The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1900-06-01
BY Governor George Wesley At
kinson. who Issued the papers
for his Release Tuesday.
Upon Recommendation
Of Hon. P. W. Morris,
A Member of the State Pardon
Board. Whose Opinion is Able,
as Shownby the Main ABB
stracts Given Below.

The Governor, upon the recon-
mendation OF Hon. P. w. Morris, OF
the Pardon Board, has granted par
don to Vale Boughner, convicted In
January last of murder in the second
degree.
Mr.. Morris has written quite an ex-
ttenslve opinion, giving his reasons for
e Recommendation. The opinion Is
an able one, and we would like to pub
fish 1t in full, but It's length forblds
its Insertion in our columns at this
time.
After quoting the Instructions given
by the court on behalf OF the dc
PENDANT, Mr.. Morris, says: ''Was the
killing of Edwin A. Young by Vale
Boughner any more than an unfortu-
nate misadventure? do not think 1t
was. This boy did nothing more than
any other impulsiye person or boy
might have done in the same circum.
stances, and 1 have found, by long
observation, that it is useless to ex.
pectthe same accuracy of Judgment ina
boy that you should look for in man Of
mature years, although many persons
OF the latter class are frequently as
unwise as those of extreme youth. 1t
was certainly a sad unfortunate thing
that Young should be killed in the
way he was, but it is one OF those
events which happen in human ex.
perience, and which must at times be
expected, and where the improper
punishment of some unfortunate per.
son who Is connected with the tragedy
and who has destroyed human life
will do no good. In this case. all the
elements that constitute murder in
either the first or second degree are
wanting. Boughner could have no
malice toward the young man whom he
killed. Up to the time that he Joined
in the pursuit he had not even known
Young and had no reason for having
malice against Young, who had never
injured him. There was no reason
whatever that Boughner should de-
sire tokill Young. 1t is true that II
one with deadly weapon in his pos
session, without any, or upon very
slight provocation, give to another u
mortal wound, he is prima facie
guilty Of wilful, deliberate and pre-
meditated killing, but can it be said
that he cannot explain this away?
That with the very idea of the
necessity resting upon him Of showing
extenuating circumstances, he cannot
be allowed to show those eStenuating
circumstances: So it is, that in this
case the very circumstances of the
whole affair demonstrate that all this
deliberation, premedltation and will
fitness that is held to be necessary To
constitute murder, is wanting here.
III this Is true, the Instructions given
by the court on behalf of the state
fall to the ground and have no proper
application. The conduct OF Mr..
Young, himself, largely brought on
the state of affairs and resulted in his
death. He was no criminal, 10 is true:
he had not committed the crime
which 1t was supposed he had COM
United, but he was acting like a
criminal and fled like one. The pupil
lace was on the track. 1t was at least
clamoring for his capture. Things had
occurred which would cause any
reasonable person to believe that u
murder .had been committed, or ut
least that there had been an attempt
to murder
Mr.. Morris then argues further, and
says that suppose Young had
actually committed murder; that he
had been In fact a criminal, was eyad-
ing capture and had been killed under
the same circumstances, would 1t be
claimed that Boughner could have
been convicted of murder? He insists
that he would not, and that it is per-
fectly proper to look at the case from
that stand point.
After some further discussion Of the
Testimony in the case, he concludes by
saying that it is proper case for the
exercise of Executive clemency, and
that there should be an unconditional
pardon. which accommodation the
Governor has promptly followed.
Governor Atkinson in issuing the
order for Boughner's pardon has the
following to say:
'"This case was submitted to the
board OF pardons some weeks ago. and
was argued by counsel on both sides.
A few days since the board considered
the case. One of the members, p. w.
Morris, Esq, In an elaborate opinion
fayors the pardon Of the defendant,