considering these facts, and in view of
the doubts entertained by many in respect
TO the Justice of the original verdict, and the
correctness Of the final adjudication-doubts
which TIE frequent disagreements of juries,
snd the constant divisions Of Courts may,
at least. excuse-I could not pardon myself
for refusing tc exercise the power, which
the Constitution and the people have confer
red upon me, of averting from this prisoner
the1extreme penalty of death; from his father,
mother and child, the agony of such be-
reavemeut; and from society, the evil inf1u
ences of spectacle so dreadful as the ex-
ecution of such man under such cIrcum-
stances.
In this decision, which my views of puo-
tic duty would exact from me in whatever
state Of general opinion, it gives me great
satisfaction TO find myself sustained by the
concurrent Recommendations Of all the
Judges who constituted the District Court
at the time of his conviction; of the Sena-
tors and Representatives from the county of
Hamilton; of the officers connected with its
local administration; of respected Judges of
the Suprems Court and of the Court of Com
mon Pleas: and of many other citizens,
whose soundness of judgment and purity of
intention 10 not permit me 10 doubt the
correctness of a conclusion 60 sanctioned
and so supported.
COLUMBUS, March 10, 1857.
CORONER CoNNERY IMPEACHED.-Coroner