Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1901-10-06
TWO ORDERS ENTERED
BY PARDON BOARD
N SESSION At MOUNDsyILLE YES
TERDAY MORNING, REFUSE
ONE APPLICATION.
THE BOARD WAS DIVIDED
On the Application of John p. Ftem-
mons. Mr.. Brannon Recommends
Ing His Pardon and Mr.. Morris Dis
senting-Bonrd Adjourned Sine
Die.

The Board of Pardons, which has
been In session at Moundsyille since
Tuesday. adjourned sine die yesterday
morning after entering two orders, as
follows:
ID. e. Bartlett.
Bartlett was convicted in the Circuit
Court of Tyler county of in1icting bod
lily injury to one Howard Davidson,
by shooting him with intent to main,
wound, disfgure, disable or kill him,
the said Howard Davidson. The papers
filed in this case are the formal petit
ton of Bartlett a petition signed by
large number of citizens of Taylor
county. and letter signed by eleven
members of the jury which convicted
Bartlett. The prisoners petition
amounts practically to the claim that
he was in fear of bodily injury when
he did the shooting that ne practically
admits he did do. The numerous per-
sons who sign petitions in this case
recommend the pardon of Bartlett and
say that the law has been fully vindi-
Gated and that Bartlett has been sufi-
GENTLY punished, and that the shoot
ing was done under the strongest
provocation. The jurymen say that
they believe Bartlett has been suffi-
GENTLY punished. and add that in their
opinion the evidence would not justify
the shooting, but there WIS such a
strong proyocation that almost any
one would have shot under like circum-
stances All this we regard as insufi-
Gent to warrant US in recommending
the pardon of Bartlett His own petit
ton may be said to be merely the
paper on which to base his case. but if
we were to accept his statements as
evidence, they do not seem to us to
justify him in what he did. The state
ment is to the effect that while Bartlett
was on the farm of the father of David
son, where he had killed hawk, the
latter came on a horse and shot his
dog, and after reloading his gun began
circling around him. so that he be-
lieved Davidson intended to Shoot him
or do him great bodily harm. This is
a matter Of which, under the statutes
of West Virginia, the jury is peculiarly
the judge on the trial of the case, and
having passed on the question. we are
not disposed to intrude on its province
in this particular.
The persons who sign the petition
on behalf of Bartlett say that they be-
lieve the law has been fully indicated,
and that Bartlett has been sufficiently
punished for the reason that the shoot
ing was done under the strongest prov
ocation. There is nothing in the
statements of these petitioners to show
how they obtained their information.
and not knowing on what they base
their belief, we can not attach any
great weight to it.
The eleven jurymen who write the
letter recommending the pardon of
Bartlett, express themselves in very
peculiar way. 1t is difficult to see how
the idea that the evidence would not
justify the shooting can be reconciled
with the further statement that there
was such strong provocation that al |
most anyone would have shot under
like circumstances. This is certainly /
not very favorable to Bartlett. If the !
shooting was not justflable. then the
jury did right in reaching the verdict |
it did on the trial of the prisoner. |
That was practically the question be-
fore them Davidson was wounded
and his life put in peril, and it was
incumbent on Bartlett to show that he
had the right to shoot. The jury on .
the trial of Bartlett did not think so.
The judge on the bench who sentenced
Bartlett was evidently of the same
view and must have looked on the Of
tense as rather a serious one. or he
would have inflicted a lighter penalty, |
as he had the right to do.
So. the impression made on our i
minds by the verdict of the jury and
the judgment of the court that the petit
toner in this case is being rightfully
punished. not being removed by what
is presented to us in this connection.
we advise the Governor not to pardon
the said D. C. Bartlett
John T.. FIemmOns.
BY Mr.. Brannon.-An order was en-