The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-11-06
SATISFIED WITH
GUILT OF COUNCIL
Governor Aycock Replies to
Father Marion.
WENT INTO CASE FULLY
Says He is Responsible For His Own
Convictions
THE PRIESTS REMARKS u FORTUNATE
Governor Aycock Read Evidence Two or Three
Times, Sent Judge Womack to Inyis'i-
gate Facts and Referred the Case
10 the Council Of State.

Governor Aycock yesterday made a
statement with reference to the remarks
Of Father Marion at the execution of
Lewis Council. in Fayetteville Saturday
last.
The Governor said that he was not sur
prised at the feeling exhibited by Father
Marion Council had professed conversion
under the ministration of Father Mar
ion and it was but natural that he should
believe what Council said Any Metho-
dist, Baptist, Episcopal. Presbyterian, or
Lutheran preacher who had attended
Council would have taken the same view,
though he might not have expressed it
in the terms used by Father Marion. 81
am in no wise responsible" said the Gov
ernor, for the execution of Louis Coun-
Gil. He was tried before jury of Cum
berland county and Judge of the State
and found guilty and condemned to death.
He appealed to the Supreme court
gave him several respites in order that
his case might be thoroughly Investigate
ed, and If the court saw fit that he might
be granted a new trial. On the applica-
tioit " me. III the tNlue1lCb
in the case was certified to me- | have
carefully read the evidence, every word
said for and against the prisoner have
not only read it once, but twice and much
of it / have read three times and more.
| am perfectly satisfied of the guilt OF the
prisoner. l sent for Mrs. West, the vic
tim, and cross examined her. | sent
Judge Womaek, who is known to be a con-
sentative and careful man, to Fayetteville
for the purpose of investigating the crime
and the facts connected Herewith. |
have exhausted every means in my power
to ascertain the guilt or innocence of the
prisoner and | am today convinced of his
guilt / know that many excellent citi-
zens doubt his guilt, but under the Con-
stitution and the laws of this State | am
bound to act under my convictions and
not under theirs | called the Council of
State in session to advise me in this
matter; without, exception each of them,
after hearing alhthe evidence in the case,
was of opinion. ithat the prisoner was
guilty and tnat ought not to interfere
with his execution. There is some mis-
apprehension in the minds of some people
as to the right of the Governor to inter
me the power to pardon and to commute.
The Constitution itself places no limita-
tions on the exercise of this power ex-
cept that the Governor shall give his rea-
sons TO the Legislature which assemblies
succeeding his act; but there must be
some rule by which the executive is guild
ed. He cannot interfere with the SEN
fences of courts unless those sentences
are excessive or he has grave doubt of the
guilt of the prisoner or there shall be
other causes rendering the infiction OF
the punishment improper, and these
causes must arise after the sentence IN
Louis Councils case the punishment will
not be declared to be excessive by any
person, provided the prisoner was guilty
The only question, therefore, left open
to me was whether the prisoner was
guilty or not. Upon reading of the
whole evidence in the case am not only
not satisfied that the prisoner is innocent.
or that there is a grave doubt of his
guilt. but l am satisfied that he is a
guilty man. Had / interferred with the
sentence / could not have given true
and adequate reason for this interference.
1t is not sufficient that other people
should think the prisoner innocent. |
could not have committed the sentence
unless was convinced that there was
grave doubt of his guilt
Il regret the remarks of Father Marion
as have no doubt he does upon refiec-
ton. l find no fault with his convictions
of the innocence of Council, but l think
it unfortunate that he should have sug-
gested in his remarks at the execution
that i was RESPONSIBLE for the death Of
an innocent man. If he was innocent
the jury ought to have said So If he was
not guilty Father Marion and those who
were closest to the prisoner ought to
have asked for his pardon and not for the
Communication to Imprisonment for life in
the penitentiary The very fact that
they failed to ask for his pardon is con-
elusive evidence that they believed only
that his guilt was in doubt If Father
Marion was as certain of his innocence
as he declared at the execution he was
derelict in his duty not to have asked for
a pardon, for to imprison a man in the
penitentiary for life for an offence which
be did not commit is little less grave than
his execution. The law in this State
against the crime for which Louis Coun-
ell was executed will always be enforced,
and the law against lynchings will like
wise be enforced. There is no occasion
for the execution of the law by the peo-
pie in mobs. The people are strong
enough in their organized capacity to pun
ish crime and | shall not be deferred by
adverse criticisms from letting the law
take its course where believe the pris-
oner guilty"