The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-07
LOGAN lGETS THE DOUGH
WHILE DANNY SETS FREE A
CONVICT.
THE OLD FASHIONED PARDON PLAYED OUT
The Plan is Now to Commute the Sentence, Lee
the Fellow Employ Loge TO Count up his
Communication and the Tricks
Done. See /?

U0Ile, See .
]. C. l.. Harris and the Governor have
hit upon a new scheme to turn prison
ers out without pardoning them and at
the same time put good fees into J. G.
Logan's pockets.
The last Legislature amended the
law as to the Communication of prisoners,
giving prisoners five days In every month
of sentence and ten cents FOR each day
so committed for their good behavior.
This was done as an incentive TO the
prisoners to work we'll and behave prop
erly, and was unanimously passed
An attempt is made now to make this
act retroactive, and a precedent has
been established that if not overturned
will make a raid on the treasury. If the
new scheme should be adopted, it will
increase the Communication for September
alone not less than three hundred dol
lars.
Heretofore when a Governor wanted
to turn loose il prisoner he would par
don him. Governor Russell, desiring to
amend his unjustifable pardon record
and help Logan to get fees, now COM
mutes the sentence of prisoners instead
of giving them a pardon.
Here is case in point. Lee Sum
mers, a convict was first sentenced to be
hung. Governor Carr committed the
sentence to life Imprisonment. a few
days ago Governor Russell committed his
sentence to such term as, allowing
him the communication OF time as proyi-
ded in Chapter 457 of the Laws of 1899,
would release him ON the day of that
Communication. If the Governor had par
doned Summers outright, he could make
no claim to Communication money as IL
life prisoner could earn no communal
tion money, but as soon as the SEN
tence was committed Mr.. j. C. l.. Har-
ris, as his attorney, sets up a claim
that Summers is Immediately changed
from a life prisoner to a term prisoner,
and the law of 1899 operates retrospec-
lively so that he was entitled to COM
mutation from his first Imprisonment,
which was about ten years ago, amount
ing to SIC.
Some time ago application was made
to the Executive Board to make an
order that in case Il life prisoners SEN
tence was committed, he would be en-
titled to Communication from the time
he entered the prison, but the Board
held that he would be entitled to COM
mutation only from the time the sem
tence was changed. This did not please
the Governor, Captain Day or Mr.. Har-
ris and they set out to overrule the de-
cision of the Executive Board. In pur-
suance of their plan, Mr.. Harris as
attorney for Summers gets the Governor
to commute the sentence of his client
from life to fixed term that virtually
amounted to a pardon. Then, in order
to get SIG fee, Mr.. Harris applied to
Judge Montgomery for writ of habeas
corpus for the release of Summers The
Judge granted the prayer, and on
August Both, ordered him released, and
virtually held that Summers was entitled
to Communication money from the time he
was first sent to the penitentiary. This
was clearly an incorrect decision as
there is nothing in the statute to war
rant thSidea that it was intended to be
retroactive. Superintendent Day made
no appeal from this ruling, and Mr..
harris thereby gets $40 out of the State
as his fee for introducing the new
method of pardon plus computation. 1t
is great scheme to get a man pardon
ed and also get enough money out of the
State to pay a lawyer for working his
pull on the Governor
The Summers case worked so smooth
~ that Mr.. Harris and the Governor are
now at work to get a prisoner named
John S. Mcmahon out in the same way
that Summers got his liberty. If this
things keeps up, Mr.. Harris will have a
new source of income which will take
the place of the salaries of the various
offices he lost by reason of the Demo
cratic victory last November.
Mr.. Harris was seen yesterday in re-
gard to the matter. He said the case
of McMahan would come up before
Justice Montgomery at 10 O'Clock this
morning. McMahan was convicted of
murder in 1889 and sentenced TO be
hanged Governor Fowle committed his
sentence to life imprisonment and on
April 10Th last Governor Russell com
muted it to twelve years. This term
Mr.. Harris contends is now out if five
days per month for good behavior be al
lowed from the date of incarceration.
Messrs. Travis and Osborne, of the
Executive Board, have employed Shep-
herd and Busbee to appear in the ma
beas corpus proceedings today. Mr..
Harris appears for McMahan.
USE ALIENS FOOT EASE IN