Asheville daily citizen. [volume] (Asheville, N.C.) 1890-1900, 1893-03-16
THIRTY YEARS IN THE PEN
wkAITSON BROTHEE&8' SEN
TENCE COM s1UTED.

tine eA,h of SHarch-x1istOry of ahe
Crime-Will VvhitsOn's Life HHIa-
tory. written by Himself
Will and Tom Whitson, brothers. who
have been in Buncombe Jail for safe keep
ing for several months. under sentence of
death for the murder of Kit BYRD in
Mitchell county, N. c., haye had their
sentence commuted to imprisonment in
the penitentiary for thirty years.
Governor Carr's reasons for the COM
mutation, as printed in the Raleigh Ne ws
and Observer of Wednesday, are as fol-
lows:
This communication IS granted fol-
lowing the laws as enacted by the recent
Legislature. viz: To divide the crime OF
murder iato two degrees and define he
same, the punishment for the second
degree being not less than two or more
than thirty years in the States prison
81 feel that prisoners sentenced to be
hanged on fixed date after this law
was enacted, should have the benefit
thereof; and 1T appearing from the rec
ommendation of the Judge w no tried the
case in the Superior court, that this
would be a case OF murder in the second
degree, if such a degree should be made
by our law, the Attorney. General, who
argued the case in the Supreme court,
recommended Communication for a term OF
years; the further fact that on the first
trial the jury could not agree, but rec
second degree. The judge refused this
verdict, as our laws at that time recog-
nized no such degree of murder and a
new trial was granted. In the second
trial the solicitor agreed to a compromise
verdict OF manslaughter. which was not
accepted by the defence"
The killing of Bvrd.
The crime for which the Wflits'ns were
sentenced was committed about ten
years ago. Three brothers, Dick. Will
and Tom Whitson, went to the distil-
lery operated by Kit Byrd and Miles
Smith one Sunday morning. for the pur-
pose of collecting money which Byrd
owed them. The men became involved
In difficulty over the settlement. and
Byrd was shot down by the Whitsons
with Winchesters The brothers fled
into the mountains of kentucky, where
they remained until their capture early
in last year. Will and Tom were trieti
and convicted, Dick having died before
the trial. The brothers were sentenced
to hang, but were respited by Governor
Holt. After Governor Carr was inaug-
urated Maj. w. H. Malone, !. &. Pritch-
ard and Congressman Bower argued for
Communication ot the sentence
While the Whitsons were in Jail here a
break was made in the prison by which
they made their esca pc from he all ward,
but were ecaptured. During the excite
nlent worked up by the faker Hyams, it
was reported that the Whitsons had been
taken from the Jail at Bakersville by
willie jail. On the oath of February the
st. Louis Chronicle printed dispatch
| stating that the brothers had been
hanged here.
VIII TvhitsOn's Life
The folio wing is copy of "a letter
written by Will Whitson while in Ashe-
vile Jail, which has been in THE CITIZEN
office since it was written:
"ASHEvILLE, n. c. De. "a. 1892.
My dear frendes Will rite you a fue
cry the 25, 1S & 61. was IL ycares
old when My father Died He Had sent
| u1e to school till 1 cud Begin to read &
spill in the Spelling Book l never got
Died & my Mother Had a weary Hard
| tim to ceap Her children from Starven to
Death. threwe the Ware the ROBBERS taken
all OF Her propety & nearley all She
Had III the House So She was not abel
to give us schoolen. So you see what a
poor orfsen Boy can com too BY haven
| no father to Help Him SO young men
| when you lose yor father YOU lose yor
Best friend you Hever Had on earth. He
will dove More for YOU & eneVOne elce
| l cane say & tell the truth my father
| was the Best friend l ever found in my
| life & now my dawes is done x for
| ever gone But cane say Bless god l feel
| that l will some meet my father in
| Heaven. L remember the lasC wordes my
| father sead to me. He cald me to His
| Beed & tuck me By the Hand & Sed
| Billey YOU must Bee good Boy & meet
me in Heaven. intend BY the power
| and grace of God to meet my father in
| Heaven My dear trends 1 cane tell YOU
| all at l am cleor of what 1 am charge
| with & god no am clear of Hit So when
| am hung you cane Say THAR is one pore
| sole gone for that he never dowen. But
you cane say tha is a day comen when
Some Body Will haft to punish for haven
| me punish for that never don But
pray to god to forgiv them. 1 can for
Civ them for hit. am wilIen to die and
| dove Bleeve god is redy to resevc me
god is not hk men on earth He is a Jest
god & will dove what he saves. i pray
| to god to forgive poor Bill Been for
| swaryen lie a2ine me god moves he
| swor faltes aginest me 50 Dear frendes
you may bee afraid of Glitch men don't
| think tina ever was a poor man Butch
| ard up for nothen as Bad as 1 have Bins
But thank god will sune Bee done suf
feren so Dear frendes when you red this
"WIn. H'hitson."
HOW They Received the News.
The Whitsons received the first new:
of the communication of their seutenc.
through letter which was given then
| by Jailer Jamison this morning, "a fe "
| minutes before !. c. Pritcbard, one o
| their attorneys, called a the jail. Wher
| Mr.. Pritchard arrived he found Will
| Whitson crying, and in every way show
| ing he was very much affected. H,
| claims that he is innocent. and haC
hoped for a pardon. Tom Whitson hac
| very little to say, seeming rather iudiffer
ent as to his fate.
I'm The Examiners Hands.
WASHINGTON, March 16.-rhe AIabam:
National bank of Mobile, Ala, Comp
troller Hepburn states. has been pIac<
in the hands of Examiner Campbell a
q L. -