The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1901-08-30
SENTENCE COMMITTED.
PLEAS. GILLIAN WILL NOT HANG
ERtUAS
Thc Governor %cnds Kim tn tho rcnu"n.
unry for Lac - Tho Letter OF
judge Townsend.

Pleas GilliHm 10 life in She pcnitcn-
term Of The court OF murder aud son
tpncod by JudGc Townsend 10 DO hanged
on the 3Qth Of August. lIe killed Nj.
| Walter q Ahrains last Murch by striking
| him on the head with Il rock.
At the time Of the killing there was
some tulk Of lyuchinG tho negro, but
the friends OF Mr.. Abrams concluded
best to let the law t&ko It's course.
| The following is the statement OF the
case rs published in The State ON
| Wednesday and also includes the letter
OF Judge Townsend to the governor.
Gov. McSwrCnry has commutcd the
sentence OF Pleasant Gillian, OF Now
berry. Ini& negro WAS TO have been
! hanged Friday, but the governor has
| stayed tho sentence Of The court and
the negro will spend the rest Of his life
in the pcnitcntiary.
The governor acted on the matter
yesterday morning and in the after
noon the negro WIS brought to Column
bin and lodged in Jail.
This case is calculated to cause con-
| siderable comment. The ucgro was
!; convicted Of murder, having been IN
dictcd Tor killing white man named
| Abrams. Judge Townsend appointed
| Mr. r. II. Wclch to represent the nc
gro. The verdict WAS "Suilty" without
| recommendation TO mercy.
When MI. Wc,ch mado application
| for n communication Of sentence, tho gov
| CrNOr referred the mnttor to Judge
| Townsend and to Solicitor Seuse. The
latter made this endorsement: "T make
no rccommcndation one way or tho
othCr.' Nr. .. l.. Schunpcrt, former
solicitor, assisted Mr.. ScRso in the
! prosecution and he wrote the governor:
| "llaving assisted the State in tho prose-
| cutlOn, ! have been asked by the sOlici-
| tor to make some endorsement on this
! application for pardon. The presiding
| judge, in his letter, says, it is case OF
| technical murder and will only add
that in my opinion it WAS also wilful
and malicious. | fail TO see any differ
whilo In ~ stopping position with q
brickbat Or with any Othor deadly
weapon. This verdict, think, was
entirely responsive to the testimony
and should not be disturbed"
The governor wrote to the attorney,
Mr.. Welch, to get the Jurors to sign
petition. The latter replied that he
was getting no pay for his part in the
! ca*H and could not sec the Jurors.
Furthermore the jurors would hardly
! sign the petition. lie VAS not sur
! priScd at the Interference Of "thc paid
attorney for the prosecution" (Mr.
Schumpcrt.)
Mr.. Wclch declared further that it
was case Of negro against white man.
The following statement Of the oaso
| was presented by Judge Townsend I'm
| der date Of Union, August !.
| | recommend Il cOmmutatiOn Of sem
| tencc or punishment in the case of tho
| State vs.. Pleasant Gillian. ITo was
| convicted OF murder last week ut New
| berry and was sentenced to be hanged.
| 1t was a case Of technical murder, but
! really 4 case OF manslaug ghtcr. There
| was no recommendation TO mercy,
| hence | refused new trial, and sch
! fenced him. base my opinion upon
the testimony Of tho widow Of tho de-
| ceased, Mrs. Abrams. She testified
| that after some words between her hus-
! band Qhc deccascd) and the prisoncE
| pleasant Gilliam), her husband started
| towards Gillian and went about three
| steps; then Gillian, who had alrcudy
picked up u piece Of brick, told her
| husband TO stop; her husband stopped
| and "scencd to Think" and then
| stopped down, the ground having rocks
| and brick chats on it in numbers. While
| STOPPING down, the prisoner throw the
piece OF brick and struck tho deceased,
| and the deceased fell forward and died
| during the day from effects of the blow,
AS there was no legal provocation for
the blow, it was murder. If the pris.
| 0nCr had waited until the deceased
| arose from his STOPPING position, there
might have been n brick in his (de-
| ccaaod's) hand and deceased might have
| acted in such manner as TO havo iusti-
fled prisoner throwing in solf-dcfcnsc:
| but such were not the facts. lie threw
| before there was imminent dangcr;how
! long before We don't know, but at tho
| moment h0 threw there was no imni.
! ncnt danger, hence | think it was in
| law, murder, but as jurics usually look
| at such ca'ca n@ nIAn%laughtcr, think,
| therefore, that lie ought not to be
hanged. / recommend communication
| to Imprisonment fOr life.
| ] might have granted the prisoner q
new trial, Duo thc testimony, it ia pre-
sumcd, would hc tnc s,,luc and the ycr-
dict probably the same. do not re-
| gard it 40 a ru"c Of co.d-hloOdcd mur
| der, ana think that q communication
| would be proper. The prisoner was
ably defended by Mr.. r. II. Wc'o1, of
! the Ncwbcrry bar, who was appointed