The times. [volume] (Richmond, Va.) 1890-1903, 1896-12-27
DECLINES TO PARDON GAUL.
The Slayer Of AtTell Must Remain
in Prison.
GOVERNOR 0'FERRALL'S REASONS.
Caul Was an Alder In tho Crime Accord
ing to tho Testimony-Pardons Also
Refused william Downing and
Charles Williams.

For the second tlme Governor OFerrall
refused yesterday the application for par
don of William T. Gaul. now serving a
term in the penitentiary for completely
ia the murder OF Robert Lee Atwell, a
yard conductor of the Southern Railway,
at Twenty-eighth and Dock streets. Rich
mond. The first application for pardon
was made year ago.
In refusing the pardon, Governor OFer-
rail- gives in substances these reasons In
the papers fled:
The jury was from Dauville. therefore,
unaffected by any local feeling which
may have existed against the prisoner.
The petition declares that the murder
Of Atwell was zone of the fouiest muir
ders. in the annals OF our criminal courts
The petition further declares that THE
courts instructions were admirably con-
ceived in the interest OF Justice An i'm
partial Jury, then, with these instructions
before them found the prisoner guilty
OF murder in the second degree, and TX
od his punishment at five years IN the
penitenuary. This verdict was sutained
by the learned judge who presided, as not
contrary TO the law and the evidence.
am now asked TO extend clemency
Upon what ground2 After discovered
pvidenco2 No. But upon the ground
that the evidence was conflicting, ana
that GauIs punishment should not DC
as great as that Of McNamee, the prih-
cipal.
GAUL AN Alder.
II the witness for the prosecution were
alder and abettcr In the murder. lie
hunted Atwcll up and called him from
his shanty where he had eaten his SUD-
per. to sec McNamee. lie seized and
struck from behind Atwell. Atwell hot
Tered as IL he were being choked. turned
and twisted TO get away Then when
NcNamee fred and inflicted mortal
wounds. Gaul ran rapidly from the scene
I'm one direction. with his coat sleeve
torn. while McNamee ran in another
direction. The testimony OF these Wit
ncsscs was positive and direct, ana no
enort was made 20 imucach them.
IL is the province of "A jury 10 weigh
and consider all the evidence, and md
ing an accused guilty, the Executive Will
not interfere unless the verdict Is so
contrary to the evidence or the punish
meut so excessive as to shock the SEN
slbiity Of justice.
In this case think the evidence JUS
tidod the verdict.
The seeking of Atwell by the prisoner.
and bringing him in contact with ms
enemy. his fight when Atwoll was shot
and his torn coat sleeve, are all signih-
caht facts against him, and when taken
I'm connection with the evidence that he
caught or grabbed Atweli that he struck
Atwen. that Atwen h0ilered before ne
was shot. must lead 10 the conclusion
that the prisoner was an active alder
and abettcr I'm the murder, and II so,
his punishment is light.
There IS nothing ia the point that
Gaurs punishment should not be as great
as that OF McNamee. Because McNa-
moos sentence may be too light, II does
not follow that Gaul should have his
sentence cut down.
Each case must be considered upon the
facts irrespective OF the other. One
guilty man may escape punishment en-
tirely. as many do, but this Is no reason
why other guilty men should not DE
ma De- 20 pay tho penalties Of their crimes.
AfcNamce may be. and probably IS, de-
serving OF more severe punishment thah
Gaul. but surely if Gaul was an aider
and atetter In the murder OF Atweh' ne
has suffered no injustice his sentence IS
not excessive. and he has no right 10
complain. Pardon Is refused.
PARDON is REFUSED.
HISTORY OF THE CRIME.
Nearly two years ago William L. pdu''
a semi-intelllgent fellow was convicted 10
the Hastings Court Of the city or h1ch-
rnond OF being an accOmplice in the MR.
a
ductor Of the Southern Railway az the
corner OF Twenty-cighth and Dock
streets. lie was sentenced 20 the peni-
tentiarv for the period OF Eve years. or
in other words was given tine same liln-
ishmont inflicted upon Thomas y. Nc
Nance. who. according to the testimony
and hls own admission, shot ana Killed
Atwcll himself
rbe trials Of these two men created
the most profound interest, ana this II
terest al one time hordercd upon excite
mont So intense was the feeling 5O.
after the McNamce tase hau been CON
ciuded that IL was impo hDle y ttl !
Jury I'm this city TO sit in ihe case CT
ME result was that a special venire
was obtained from Danyille. AMI jury
,vas selected thrrefrom. Gali was gwen
five years IN the penitentlary. While o.
The stand NcNamoe said that Gaul was
an innocent man. and had no idea when
he went down TO the railroad yard with
him CNcNamee) that there would be any
row at ALL This statement was recent
lv repeated by McNamee in the penitea-
tlary.
Glul n will be remembered. worked az
times for McNamee. who was an uphols-
terer living I'm Manchester and conductor
business ON Clay street. this city He
was asked ly McNamee 20 60 with rim
TO see Atwel 20 get an apology for lam
eraa, used bv the yard conductor 20 No
Namce's write. The entire trouble grew
out OF a criticism upon McNamee's httle
boy. when the latter left his geloc'pede
IN Mr. Atweils yard
CASES Or DOWNING AND WILLIAMS
After giving TIE case a good deal OF at
tention. dcv0tlng many hours TO the study
OF itr various nnH.n-. Governor - lfiitIi
last nirht sent the following dispatch TO
the sheriff OF Norfolk:
Executive Office
Richmond. Va. Dec. %. 1896.
Mr.. John f. Lawless. Sheriff Norfolk city,
Norfolk Va.
The petition for a commutatlon OF the
death sentence Of william Downing 10
lie imuIls0nMent has been cdIeIliiy AOn-
/ can find nc ground to justify clemency
The prisoners act was, In my opinion,
wilful. deliberate and preia dltated at
temut to Kill his enemy, resulting IN the
the law the penalty Is the same as II the
urisouer had executed his purpose.
In the case Of Charles Williams no facts
have been presented 10 me-only a pe1i-