The commonwealth. (Greenwood, Miss.) 1896-1923, 1899-05-26
JUDGE C0lEMAN'S STATEMENT.
He Gives the Inside History Regarding
the lvo Miller pardon.

10 ife fditnF oi ! ne tphlthphNtatth'
The following statement of facts was
prepared by ME for publication some
eight or ten days before Millers pardon,
as | was preparing to take the case to
the Supreme court, when two gentle
men of this place, to whom | explained
my intentions asked me to withhold
action until they could interview the
governor They found him at sena
tobia or Sardis, | have forgotten which.
and came back with the assurance that
the pardon would be speedily granted,
and the same. was granted about ten
days afterwards. While bitterly re.
GREETING the kind of pardon, | had not
intended to say anything further in the
matter, but the recent public assertions
of Governor McLaurin. that he made
no such promise to pardon as is claimed,
when he not only knows that he did.
but that ] had SO stated at the time of
the conviction, when 50 many wondered
why Millers attorneys had advised him
to that course, compel me in justice to
myself to publish exactly what was
said and done.
STATEMENT OF FACTS,
After the indictment in the Ivo Mil.
Ter case was returned into court in July,
1898 and Miller had been arrested and
brought back from Memphis, the firm
of Coleman a. McClurg, Of which am
Il member, was appointed by the court
to defend him, as he was too poor to
employ counsel. A motion to quash
the Indictment was interposed on the
grounds that the grand jury which
found the same had been packed, and
that four of its members, of the seven.
teen eiupaneIed, We're then, or had bean
within twelve months road overseers
aud had been retained on the panel
after the attention of the court had been
directed to that fact. The state moved
to strike ont the motion to Quash on the
ground that same was frivolous, which
motion by the state was sustained and
the case was then confined on the appli,
cation Of defendant, as none Of his wit
nesses were present and it WAS doubtful
il any of them could have been OBJ
tanned in time for trial This meant
that Miller would have to lie in Jail
until the next term of court, and to
obviate this, il possible, since his mother
and sister were dependent upon him
for their daily support, left Greenwood
at 8 O'Clock one evening, went to Jack
son, sought Governor McLaurin that
night and laid all the facts of the case
before him as fully AS they were known
to me, and as set forth in the testimony
taken at the committing trail, which
resulted in Miller's discharge, II copy
OF which testimony ! showed the gov.
ernor and asked him if he would not
promptly pardon Miller if he WAS con.
vlcted, telling him that my idea was to
have the continuance set aside and have
him plead guilty to manslaughter He
told me that TO promise TO pardon be-
fore conviction would he equivalent 10
Il pardon, which would be unconsttu-
tional, and would subject him TO i'm.
la 70 IN ant ,hi,.h tI.,, I
combatted. We had long discussion
and much more was said by both, wind.
ing up by his telling me that ought to
know we'll enough what he would do in
such II case and not ask him to make
the promise. replied that could not
indulge in any presumptions, but must
know what l WAS doing; that
was satisfied no jury in the state would
convict Miller upon the evidence, and
that could not afford to take any
chances. and asked him IL he did not
see where ! stood and appreciate my
He replied, You are in a |
ticklish place, amt your Yes" re.
replied, and must therefore knoU what
to depend upon" He then said, go
home and have your man convicted,
bring your petition down as quick as
you can and ! will turn him lose; you
need not wait to have the petition
signed before publishing it, but you
tan publish 1t and circulate for sigma
lures At the same time said, Il am
aware Of this fact, and ! want to say to
you that you have lifted great burden
from Inc, and whenever | can serve
you In any way in the future you can
]raft on me and will honor the call"
His reply was that after the many nice