Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1901-10-06

tered in this case on the 25th OF April,
1901, and reference Is now made to that
order. There Is but little new in the
case except the affidavits Of Harden
Fry, Bette Fry and Martha F. Fry.
They shed but little light on the case.
According to these affidavits, atlantis
were present at the time Of the FIST
quarrel. and they say that Flemons was
not to blame; that he tried to keep two
Mullins brothers from killing each
other, and they turned on him.
Flemons then left for home, and the
father of the Mullins boys came home,
and atlantis say that the boys lied 70
him in order to cover up their own
drunken fight Atlantis say that Mullins
and his two sons started after FIemons
and overlook him at the creek and tried
to drown him; and they say tnat
Flemons would have been killed, II ne
had not acted as he did. Af1ants say
that Flenons no more deserved TO ne
punished than the most innocent soul In
the State We do not understand now
these atlantis could know so much
about the homicide, for from their own
statements, they were not present at
the time of its commission. Ii must be.
that what they say with reference 20
hearsay. These atlantis evidently rely
upon report and their opinion Largely.
In view of the facts and circumstances
of the case, and especially the recon-
mendation of the judge, the prosecute
ing attorney, by whom F.emons was
prosecuted the present prosecuting at
torney. ten OF the jurors before Wnom
he was tried the large number OF OH
cials and citizens, the decided sent
Ynent in favor of Communication and re
absence of all opposition to II, we rec
ommend that the sentence OF John I.
FIemons be commuted from eighteen
years to nine years.
By Mr.. Morris do not tnterpcse
any objection to the pardon of F1emon5
but | cannot recommend the same, fer
the reason that the affidavits filed in
his behalf are not satisfactory 10 me.
The parties who make these atf1daYitS
state that they know every circum-
stance connected with the case OF
Flemons but they fail to show how
they obtained their knowledge and
whether or not they were actually pres
ent when Mullins was killed; or, in
other words. that they were actual wit
nesses of the matter which they detail.
1t is clear that Flemons should be par
doned If the state of affairs set up in
his behalf is the truth, but it is equally
apparent that such a storw as is told
for him could be easily manufactured.
All that / desire in order to cheerfully
recommend the pardon of this man is
to be made certain that the details of
the tragedy in which he was engaged,
and which has resulted so disastrously
to him, are true, as stated by him, and
by those who make the affidavits of
what they know about the whole af-
fair | am even impressed with the
idea that there is strong probability
that Flemons himself in his petition
filed in this case. tells the truth, and
that he was assailed as he says he was.
But after all the above Is said when
! apply the tests of reason and of law
to the showing made by him. | still
feel that it is not sufficient. | will add
further to this that 1t may be the best
thing in this case for the Governor, II
he errs at all, to err on the side Of
mercy and grant this man the relief
which he desires, but am bounded by
different circumstances than those
which surround the executive, and |
am compelled to give reasons for what
| do that not only satisfy my own
mind but that, | believe, will satisfy
the minds of others, that I am correct.
While the executive, If he wishes, may
act in manner entirely arbitrary, and
is not required to assign any reasons
for what he does to anybody.