Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1901-09-03
LEGALLY DEAD.
Strange Claim set up in De-
Tense of Murderer.

Lulu IANtNUM HIS DCtil hctlFkcNEN AAAlH
Has Fighting Chance for his Life
According to the Records he was Ex-
eeuted two Years ago Strangest Case
in History.
sLuda Madison, eolored, the Fayette
county murderer, who was 10 have
been executed at the nenitentiary at
Meundsville Tuesday, has another
chance for his life. A respite Of 90
days was granted him yesterday by
Gov White TO allow the condemned
man to take his case TO the y. S. SUI
preme Court. For the third time,
Madison had prepared to die and at
the last moment was granted more
time. His case has beeua an unparal-
leled one in this state and a rare one
In the land. He has been under death
sentence for two years and now enter
tains more hopes than ever OF again
being free man. The former pleas
for mercy were to have his sentence
eommuted to life imprisonment, but
now he Is after absolute freedom.
Madison has certainly faced grim
death longer and at a closer range than
any ordinary man could endure. Since
his confinement in the state prison To
await his execution day almost two
years ago he says he has made peace
with his Savior under the spiritual adj
yisement of Archdeacon B. NJ. Spur,
OF Moundssille. During that time he
has been constant reader OF his BIZ
bic and is ready to die. He has been
apparently fearless Of death.
In the criminal court OF Fayette
county two years ago, Madison was
found guilty of murderinglanother ne
gro in a mining camp by shooting him.
He was sentenced TO hang on Deem
Der 10. 1899 Two days before that
Gov Atkinson granted him a respite
Of 60 days TO give him chance to get
new trial. Here is where the irreg-
ularity occurred that is likely to give
Madison his freedom. The Judge of
the criminal court of Fayette county,
who passed the death sentence upon
Madison, died before his case was
again acted upon. The go days expir-
ed and nothing was done. The con-
DENIED man remained in the prison
and his case appeared TO drop until the
peculiar circumstances Of the case was
brought to light. Governor Atkinson Is
quoted as saying that Madison could
not be executed as he was judically
dead then. The records OF the Grimm
al court of FayetGe county are said TO
show that Madison was duly exccut-
ed.
The supreme court Of the state then
took up the case and ordered that he
be taken back TO Fayette county and
resentenced. This was done in jan
uary and the day Of execution was
then set for July 5th. Again just be-
fore the day Of execution he was grant
ed 60 day respite to take his case be-
fore the court of appeals. The court
refused to interfere in his execution
and Madison's last hope was gone. He
fully expected to die this time and
was ready to face death.
When the good news. was announc-
ed TO the condemned man yesterday
he shouted with JOY and has been hap
by since. Although unknown TO him
Madison's friends had made up purse
to defray the costs in the case before
the u. s. supreme court and at the
same time secured the respite.
But short time ago case with
similar merits was decided in Pennsyl-
vania and the condemned man was re-
leased as he was found ju1icially dead.
Constitutional questions are said to
be involved that properly bring the
case before the supreme court Of the
United States.