The colored American., 1902-06-07

and 4 woman. Hex was stranger IN
The community and had no money and
no friends: hence Townsend's appoint
ment to defend him against the two
charges. Mr. Townsend made strong
defense for his client, contesting every
inch of the ground for seven days and
several nights, because he knew that
il Hex was convicted the chances were
in favor OF hanging hIm. Hex was con-
victed. Townsend moved for new
trial, giving many reasons and citing
much law why Hex should have new
trial, but the District Court overruled
the motion. Hex was sentenced to be
hanged Townsend got a stav OF 90
days to try TO raise money 10 appeal the
case TO the Supreme Court. Being un-
able to raise the money. and when the
time was half out, he appealed to the
Board of County Commissioners of
Pueblo TO allow the sum Of S2OO TO get
up the transcript for the higher court,
which appeal was refused. Townsend
saw that he could not IN any way raise
the money to have the verdict OF the
Jury and the judgment OF the court re-
versed by proceedings IN the Supreme
Court, and he went TO work TO prepare
an appeal TO the governor and board OF
pardons for mercy by committing the
sentence of the doomed man from that
OK death 10 life Imprisonment. On the
| foulth day of April, seven days before
Hex was 10 hang, and on Friday (the
| hangman's day), Mr. Townsend ap-
peared before the governor and the
board of pardons at Denver, presented
a volu1ninous record from the courts be-
| low. petitions, affidavits and letters Of
good character and cOmmendatiOn from
Ithe people of Texas, HeX's former home;
talso many letters from Pueblo from men
lof standing. These documents, together
with the fact that the prisoner was con-
Idcru.ed to die upon circumstantial evl-
Idencc. enabled Mr. Townsend to con-
Iyince the governor and the board of
lnardons IN an argument OF eight hours
length that it was their duty, since he
lcould not. for the want OF funds, get
into the Supreme Court, to interfere
land save the mans life. which they did
One of the strongest points presented by
Mr.. Townsend for reversal OF the Judg-
ment OF the court below was, as he con-
TENDED, that Hex was convicted upon
circumstantial evidence alone. there be
ling but three parties to the shooting
two of whom were killed. The State
was unable TO prove, except by CIrcum-
|
Hex was done for any other cause thar
self-defeuse, as was testified to by Hex
the only living eyewitness The law
,, OF capital punishment in Colorado pro
yides that no person shall be condemned
TO death upon CirCumstantIal evidence
: alone" Lawyer Townsend made long
Hard fight for his client for period O
Eve months. He gave his time and spen
his money to save the life OF a friend
less and penniless Negro, who was theI
IN the penitentiary with the death watcl
lover him awaiting his doom. Hex owe
e Ithc breath he breathes to the tireles
efforts OF a generOus-hearted lawyer
= who thought more OF his clients lif
han about money.
+ Mr.. Townsend was born a slave il
7 Alabama, and IS about IS years old. Hi
q master liberated him when quite yOuni
{ md sent him 10 Kansas, where he SUI
tered many hardships and attained a
g education under GREAT difficulties. II
q night truly be called a self-made mar
He now enjoys an extensive practic
: md commands the respect OF the court
{ md the bar OF Pueblo.