The Camden journal. [volume] (Camden, S.C.) 1866-1891, 1882-03-23
TO be Hanged. :

10 DS AdbSS1'
Despite the efforts made by Capt
T. II, Clarke, counsel for James j.
Clvburn, for Communication Of the
death sentence of the prisoner to i'm
prisoSment fol, life in the peniten'
ttiary, the Governor has refused tc
: a. sl.e neEtlttii9n and assigns tht
following reagon9p:
: onahe 10th day a July 81, James, J. ely.
harrr-I;yiug in adultS'y "':-.I;i--..7ieorp, -.
shot and kf1ied h1r.xs n X ksEseEn:s = >sSsSnad
of Ella. Clyburn is not 81 years old: ElsS<,
Sheorn was 20 years old, and Ella Sheorn
II or IS.
1t is unnecessary to repeat the details of
the homicide a jury in the court below
declared it to be murder. In his report of
the case on appeal The circuit judge said:
Tie case was presented 10 the jury with
conspicuous zeal aud clcquenCe by the coun-
sci engaged in it. the result c: cause
which excited the profoundcst interest in
the public mind, as announced in the ver-
diet 0. the jury, met in the fullest degree
my hearty approval" The Supreme Court
has dismissed the appeal. and the prisoner
is sentenced to undergo the extreme penal
ty Of the aw two days hence.
4 petition signed by the jury and over
2G0 Of The most respectable citizens Of Ker-
County is before the Executive, that the
sentence of the Court be coE.mutcd TO i'm
prisonment for life. Tie prayer Of the pc
i;tion Is based upon the youth Of Ciybarn.
the services Of his father inthe late war,
and the distress of bis widowed mother.
The petition was referred 10 the prose,
cutting solicitor, with request for statc>
mcut of facts aud expression Of opinion
He was also asked what mitigating circum
stances, ii any there were, beyond those
stated in the petition. He in reply, en-
closed the full testimony taken on the trial,
and said This case Gas attracted wide
srread attention, and in every aspect l.a.
been thoroughly scrulinizea by the Courts,
the lawyers and laymcn, and have heard.
but one verdict After a careful resurvey-
of all the Incidents attending the tragedy.
The trial and the appeal. and re examina
ton of the testimony, / an unable to recall
or discover cne single mitigating circum-
stance, or 10 regard this crime as any other
than murder"
All the papers in the ease we're then sub
mi,ted to the Judge presiding at The trial,
and were returned with tins endorsement:
I'm response 10 your Exce,lCncy's request
for such remarks and expressions of opinion
as will aid the Executive in arriving at
lust conclusion in this matter, have TO
say that whilst would not in any wise
obstruct the exercise of clemency 50 ear
nestly prayed for in this petition and the
letters accompanying it, | am unable to
give any reasons, ju9ictGtlH, why the same
should bc promoted and must assume
that the reference TO me is for this and 10
other purpose The trial of the prisoner
vas. in all respects, fair. and the vcrdic' OF
the jury was fully sustained by the eVi'
dence."
| have carefully examined the official re-
port Of the testimony taken on the trial,
and have attentively heard the earnest ap-
peal Of the counsel for the prisoner made
before me. have auxiously considered
the action Of the jury in finding the verdict
and in signing the petition, as wei ns the
respective reports Of the solicitor and pre-
siding judge, made upon their responsl.
biiiy.
] aln unable TO sle any ground upon
which tie prayer Of the petition can he
granted. 1t is painful TO me personally to
come to this conclusion. The father Of
this unfortunate young man served and fell
under my immediate command in the late
war. Among the living of his name and
blood are those also who were then trusted
and gallant comrades and who are now
houored fricpGs. OF his mother / cannot
speak. God help her! The Executive is
vested With the prerogatjve of mercy, but
it is likewise his duty 10 see the law en-
forced. He cannot exrunge 1t from. the
statute book. This case, as ii is maze to
appear to ne is unrelcyed murder ana
sentence cannot he cowrnutcd un'ess the
penalty of death is no longer to attend the
crime. Considering, however, the una