The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1895-04-19
EARNSHAW'S PARDON.
Why 1t was Granted by Governor
MacC orkio.
4 PETITION BY MANY CITIZENS
Including n Largo Number OF proml.
ncnt Mcn-rrosceuting Attorney
Howard says that Evidence since
tho Conviction Shows that Earn.
shaw was Simply tho Dups OF Nc.
Ciskcy, who wa tho Real Criminal.

Tho Charleston Daily Gazette Of We'd.
nesdny. has tho following account Of
tho pardon OF benjamin Earnshaw,
roteronce to which wai made in yoster.
days lSr%EILiuEScEE: Governor Mac.
Corklo yesterday granted a pardon to
Benjamin Earnshaw, Of Wotzel county,
o serving al eight years torn in tho
penitonsiary. Earnshaw was convicted
in tho criminal court OF Ohio county
for an attempt to negotiate county
orders OF tho Wo,zel county court, aud
at tho April term. 1891, Of tho said
court, was sentenced to eight years con.
iinemcn.in tho p%enitentiary.
Tho ordors wero not negotiated, nor
was tborc any money lost by any ono in
the transaction. The prisoner avorrel
that tho orders camo into his hands
legally. and at tho timo ho was placed
on trial there were worry serious doubts
as to whether time was given him to OBJ
tain tho witnesses who. he claims, woro
able to prove him guiltless OF the charge
Tor which he was indicted. At any
ovcnt, no was not ablo to obtain these
witnesses, and won't TO trial without
them. Tho governor thinks that prob.
ably tho court was technically right in
sending him to trial. but certainly 1t is
apparent that his witnessed woro not
present in court, whether they were
legally and technically summoned or
not. The governor thinks that the pun.
ishment was entirely too severe for tho
crime attempted TO be committed and
also says no felony was committed. but
only a misdemcanor, and the prisoner
should not have been sent to the penl-
Tertiary, but only to jail.
Again, Earn.haw's conviction was
largely made upon tho testimony OF J.
$. McCaskey, u man who then enjoyed n
fair reputation, being deputy clerk Of
the Wetzel county court but it now
turns out that McCaskey was vitality in
tercsted in sending Earnshaw to the
~penitentiary. aud it also has been
proven since the trial that McCaskev is
a very hard man himself. and that his
testimony was not fit testimony upon
which any man should be sent to the
penitentlary. lie has fled the county
and has himself been indicted. and now
his whereabouts are unknown. Earn
shaw statements were TO the effect that
McCaskey gave him the orders and as
surcd him that the same were nll right,
and Earnshaw relied upon McCaskey to
testify TO that fact At the trial. There
Is every indication, from all tho facts
proven and from testimony which has
been found since the trial, that Meas.
key was the real criminal in the case.
In tho second place the prisoner is
an old man and in very poor health, and
the statement OF the physician OF the
penitentiary, made to the governor, is
10 the effect that further confinement
will destroy his life, which was not con-
templaIed when he was sent TO the PEN
itentiary. The statement also OF other
physicians is to the effect that il not re.
leased in 4 very short time he could not
recover. The physician OF tho peniten-
tiary Tor that reason very urgently rec.
ommends his release.
The petition is strongly urged for the
above and other reasons by some Of the
the most prominent people in the state.
and it ia further supported by the mos,
numerously signed petitions that have
ever come into the executive Office.
Fully n thousand voters OF tho highest
responsibility from all the counties Of
northern West Virginia have urged his
reieaae. The petition is supported BY
Hon. John A. Howard, prosecuting at
torney OF Ohio county. who prosecuted
the case, and who writes 4 vigorous let
te. recommending tho pardon OF Earn.
shaw. Mr.. Howard, in his letter. among
other things makes the following state
ment:
81 am convinced from the evidence
that he didn't forge the paper himself.
Evidence since the conviction has
proven that Earnshaw was the dupe OF
N McCaskey, who was Mt that time
deputy clerk OF the county OF Wetzel,
and who is now n fugitive from justice.
Earnsiiaw obtained no money on the
paper. He 10 an old man and has | be-
lieye been long enough in prison to sat.
isfy the needs OF justice. His convic.
ton and time he has served in prison
vindicates the law, and there is no res.
t~itution TO make. as there was no
money obtained, and | believe he has
made sufficient atonoment."
The release is vigorously urged by
Governor Fleming, DR.. 4. II. Meighen,
Hon. Sept. Hall, o. s. Mckinney, J. &.
Morgan. sheriff OF Marion county; Vim.
NJ. Kincaid, john II. Brock, r. F. Nc
Nicho!, chief OF police. OF Wheeling;
Hon. John b. Wilson, Hon. J.. B.. Sum
morvillc, ]. NJ. McCollouch, Hon. NJ. J..
O'Cain. John X. Mitchell, clerk circuit
court, Hon. A. d. Garden. A. A. Franz
helm, John c. MacEldowny. ]. C. New
man, clerk county court; John II.
Gallagher. DR.. J. D. Schmeid, j. N.
Wyatt, Robert Crawford, and n vast
number OF other mon OF great promin-
cnce of character In the state.
Governor MacCorklo was convinced
| that tho case demanded the exercise OF
tho p%ardoning power and therefore
ordered that n pardon be issued rcliov-
ing benjamin Earnshaw from further
confinement in the p~entientiary upon
| tho sentence Of tho cour. aforesaid, and
that tho warden OF the penitentiary dis
charge him from custody upon said
cIarpp