Birmingham age-herald., 1895-06-11
Reviews the Case ard Gives His Reasons for Allowing Death Sentence to Stand.
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MontgomerY. June |

Montgomery, June 10.
 The following letter. written by the governor today, is self-explanatory:
 Rev A. F. Owens, Mobile, Ala.-Dcar Sir: Several days ago you, as chairman Of a committee of colorcd men of Mobile, presented to ne petition signed by quite a number of colored and white citizens, praying that l, as governor, commute the death sentence of Phillip Goodwin to imprisonment for life in the peniten- tiary.
 At the same time you presented me with a number of letters of introduction from prominent citizens of Mobile, all Of which spoke of you in such high terms that l felt it was due to you and your earnest appeal and that of your coi- leagues to give the case a more thorough investigation than l might otherwise have done.
 You admitted that the condemned man had had fair trial, and so indeed he did. For an error in the ruling by the court on the first trial the supreme court granted a new trial. He appears from the record to have been ably defended by good lawyers. But on each trial an impartial jury found him guilty of mur- der in the first degree and sentenced him to be hanged The only circumstance alleged in behalf of the criminal is that FOOL proposed to nm dH for improper relations with his wife. She, like her husband, is a negro. The de- ceased was a white man. Improper re- lations with her under the circumstances would have made him guilty of a felony and the husband an available witness against him. The law never presumes a man guilty of crime, but requires proof to establish it, and when it is of such an indecent character and unreasonable in itself, the law requires a greater weight of testimony to establish it. Again, had the husband consented to his own in- fanny and that of his wife Pool could not have conSummated it without her consent. or by the perpetration of an other crime punisha ble by death. Did he ever name such thing to the wife of the prisoner? There was no proof of fered on the trial that he did. In the ef- fort of Goodwin to show that the insult was repeated by Pool the night before the killing, and after he had had bitter quarrel with him about a settlement he signally failed and was fully contra dicted. He told Dr. Inge in the prison next day that Pools threat of personal violence on Saturday evening was what caused him to shoot deceased next morn ing. When in the act of shooting Pool did he say to him. You have proposed 10 debauch my wife and destroy my do- mestic happiness and I am going to shoot you for it?" No. he told Pool that
  come to shoot him, and at once put his threat into execution. On the trial he swore that he shot in self-defense-that Pool had put his hand on his hip pocket as though in the act of drawing his pis- tol when he shot Pool to save himself from bodily harm. In this he was squarely contradicted by the witnesses present. No circumstance has been es- tablished which mitigates his crime. It was a deliberate, premeditated mur- der. and in such case the executive can not listen to any plea for mercy l de- cline to interfere with the sentence of the law and Phillip Goodwin must pay the penalty of his crime with his own life.
 The statements of Dorian and of the newspaper reporter are only what Good win said and not lawful testimony. He told the reporter only when 1t was sug- gested to him, and he said nothing about it to Dr. Inge. His story is not corrob- orated. but contradicted by circum- stances and presumptions of law. The law must be enforced against crime committed by white and black alike. Very respectfully, VIM. c. OATES.