The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1897-03-31
MURPHY WON'T HANG.
HIS SENTENCE COMMITTED TO I'M
PRISONMENT FOR LIFE.

VIII Follow Later,
COLUMBIA, S. c., March 25.-City
Attorney Carroll of Augusta, by his
energetic work done in the last 90
DAYS, has succeeded in saving the life
of Daniel @. Murphy, and that unfor-
tunate man will not have to pay the
death penalty upon the gallows. This
will be read by many before Murphy
knows, however, whether he must die
today or not. He wss not told last
night, the prison gates having been
locked for the night before any one
knew the result. His aged, grey haired
father will doubtless be the hrst to
give him the news at o'clock or short
" thereafter this morning. As the
case now stands, Murphy's sentence
has been commuted to life lmprslon-
ment in the State penitentiray: On
the streets every man one could meet
approved this action upon the part OF
the chief executive.
Governor Ellerbe has given the case
the greatest amount of careful and
painstaking consideration. Since
his last interview with the prisoner,
he has been convinced of his guilt,
and Murphy would surely have died
on the gallows today, but for the earn
est work of Mr.. Carroll in securing
the testimony of that Augusta minis
ter, whose character had been so high
ly endorsed.
Yesterday morning, in response to
the request of Governor Ellerbe, So.
licitor Jervey and q. H. Brunson,
Esq, who prosecuted Murphy, came
to Columbia, and during the day the
governor had Them in consultation
with him. The stenographic report
of the evidence taken in the case the
preceding day was read to them.
What they had to say to the governor
is not known. Both attorneys had
been previously convinced of the mans
guilt. but neither of them were men
who wished an innocent men executed
if it could be shown that he was lnno-
cent.
Governor Ellerbe thought the case
over for some time after these gentle
men had left the city; then about $50
o'clock he announced he had COM
muted the sentence to life imprlson.
ment in the State penitentiary, Cover
nor Ellerbe said that the testimony
that had been presented to him by
MIR. Carroll was Of such character as
to create in his mind the gravest
doubts of the mans guilt; consequent
ly he could not permit him to be
hanged. This was all the governor
said. His position seems to be about
as follows: While the integrity of
the Augusta minister was not to be
doubted under the certificates of charac
ter furnished, there was a bare possl-
bility that he was mistaken as to the
days he swears Murphy was at his
house, and for this reason the COVER
nor could not grant the full pardon.
If it ever be proven, by additional wit
nesses that the minister's statement is
absolutely correct the status of the
case is now such that he can be par
doned forthwith. The case has been
one of the most intense interest since
Mr.. Carroll introduced the testimony,
q summary of which was given yes
terday. Governor Ellerbe's position
in having to deal with such case, in.
volving the life OF a human being,
was, to say the least, most unenviable.
HE has done what he considered the
only proper thing to do and thus this
case ends for the present.
Mr.. Carroll was about the execu-
tive Office often during the day await
ing to hear the result of the case. He
and Murphy's brother will return to
Augusta this morning. The latter
and the prisoners aged father heard
the news of the Communication from
The State representative. The old
man had hoped and expected that a
full prrdon would be granted. He
has been devotion itself during these
few weeks and they have told upon
J. bis strength. He met Captain West
field of the penitentiary guard on the
street and said in broken voice:
t'Well captain, we will have to leave
. my poor boy with you" He talked
pleasantly with the captain for awhile
knd then left to sleep, after obtaining
permission to see his son at the prison
BIT 6 o'clock this morning, before leav-
Ing for his home in Orangeburg.
The facts upon which the Governor
based his action in the case are inter.
Esting. They were presented by a
lawyer by the name of Carroll OF Au-
usta, Ga. Mr.. Carroll came before
fovernor Ellerbe on Wednesday
norning with all his information in
Rroper shape. He brought along most
L his witnesses and everything he
Fanted to present was in the shape of
worn afidavits. he left no point un-
uarded and presented case that was
I intense interest. Assistant Attor-
ey General Townsend was present
nd cross-examined the witnesses. The
overnor himself frequently asked
hem questions. The examination of
be witnesses occupied all the morn
hg. In the afternoon Governor FL
RE heard Mr.. Carroll present the
kse. Mr.. Carroll made splendid
beech. He arranged his evidence in
|gical order and dissected the evi-
6nce produced at the trial in a mas
rly manner. He laid particular
ress upon the fact that the chief State
Etness, Glenn Bars, had already ap-
ared before the governor and con-
Bsed that she was paid to lie. Gov
nor ~Ellerbe listened intently to
erything that was said. He stated
et he would announce his decision
the evening. Ats o'clock he an
unced that he had wired for Solici-
Jervey and Attorney Brunson,