The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1901-09-06
BiSst. That the petitions waFo MN
orouslya signed "by gontlemeA Of til
ioh nrk ram katinn and afaudsnppt nh; {;

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F|srJkson is forcoful possibly beoauae ''tha
soSs ts sso q shS gsss 2sSo So3 IS q aass Gsd
cd in certain direction.
Second. Tho aurotios of tho off ,ial
bond Of Neal urged tho pardon upon
tho ground that tho defendant had re.
paid thom what they wero compelled
to pay tho state on account of his do.
faloation. This reason would itsolf be
conclusive If the prosecutions had boon
brought by tho state for tho benefit Of
those bondsmen.
Third. It scoms to be takon for grant.
ed that humiliation and repentance for
the deeds dono in the body arc salts.
faction before tho law for tho violation
Of tho criminal statutes of tho state.
Woro tho governor, undor our >oon.
atitution, clothed With tho priestly pow.
or Of absolution on account Of change
of hoart and promise of botter life.
this reason would perhaps have wo,ght.
but ono can scarcely throw of the con.
viotion that had this ponitont boon
friondless and weak no would havo
boon left to tho chain gang to bring
forth fruits meet for repentance"
AS it would be an injustice to con.
clude that tho reasons for granting the
pardon are fully sot out in tho state.
mont above analyz,d, / shall look to
the allegations Of tho petition and the
statomol,ts contained in the lettcrs
handed out by the governor for publioa.
tion and make such running comment
as appers to mo pertinont.
Tho petition statea that.
(s) Tho otfonso Of which Neal was
convicted was a toohnioal violation OF
the law" In addition to saying that oil
crimcs under statutes arc technical VIC.
lations Of tho Law | call attention to tho
Testimony OF tho defendant boforo tho
Joint Investigating committee and upon
his trial in court, in which ho oon-
fessed that at tho time Of tho ool-
lection Of tho funds in question he
made falso statements to tho book
keeper as to tho amounts collected,
stated that ho had oxpondod tho funds
for his personal uso and finally, in con.
tradiotion theso oonfossions, swore
on tho stand that ho had properly &C.
counted for thom, and this 10 roforrod
to in tho petition as Full and frank
statement.
(b) "At a former torn of court no
was tried and acquitted Of breach Of
trust with fraudulent intont as to tho
same funds for which he was indicted
and convicted for not turning oyor to
his sucoossor." have before mo all of
those indictments in the GASES. Tho in
dlctmcnt upon which he WAS acquitted
charged tho fauo ulent conversion Of
only $244. The Indictment under which
he WAS convicted charged the failure
to turn ovor sums aggrcgating $1,544.
80 that for thrae separate SUNS, which
no has converted to hls own use, has
mover boon acquitted Of, even triod.
There 10 still u adisposed Of against him
in the court Of general sessions an in
diotment for breach Of trust for tho
conversion of $500, but inasmuoh as his
humiliation and repentance is expected
ITO redeem his life and roinstate him
self in tho good opinion of his fellow
oitizsns," ii would probably bo an un.
juetltiable expenditure Of public funds
to prcss this prosecution at tho next
tern Of court.
(O "This sum of money was paid,
as hereinbefore stated, prior to trial
and with no idea Of compromise" AS
bofore stated, the money was paid only
after the defendant had boon arreste 1
and had giyon bail, and thon by the
bondsmen, against whom suit was
threatened.
(dl "As tho Law, has boon vindiostod
and sno amount found due on his bond
paid. y w" If this stetemont is not
intondod to imply that tho state has
boon hold harmloss in full by this pay
mont, thon it docs moan that tho ro.
imburaement Of the bond.men should be
considered full satisfaction before the
law for Meals misdoeds.
(e) ''Suoh being tho statute and
tho facts showing that he had not
turned it over within thirty days, tho
jury could not but find vordict OF gull
ty." Surely his Exoollonoy could not so
soon forget that on tho motion for a new
trial before Judge Gary on July his
Honor was subjected to the painful or
deal of having stated boforo him as
grounds for now trial: because tho
court refused to charge tho jury in ro
gard to the authority Of tho superinten.
dent of tho penitentiary.
"Boohuso the court failed and re-.
fugod to charge tho law as sot forth in
Section 55l.
because your honor's rulings during
the progress Of the trial wcro not fair
and impartial exposition of the law and
wero prejudioial to tho constitutional
rights of tho defendant"
At last the amende honorable has
boen mado to his Honor, Judge Gary.
and tho petition bears evidonoo to tic
impartiality Of tho Judge and to thos
performance Of duty by tho jury. Alas,
Justice has como on laden wings and
reraration's generosity is ,inotutod
With suspicion Of oxpodioncy.
Among tho lettors which his Exool-
loncy has boon eonsidorate enough to
give to tho papers for publication,
along with his reasons, and presumably
as meeting with his approval in sonti-
mont. are some charging that tho poo
pie bollevo that tho,prosooution against
Col. Neal was aotuatod by political pre-.
judioo and was simply persecution"
Now it anyone doubts tho propriety of
my conduct in appearing in this mat.
tor before the public, lot him read care
fully tho words quoted, lot him remem.
bor that thoy rofer to officors of tho
state, and that publication Of thia elan
dor was mado with tho approval Of tho
otdcer to whom those lottcrs woro ad.
dressed. 50 gonoral in it's character is
the chargo that common fairness would
demand specifications. Who werc