The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1876-08-16
The State VS.. Jerry COlcman-Murder.

The State VS.. Jerry Coleman-Murder.
The defendant. Jerry Coleman, wss
tried aud convicted of Murder ut the
June (lS73) term of court for AbbeVilie
county, and sentenced to be hung In
February, 1874. A motion for a new
trial was made and refused by his
Honor Judge Cooke, and an appeal
therefrom was taken to the supreme
court. A new trial was granted, and,
at the October (1875) term, a second
trial took place, which resulted in a
second verdict of guilty of murder.
A motion for a new trial was again
made and refused by the circuit Judge,
and an appeal Vas again taken to the
supreme court.
The supreme court refused q new
trial upon this appeal, and the defend
ant was sentenced to be hung on the
2sth day of June, 1876. Two days
previous to that day the case was pre-
scented to me for executive clemency
by Colonel Thomas Thomson, the
able and devoted counsel of the de-
fendent, Finding it impossible to full
ly examine the case or to obtain the
views of the presiding judge before
the day fixed for the execution of the
sentence, 1 granted q reprieve until
the 18th day of August, 1876, and in
the meantime I have endeavored to
examine the case with care, and hove
likewise submitted it again to the
views of his Honor Judge Cooke.
The case is remarkable in several re-
spects-in the length of time it has
Occupied, in the zeal and ability dis
| played by defendants counsel, and in
the fact that two juries selected by the
| defendant under all privileges of chal-
lenge allowed by the law, have rem
dered a verdict of guilty of murder.
The petitions presented to me for a
Communication of sentence do not state
any grounds for executive clemency,
but simply ask it. Mr.. Solicitor
Blythe has placed the following en-
dorsement on the petition:
"GREENVILLE, s. c., June 9, 1878.
II have no doubt but thatSthe evil
dence detailed upon the stand was
sufficient to support the finding of the
jury. The only doubt / ever had
arose from the fact that all the wit
nesses who were present when the
killing occurred were friends of the
deceased, and had taken some part in
the previous quarrel, and there were
some evidences that their testimony
was not wholly unbiased. My opin-
ion is that it was not unbiased. /
simply state this fact for what it is
worth without recommendation"
His Honor Judge Cooke, to whom
the whole case was referred for his
| odyioa %renortad "a follows:
II have given Jerry Coleman's case
the benefit of my best judgment, not
unswayed by emotions of sorrow for
his sad state, and find no reason to
change my previous judgment of his
case. I regret to say that, to my
mind, he was properly convicted OF
murder and should suffer the extreme
| penalty of the law. I have endeavor-
ed to divest myself of all feeling, ex-
cept sorrow for his fate, and in the con-
scientious discharge of the high trust
reposed in me, I cannot join with 9TH
ers in recommending that the death
penalty in his case be commuted to
imprisonment for life."
recognize the power Of the COVER
nor to follow his own judgment in all
cases of applications for pardon and
to disregard the voices of judges and
LURES, but certainly in such a case he
should feel sure of the correctness of
his Judgment and be able to render
sufficient reasons to the world for his
action. In this spirit I have examin-
ed this case.
The entire evidence at the last trial
of the case has been laid before me,
and I have read it with great care.
The defense offered no testimony, and
it is my conscientious conviction that
the evidence tor the state not only
warranted the verdict rendered but
demanded it. T see no ingredient OF
the crime of murder which was alb
sent in this case. I see no general rea'
son for executive clemency, outside Of
the law and evidence, which do not
ordinarily present themselves in SINH
lar cases. The law of the state affixes
the penalty Of death to the crime OF
wilful murder. Judges and juries are
the apyointed agents for a~scertaining
the authors of crime as we'll as the ma
ture and degree of the crime. The
province of the governor Is to see thai
the laws are faithfully executed In
mercy" l have looked into this case
as I always do, a~nxiously for a ground
on which to show mercy while faith
fully executing the laws. Like the
Judge and the juries who tried the
case, I cannot find such a ground
and, therefore, I am compelled to al
low the sentence of the law to be exc
cuted.
D.. H. CHAMBERLAIN,
Governor of South Carolina.