Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-07-12

that these attributes be allowed to plead
in his behalf. 1t is further stated that
before the commission of the offense for
which he IS sentenced to die, not even
the slightest charge of misconduct was
ever preferred against him, and that he
enjoyed the trust and confidence of all,
and that this excellent reputation was
proved before the jury and trial court,
and that it was not denied. a pitiful
and touching appeal is el0quently pre-
scented, upon the theory hat the true
object of punishment would be as well
accomplished by the imposition OF life
imprisonment DIS by the infection of the
death penalty; and it Is said that refor-
nation of the offender and protection
to society being the ground upon which
punishment is justified, there can be no
reformation when the offender is put
to death. and hence the two-fold OBJECT
of punishment is better attained by lifo
Imprisonment.
In view of the facts and circumstances
of the case TO which attention will be
given, it must be said that Mr.. Thrift,
Madison's attorney, has done all in his
power on behalf of his unfortunate
client.
Now, a few words with respect to the
alleged errors. They do not appear eN-
cept by mere statement. as before re-
marked, and if this body We're inclined
to enter into the subject OF correcting
errors generally, it would of course ;e-
quire that it be made manifest that
prejudicial error has been committed
against the party complaining. This
Board is not al appellate body for the
correction of errors, nor is it powerless
to recommend relief upon any just
ground which may appear to it 10 exist,
even if such ground be ascertained sole
ly upon a review of the proceedings
upon the trial. 1t is certainly of the
highest importance to the public that
the power Of pardon, commute, etc, con.
fined to the highest executive officer,
should be carefully exercised and that
the fullest responsibility should lest
upon the person to whom such power
is delegated and those charged with the
duty of advising the Governor should be
equally careful in the discharge of their
duties and should likewise bear great
responsibility. However, even for err
rors apparent upon the record, the
Board of Pardons might advise commu-
tation and the Governor might grant it.
If the errors said to exist have in fact
been committed. the applicant still has
the right to apply to the Appellate Court
for redress, which it is hoped he will do
should this body commit any mistake
against him.
Let us examine the acts in the case
as briefly as we may to ascertain, If pos
sible, what ~extenuatirg circumstances,
sible, what e~Ntenuating circum-
stances there may be. In State
V. Madison. 3S S. R. no. y 492. we
learn that Madison Souder. Charles Jor.
dan and Joe Jardan. colored min
ers, roomed in a shanty together. Mad
ison and Sander played checkers until
bed time. When they were about to
go to bed. Sauder asked for a piece Of
bread. and Madison told him to cook
his own bread. Sauder went into the
other room, and Madison said: II am
feeding the bread to the hogs now and
Sauder said, you do that because you
don't want me to have it." and Sauder
said further: Il don't want none of your
damn bread" Madison said: Don't
cuss me-" and Sauder replied, Don't
you like it?" Madison answered NO"
and Sander said, Don't take it, then"
Madison was about 20 retire when this
slight and trifing alteration occurred,
but then went out and was gone nearly
an hour, and procured a pistol and re-
turned to the shanty about half-past
ten O'Clock and found Sauder and the
two Jordans in bed. Jordan wanted
| him to come to bed, but Madison said
\ no, that he was going to write a letter
| to his mother; and Madison took a seat
and wrote |the letter, and a.so one 20
Charles Jor n. who was asleep in bed.
The letter t = mother was mailed the