Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1901-04-06
BEATTY WILL HANG.
Preston County Murderer Must
Pay the Penalty

encY Based OH Previous Good Char
acter- Facts Developed at the Hear
ing Execution will Take Place on
april 18th.
The state board of pardons Messrs.
w. W. Brannon, of Weston, and p.
w. Morris Of Parkersburg, which has
been in session at the state peniten-
tiary at Noundsyille, for several days
yesterday gave out its decision in the
case of Beatty the Preston county
murderer, sentenced TO hang last
month and TO whom respite was
granted by the governor in order that
the pardon board might make an in
yestigation. The board finds that it
cannot recommend Communication of
Beatty's sentence to imprisonment,
and SO reports to the governor in the
following opinion:
Beatty was convicted Of murder in
the first degree in the circuit court Of
Preston county and on the 2lst day
Of December 1900, was sentenced by
that court to be hanged on the 18th
day of February 1901. Shortly before
the last named date the governor
granted him respite pending his ap-
plication for communication until April
IL, 1901.
The specific offense for which he is
now under sentence of death is the
murder of David A. Nine his brother
in.law On the goth day of November
1900.
A Communication to life imprison-
ment is earnestly asked and the APP
plication is supported by petitions
signed by about eight hundred citi-
zens of that county among whom are
many well known and worthy people.
A number of letters from prominent
officials and reputable citizens are
also filed on Beatty's behalf. A pro-
test signed by two hundred and thir-
teen citizens is likewise filed in the
case. We think Beatty's reputation
as a law abiding peaeeable citizen is
well established by the evidence and
as before remarked, this appears to
have been his only defense
GROUNDS FOR cLEMENCY.
Favorable action on the part of the
urged by Mr.. p. J. Crogan, Beatty's
attorney on the following grounds:
First, that his general reputation
as peaceable and law abiding citizen
preceding the murder was good.
Second, on account of the great
provocation under which he acted.
Third, for the reason that d large
number of reputable citizens mostly
residents of Preston county and near
the scene of the tragedy either sign
petitions or write letters in behalf of
Beatty.
Under our statue murder by poison,
lying in wait, imprisonment, starving,
or any willfnl, deliberate and premed-
itayed killing is murder in the first
degree. Plainly the killing here was
willful, deliberate and premeditated,
and was therefore murder in the first
degree.
The statute further provides that
murder in the first degree shall be
punished with death unless the jury
in its discretion, further find that
confinement in the penitentiary shall
be the punishment. Without such
further finding the accused shall be
punished with death. (Sections l
and 2 of chapter IA, and section 10
of 159 Of our code.) So that, the
punishment for murder in the first
degree is matter peculiarly within
the discretion of the. jury. We do
not intend to assert that the exercise
of this discretion by the jury, would
be final against the intervention Of
the pardoning power in a proper case.
Do the facts and circumstances of
this case justify US in favorable advice
on behalf Of Beatty? We regard the
case as plainly and manifestly one of
willful, deliberate and premedita6ed
murder. 1t appears to US that it was
most cruel and heartless murder.
Nine was killed while retreating on
his own premises. He seems to have
been entirely without fault as to this
tragedy or anything that justified it.
Beatty prepared himself for the des-
perate deed With special care and de-
libasatio' ind executed his design to
lake human life with desperate deter
minatiou. His motive was revenge
"a very usual motive in murder. Beat
ty's plan was to kill Nine and he pre-
pared himself to do SO with marked
sedateness.
For Beatty's awful crime the jury
visited upon him the severest punish,
ment known to the law; the court
approved that verdict and We see nc
reason upon which to base recon-
mpndatiou that the governor com.
mute the sentence
1t may be we'll. to discuss as briefly
as possible the reasons given in the
papers ia this case as to why exeeu-
tive clemency should be exercised
Granted that heinous crime ha:
been committed, can former gooc
conduct be urged as an excuse for it:
A mans former good conduct might
be used and frequently is successfully
SC, to show at least reasonable
doubt of his being the criminal ne il
~, rund mifh hafpn In this rag