The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-08
CARD FRoM Mr.. HARRIS.
He Explains the New Turn to the Par
don Mill.

/
He Explains the New Turn to the Par
don Mill
To the Editor: The article in the
News and Observer Of this date entitled
"a new turn to the pardon mills
so full OF errors as to require their cor
rection.
The statement that the Governor and
MYSELF have hit upon a new scheme to
turn prisoners out without pardoning
them and at the same time put good fees
in my pocket, is incorrect.
Now rs to the cases of Lee Summers
and John s. Mem ahon:
Lee Summers was convicted Of muir
der at the spring. term 1886. of Swain
superior court, and sentenced to be hang
Ell. Upon the recommendation of Judge
William NJ. Shipp, who tried the case.
Mr. Garland s. Ferguson, solicitor. who
prosecuted Summers, each of the twelve
jurors Who sat ON the olssa, and a nun-
Der of other citizens Of Swain county,
Governor Scales eommuted the death
sentence to imprisonment for life Judge
Shlpp III his endorsement said, chat even
less term than imprisonment for lie
Would meet the ends of Justice
On january 18th 1897, Messas. ] I.
t'f'a w. NttlN w AiS INt9lHlAHllhttTF, ANA
VIM. Lelbetiter. Warden OF the renit,n-
tiary, addressed the following letter to
Gov. Carr:
1--WE the undersigned do hereby petit
tion Won ito pardon Lee Summers. con-
vdcted of murder i'm Swain county in
1856 and saEtenced to be HANGED. but
comnmltpd TO life Imprisonment by Gov.
Scales. We base our request Oh the .en-
eIa good conduct of the prisoner"
On this same day-.IanuaGy 10Th. 1897,
Gov. Scales commuted the Imprisonment
for Fife ITO fifteen Years i'm the penftan-
tiarr and gave the following reason for
tl..s action;
This communication Is granted ut The
request of officers of the prison who
have asked This solely on account Of his
general good conduct and fafthfulness in
aH his duties while serving the past ten
years He has been black-marl{cd anea,
but as an offset he has rendered the
prisoner officers valuable service"
No that ON these facts Gov. Russell
had no connection whatever with III
prisoner | was employed by Snfn-
nleTs a month before his time ex,i.rt,,
ampi sued ont the writ of habeas c,rpns
for him before Judge Montgomery and
he was discharged. The law which NJ
thorized his discharge lis chapter 4-I7 OF
THE laws OF 1899, which Judge Mont
geometry held to be retrospective.
John s. McMahan was convicted az
murder at the fall term. 1885, of Aacon
county Superior court and sentenced Ia
he hanged On June 1st. 1889. Coy.
| FoWle commuted the death stntan : "a
imprisonment for life. ON April 18th.
| 1890. Gov. Russell on the application of
| w. w. Jones. and recommended by ].
NJ. Moody, solicitor, WHO prosecuted Me-
Mahan, j w. Eurgerson, solicitor Of the
18th Jadicial district. Garland s. Furger-
son, who assisted IN the prosecution. and
George H. Smathers. coinmnted tha life
imprisonment to twelve years in the pen
| itentiary, subject to the Communication al-
lowed BY law.
on Yesterday, September fth 1899,
was at the penittntiary on other busi-
| ness. and when | entered the office of
Captain William II. Day, Mr. Day and
sleesls. Osborne and Travis, membea.s Of
| the Executive Board Of The penlitcal.,.
were thin present. Mr.. Day remarx-
ed: Here is Harris NOW. the very man
we want to see. MIR, Day then coli-
tinued and said: 'sAlessrs. Osborne and
Travis are not satisfied with the decision
4 vi otlal4f @hbjiNEABlcFy III TilF Ice t~llfl-
I HERS case and they desire to have 4 tpst
| ease. There is a prisoner here by the
frame of John =. McMahan. who Il en-
| Titled TO be discharged under the deci-
/ sion in the Summers case, and If you
| viii, take his case and sue ont Il writ Of
/ fabeas corpus that will raise the ques-
! tons which iMessrs. Osborne and Travis
| desired decided" / remarked that |
would gladly undertake the case for Me-
| Nathan, and did 50 with the result as
stated elsewhere in this issue Of your pa
per. | had no understanding whatever
with McMahan as to any fee that
should receive for my services The
matter Of my fee has not been mentioned
tO him. Gov. Russell knew nothing of
| the McMahan case until after ii was de-
cided today.
was not attempting to over-iule the
| Executive Board. hut wstis really APPROX
ing in the case i'm order to have the Act
Of 1899, again construed fer the guild
ance Of the penatenttary alptho4ities Gov
Russell had nothing whatever to do with
my employment by Lee Summers and
AicMahan; and so far as mak.ng money
ont Of the prisoners under the Act o.
$50 | could not hope 10 get hut one
fee. because after t.he law was declared
my services would not he needed by the
other prisoners affected by the decision
They woilld be discharged or retained
according as the law was declared
j have been thus full and particular
in stating the facts because Of the at
tenpt to link Gov Russell and myself
together in this matter.
j. G. l.. HARRIS.
Sept. 7th. 1890.
We gladly give Mr.. Harris space for
his statement. It lis but just to the
writer Of the article 10 state that the In
formation came 10 us from a gentleman
Whose neaInpss to the penitentiary Off.
| Gals did not cause us to doubt it at ali.
! Il turns out that the Governor did not
pardon Summers. hut he did pardon M.
| Mahan. and an attempt was being made
/ to Get him TO commute the sentence of
/ convict named Jones. More than that:
II