Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1875-12-02
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PARDON OF WALKER AND BLAKE.

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PARDON OF WALKER AND BLAKE.
The State against Dublin J. Walker and Henry
Blake.-Conspiracy to cheat and defraud.
On the 18th of October last, this case was
submitted to me on an application for the par
don of the defendants. I then reviewed the
case fully and announced that found myself
unable to reach the conclusion that the yer.
dict was not warranted by the law and the
facts" I further stated at that time that
saw nothing in the case as presented to me
outside of the evidence in the trial which call
ed for the exercise of executive clemency, ex-
cepting the request of the presiding judge and
the jury that I should change the sentence of
the court to imprisonment in the county Jail,
a request which I then granted.
The case is now again presented to me by
the presiding judge in an official communica.
ton, in which he informs me that upon legal
grounds, which are duly set forth, he now re-
commends and earnestly asks that the defen-
dants be pardoned. The facts adduced to sup
port this recommendation are contained in
affidavits of B. G.. Yocom, county treasurer
of Chester county, and F. B. Lloyd, county
school commissioner for Chester county. The
affidavit of B. G. Yocom states that during
the month of December, 1874, the defendant,
Walker, who had previously resigned his Of:
fee as school commissioner, visited deponent's
Office with one S. McCluney, and stated to de.
ponent that be (Walker) was going to sign
pay certificate for the said McCluney for SER
vices rendered as teacher while he (Walker)
was school commissioner; that upon depo'
nent expressing his doubts as to Walkers le-
gal authority to doso, Walker said he thought
he had authority to do 80, and that he had
been advised by his successor in Office, F. B.
Lloyd, and that he would 60 again and con-
suit Lloyd; that deponent mentioned these
facts recently to Judge Mackey in casual
conversation that deponent now makes his
oath to these facts in the interest of justice,
upon being informed that they constitute le.
gal grounds favorable to Walker.
The affidavit of F. B. Lloyd states that,
soon after the resignation of Walker, depo-
nent had q conversation with him, in which
deponent Informed Walker that deponent
could not issue certificates for services render
ed prior to deponent's term of Office, but that
it was the duty of Walker to doso; that subse-
quently, upon taking legal advice, deponent
did issue to the said S. McCluney, mentioned
in the affidavit of B. G.. Yocom, certificates
for services rendered during Walkers term of
office, and that other valid claims for services
rendered during Walkers term of Office are
now outstanding, for which no certificates
have ever been issued, owing to Walkers neg
ligence that deponent was called as witness
on the trial of Walker to prove certain re-
cords of his Office, but was not questioned as
to this conversation with Walker by defen-
dant's counsel that he now makes this afi.
davit on being informed that the facts therein
are material to the defense of
Walker.
His honor Judge Mackey, in presenting the
case, at the present time, states that Walkers
defense consisted in the claim that he signed
the certificate named in the indictment, be-
lieving the statement Of Michael that the
original certificate issued to him (MichaeD in
1871 was lost, and for the further reason that
the certificate, when presented to him, had
been signed by the school trustees that he
believed he had right to issue certificates for
services rendered while he was school com.
missioner. Judge Mackey then proceeds to
say that the evidence as to the fact of Micha-
els teaching was conflicting, there being some
testimony that he taught short time in Geth.
semane township; that while he had no legal
authority to issue the certificate in question,
yet if he believed he had such authority, and
that Michael was actually entitled to it, the
criminal intent would be wanting; that upon
evidence now furnished by the afidavits Of B.
G. Yocom and F. B. Lloyd, showing conclu-
sively that Walker did openly claim the right
to sign certificates after the expiration Of his
term of Office, and that he was so advised by
his successor, Lloyd, he is now convinced that
Walker did believe that he had the authori-
ty to issue teachers certificates after he had
ceased to be school commissioner that he has
implicit confidence in the statements Of Yo-
cum and Lloyd, neither of whom can be sus-
pected of being influenced by friendship for
Walker.
Judge Mackey then says: "The above
stated facts, Gin the affidavits Of Yocum and
Lloyd) would have been material evidence in
Walkers favor on his trial, especially as l
charged the jury that the mere fact of sign
ing teachers pay certificate as school COM
missioner, after he had for considerable time
ceased to be school commissioner, was badge
of fraud, and imposed on the defendant the
burden of proving, beyond a reasonable doubt
hat he acted in good faith in so signing
In my Judgment" Judge Mackey continues,
IF these facts had been disclosed on the trial,
The Jury would not have rendered a verdict Of
guilty, nor should I have regarded the whole
evidence as warranting such verdict. l
would, most certainly have ordered a new
rial, of my own motion, had been informed
If these facts before the sentence was pro-
The acting solicitor of the circuit, who
prosecuted the case, says that upon reviewing
he case in the light ofthe facts now presented,
,e recommends the pardon. Messrs. S. j.
Couch, W. A. Walker and Charles S. Brice,
If the Chester bar, say "In view of the aft.
lavits of B. G. Yocom and F. B. Lloyd,
which raise the reasonable presumption that
Dublin Walker and Henry Blake signed the
which they were convicted for issu-
ng under the belief that they had the author
ty to sign it, we respectfully solicit their par
lon upon the legal grounds therein set forth"
The case, as thus presented, has occasioned
ne much difficulty. There are circumstances
which make pardon at this time an act
which I might wish to avoid; but here, as in
Eases where the embarrassment proceeds from
eluctance to refuse pardon, conclude that