Birmingham state herald., 1897-03-02
MUST HANGI
Relatives and Friends Appeal to
 the Governor
TO SAVE HIM FROM DEATH
The Defendant Had Fair Trial and Two Courts Held Him Guilty and Executive
 Clemency Is Therefore Refused.

Montgomery, Ala. March 1.-tSpecial) For several days the governor has been considering appeals addressed to him for the communication of the sentence of Colin Daughdrill of Gadsden, under sentence of death for the killing of J. I. Bates in that city. The victim was commercial traveller and at the time of the Killing was in a bar room in .Gadsden negotiat- ing with the proprietor about an order for shipment of fiasks. Daughdrill en- tered the bar and picked a quarrel and shot MT. Bates down, death ensuing al- most instantly. Daughdrill was tried and convicted before the circuit court of Etowah county. He was defended by able counsel. and the case, after the con- viction in the circuit court, was appealed to the supreme court, which. after full hearing, decided to sustain the finding of the lower court and the date of the exc cution of Daughdrill was fixed for March 5. After a thorough consideration of the appeal for the exercise of executive inter- vention the governor today decided as followS
 Colin Daughdrill Etowah County:
 Applica ton for a communication of the death penalty is made in this case, and is based mainly upon the claim that there was not that premeditation in the com
 
 sentence of death, and upon suggestions as to the sanity of the prisoner. Pathetic appeals are made on account of the sor- row and distress that the execution of the sentence will bring to the family of the prisoner. l have given patient and grave consideration to every letter, affi- daVit, petition and argument that has been presented to me. It Is not denied that the prisoner had a fair trial was defended by able and skilled attorneys and wiss surrounded by friends and rela- tives of high character and influence. The jury sentenced him to be hung and on appeal the supreme court affirmed the judgment giving special and able con- sideratio to the question involving the reconciliation of the crime. The law authorized the jury to either sentence the prisoner to be hung or to imprison- ment for life. All the facts were present ed to them; it was their solemn duty to give the prisoner the benefit of every doubt It seems that there was no suffi- cient doubt in the minds of the jury to stand between their consciences and the solemn verdict rendered by them.
 The distress and sorrow of the execu- tion of the sentence will bring to the family of the prisoner can but touch the heart of every humane man. Punish ment for crime is rarely inflicted upon the guilty that it does not wiring the hearts of innocent people. Nothing has been discovered since the trial that was mot then known. Nothing is disclosed to show any excuse or extenuating circum- stances in the commission of the crime that brought death and untold sorrow and distress to the family of a law abiding citizen then engaged in the peaceful pursuit of his business.
 As chief executive of the state charged with the responsibility of seeing that the laws are faithfully executed, my duty warns me that the profound sympathy have for those who are appealing for clemency should not in this case inter- cept the deliberate verdict rendered by the jury.
 (Signed) JOS. F. JOHNSTON