The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1874-06-25
have been convicted of one offence since par

II has ALWAYS been q custom with the Gov
ernors of South Carolina, before pardoning a
convict. to apply for information regarding his
case to the attorney who prosecuted him or the
Judge before whom be was tried MAJ. Buttz
states that Moses has never consulted nm IN
relation to his pardons, and has only spoken
with the Judges on one or two OCCASIONS
Among the criminals who have recently expe-
rienced the clemency Of the Governor, was one
James Gallagher, convicted OF kidnapping, ana
sentenced upon the best OF evidence TO nVe
years imprisonment. He was pardoned Oh
application of Judge Tom Mackey, who stated
tbat he was an active politician. Another case
is that of Samuel Fraser, an officer IN the negro
militia. He was convicted on five counts, OF
forgery, and sentenced to five years imprison-
ment. Moses pardoned him, as ne told a
friend. because ne was "a good political nlg-
ger" An Israelite named Rosa Zacharlas,
Convicted of breach of the peace. and oft-re-
peated gross misconduct was lmmedlateiy
pardoned upon application OF HeDrew lfleno
of the Governor.
CHARACTER OF THE MEN WHO ESCAPE PUN
IsHMENT.
The most remarkable misuse of the pardon
ing power by Moses, however, and perhaps the
stranoest story of executive clemency on re-
cord, is to be found in the case OF man named
BENJAMIN Hernandez, an old resident OF
Charleston, who, after having defed the law
for wears, was convicted and sentenced to jail
for two years for obtaining money by threat
and under false pretences. At the time OF his
conviction there we're no less than seven other
indictments hanging over him. One OF them
was for assault with intent to kill. The lawyer
who defended him took an appeal from the
IL. k1>o%o foH
Supreme Court of the State. Pending this
anpeal Hernandez committed various other
offences. Soon after the Inauguration of Moses
as Governor he visited Charleston, and while
staying at the house of Gen. William Gurney,
the present county treasurer sent for Herman
dez and gave him to understand that the pro-
lection Of the Executive would always be with
him. no matter what he might do, and at the
same time, with his own hand, prepared and
delivered to him the following commission,
written on small piece of note paper:
EXECUTIVE DEPARTMENT
OF SOUTH CAROLINA.
BENJAMIN Hernandez is hereby appointed
one of the State Constables, with the pay OF
seyenty-fve dollars a month, to hold Office
F. J. Moses, JR.,
Governor of South Carolina.
The law authorizing the appointment OF
State constables had been abolished before this
time as was known to both the Governor and
Hernandez. This being the case, it was un-
derstood that the commission was given tor
political purposes only, and that no pay was to
attach to the Office. Notwithstanding this,
however, Hernandez applied to the Governor
for none, and for several months received the
salary named in the commission. Finally,
having no further use for the fellow, Moses
instructed his servants not to admit him to his
Office. Hernandez, on going to the State
House at Columbia was, therefore, informed
that the Governor could not see him. Becom-
ing enraged at this he knocked the usher down
with great violence, and was proceeding to
commit other outrages when the police rushed
in and arrested him. He had not been in the
station house five minutes, however, when
Moses caused his release, and sent him an
order on the contingent fund for six hundred
dollars. Having no confidence in the order or
the fund, Hernandez sent the Governor word
that he must have six hundred dollars in
money or he would horsewhip him before he
left Columbia. Upon this Moses gave him q
letter to Gen. William Gurney, of Charleston
requesting that gentleman to pay the desperate
the money he asked AS is further stated by
Mai. Buttz Moses had already received large
sums of money from Gurney, and also his in
dorsement to note for $4,000, which was
afterward allowed to go to protest. This being
the case, Gorney refused to pay the six hun
dred dollars demanded. HERNANDEZ swore that
he would be reyenged, and, few evenings after
on meeting Gurney at a political convention
said he would not allow him to deliver any
speech to the delegates until he had paid him
six hundred dollars Upon this few hot
words ensued, and Hernandez drew pistol
and was about to fire on his opponent when he
was seized, disarmed, and taken to Jail. For
this ofense he was convicted, sentenced to
three years imprisonment in the Penltentlary
and sent to serve out his term on this charge
and also on the previous conviction for two
years. The convict had not long been in the
State prison, however, when his friend, Gov
Moses, telcgraphed to the solicitor, Buttz, to
come up to the Capital. Upon his arrival the
Governor very coolly asked him to consent tc
the pardon of Hernandez. Buttz not only re-
fused to do so, but sent to the sheriff of Rich
land County, and keeper of the Penitentiary
seven bench warrants against Hernandez III
the several indictments pending against him
in the courts of Charleston. He also filed 6
written protest against the pardon, signed by
Gen. Gurney, the county treasurer; General
Worthington, the collector of the port anG
Mr.. Bowen, the sheriff of Charleston. The
Governor still urged the solicitor to consent tc
the pardon, saying that he wished to grant il
to oblge George F. Mcintyre, one of the State
Senators, and publisher of a paper, which
every week charged Moses with rape, seduction
and theft The solicitor still refused, wher
Moses assured him that the party would bt
much benefited by the pardon of Hernandez
and that if he were allowed to 60 free, Mcln
would support him in the Fall campaign
Major Buttz here intimated to the Governor
that as Mcintyre had charged him in oper
print with so many terrible crimes, it woule
not look we'll in the eyes of the public to d.
anything at his request. After some though
Moses assented to this, and gave his word o
honor that he would not issue the pardon
The solicitor, satisfied with this promise, re
turned to Charleston, and two days aftcrware