The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1901-09-04
First. That the petitions were NUN

ed n certain olTectIo0.
Second. The sureties Of the eff ,ial
bond Of Neal urged the pardon upon
the ground that the defendant had re-
paid them what they were compelled
80 pay the state on account OF his &C.
falcation. This reason would Itself be
conclusive if the prosecutions had been
brought by the state for the oenshs OF
these 0ondsmsn.
Third. 1t seems to be taken for grant
ed that humiliation and repentance for
the deeds done in the body sre salts
faction before the law for the violation
Of the criminsl statutes Of the state.
Were the governor, under our con.
stitution, clothed with the priastiy poE-
er OF absolusicn on account Of a change
Of heart and a promise CT a better life,
this reason would perhaps have weight,
but one can scarcely throw off the COZ
v;ction that had this peaitent been
friendless and weak he would have
been left to the chain gang to bring
forth fruits meet for repentance"
As it would be an injustice to con
c'uds that the reasons for grantiag the
pardon are fully set out in the state
uent above ansly zed, ! shsll look to
the allegations CT the petition and the
statements contai1ed in the letters
handed cut by the governor for publiea-
ton and mske such running comment
as sppers to ne pertinent.
The petition states that:
(s) The ofense Of which Nesl was
convicted wss a technics! violation Of
the !sw." In addition to saying that all
crimes under statutes are technical VIC.
lstions Of tie lsW l call attention to the
testimony Of the defendant before the
joint investigating committee aId upon
his trial in court, in which he con-
fessed that at the time OF the col
lection Of the funds in question ne
made false statements to the book
keeper as to the amounts collected,
stated that he had expended the funds
for his personal usa and finally, in CON-
trsdicsion these confessions, swore
on the stand that he had properly SC.
counted for them, and this is referred
to in the petition as full and frank
statement.
(b) AT former term Of court he
was tried ard acquitted Of breach Of
trust with fraudulent intent as to the
same funds for which he was indicted
snd convicted for not turning over to
his successor" have before me all Of
these indictments in the cases. The in
dicsment upon which he was acquitted
charged the fsuc ulens Conversion Of
only S244. The indictment under which
he vas convicted charged the failure
to turn over sums sggregsting ST. Al.
So that for three separate sums, which
he has converted to his own use, has
never been acquitted Of, even tried.
There isstill uodisposed of sgairst him
in the court Of general SESSIONS an in
dictmant for breach Of trust for the
conversion of $500, but inasmuch as his
humiliation and repentance is expected
"to redeem his life and reinstate him
self in the good opinion Of his fellow
citiz sns," it would probably be al uu-
j1stiiable expenditure Of public funds
TO press this prosecution at the next
term Of court.
Cd "This sum Of money was paid,
as hereinbefore stated, prior to trial
and with no idea Of compromise" As
before stated, the money was paid only
sfser the defendant had been arrested
aRd had given bail, and then by the
bon6smen, against whom suit was
threatened.
Cd GAS the law has been vindicsted
and the amount found due on his bond
paid. = ~ Il this statement is not
intended to Imply that the state has
been held harmless in full by this pay
ment, then it does mean that the re-
imbursement Of the bondsmen should be
considered full satisfaction before the
law for Meals nisdeeds.
[e) "5uch bsing the statute and
! the facts showing that he had not
turned it over within thirty days, the
jury could not but find verdict Of gull
ty." Surely his EScelIency could not SO
soon forget that on the motion for new
| trisl before Judge Gary on July his
Honor was subjected to the painful Or
deal Of having stated before him as
grounds for new trial: Because the
court refused to charge the jury in re.
gard to the authority of the superinten-
dent Of the psnitsptIarg.
Because the court failed and re.
fused to charge the law as SET forth in
Section SOL.
because your honor's rulings during
the progress Of the trial were not fail
and impartial exposition Of the Law and
we're prejudioial to the constitutional
rights Of the defendant.
At last the anende honorable has
been made to his Honor, Judge Gary,
and the petition bears evidence to the
impartiallty Of the Judge and to the
performance Of duty by the jury. Alas,
justice has come on ladsn wings snd
rex a:a.ion's generosity is tinctured
with a suspicion Of expeoieacy.
Among the letters which his Excel
le1cy has bean confederate enough to
give to the papers for publication,
along with his reasons, and presumably
IS meeting with his approval in senii'
men5, are some charging tnst the peo-
pie believe that the:prosecutlon agslns:
Col. Neal Vas aotuAtsd by poiltical pre-.
juoics and was simply persecunoa.
Now if anyone doubIs tie propriety oi
ny conduct IL appearing in this NAT
ter before the public, let him resd care,
fully the words quoted, let him remem.
Der that they reler to ohcers Of the
state, and that publication Of this Sian
der vas made with The approval OF the
oficer to Naom these letters were sd
d->ssed. So general in It's character Is
the charge thai common fairness would
demand Specifications. VINO were
"actuassd By political prejudice?
Was it the general assembly who ap'
pointed the &C -nistse, the committee