The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-06-25
TO FORWARD THE PETITION.
sweat's Appeal to the Governor VIII
Go 10 Atlanta This week.

sweats Appeal to the Governor win
Go 10 Atlanta This week.
The petition to the Governor for the COM
mutation Of the sentence Of Harry Sweat,
who is under sentence to hang on July p,
will be forwarded to Atlanta this week.
The petition has been numerously signed.
among the slgners being members of the
grand Jury which indicted Sweat, and OF
the Jury which convicted him. A number Of
well known citizens are also among the
signers of the petition. among the number
being several members of the bar.
The petition will be forwarded by Mr. w.
c. Hartridge, who recently appeared be-
fore the Supreme Court in Sweats behalf.
With the petition Mr.. Hartridge VIII for
ward copy of the brief which he sub
mi ted in his argument before the Supreme
Court. In this brief Mr.. Hartr!dge lays
particUssr stress upon the cfaim that the
evidence of the states witnesses at the
trial does not make out a case of murder
and that a fair consideration of this evil
dence by the unbiased will show that
Sweat's crime at the worst could not nave
been more than manslaughter.
1.-The public mind was prejudieed against
Sweat at the time of the trial." said Mr.
Hartridge. "The idea prevailed that he
ed himself of a wife's infdelity and muir
dered her husband when the latter was
endeayoring to place his children in decent
keeping. Public morality was offended,
and the feeling which prevailed naturally
extended to the jurors without any inten-
ton on their part to do the accused an
injustice. While all the circumstances at
tending the killing were exceedingly dis
reputable, the facts show that O'Neill,
his wife and Sweat were all in the same
boat and that there was no foundation
for the idea that Sweat had invaded
O'NenPs home and then murdered the
injured husband. O'Neil was well aware
of the life his wife was leading. He knew
that she was disreputable character
when he married her and that her char
acter did not improve after their mar
riage. He went away to the war leaving
her to support herself and her two chill
| dren by disreputable means. He was
aware of the life she was leading and
took no exception to the visits of Sweat
and others. The woman was not Sweats
! mistress, as the public was
lead to believe at the time
| of the killing. The evidence of the
states witnesses shows that Sweat had
ample opportunity to kill O'Neill at sew
| eral different times during the night OF
| the killing, and that had he been plotting
! to kill him he could have done so with
! much more safety to himself on these oe-
| casions than at the time the ARRAY act
| ually occurred. There was sufficient evil
| dence to show that O'Neill made an at
| tack upon Sweat and that IL was in re-
| pulsing this attack that the fatal wounds
were inflicted. 1t may not have been a
| deadly attack, but there was sufficient
provocation to reduce the crime to the
grade of manslaughter"
Mr.. Hartrldge said that the Supreme
| Court makes 1t a rule 10 uphold the de-
| cision of the court below in criminal cases
unless il is apparent that some error il
the law has been committed 1t takes II
for granted that the facts have been care
fully weighed in the court below an(
| that it is not necessary to review them iT
the higher court.
The petition win doubtless be referred
| by the Governor TO the pardonlng board
| and upon the recommendation of tha
| board depends upon whether The sentence
of the court will be executed.